Senate the Senate Met at 10 A.M

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, TUESDAY, MAY 13, 2008 No. 78 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- A story in newspapers all around the called to order by the Honorable JON ator from the State of Montana, to perform country today, based on an article by TESTER, a Senator from the State of the duties of the Chair. Jon Cowen and Dan Balz in the Wash- Montana. ROBERT C. BYRD, President pro tempore. ington Post, indicates that the Amer- PRAYER Mr. TESTER thereupon assumed the ican people are seeing what is going on. The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. In polling done by the Post, along fered the following prayer: f with others, the political party in Let us pray. America best able to deal with the Eternal Spirit, the way, the truth, RECOGNITION OF THE MAJORITY country’s problems: Democrats, by a LEADER and the life, give our lawmakers 21-point advantage. It is obvious why. growth of ethical vision that, with the The ACTING PRESIDENT pro tem- We are trying to do something about passing of years, they may enter into pore. The majority leader is recog- the problems facing America today. We the fullness of faith. Uphold them in nized. are trying to do something about the their disappointments and make them f patient, even amid the unsolved mys- intractable civil war we are engaged in teries of life’s seasons. Let such robust SCHEDULE in Iraq. We have a situation where we have 50 million people with no health confidence in You shine through their Mr. REID. Mr. President, following insurance. We have the Earth’s tem- lives with such persuasive beauty that leader time, the Senate will resume it will dispel the darkness of fear and consideration of S. 2284, the flood in- perature rising every day. Our Earth doubt. Lift their lives from the battle surance legislation. There will be 60 has a fever. We need to do something zone of combative words to a caring minutes for debate equally divided and legislatively to try to bring down that community, where leaders commu- controlled in the usual form prior to a fever. We have an education system nicate esteem and respect to each series of votes. Senators should expect that is in crumbles. We want to do other. Lord, help them to trust in Your votes to begin shortly after 11, maybe something about educating the troops unfailing love and to rejoice at the un- 11:10 or thereabouts, in relation to the coming back from Iraq. We believe folding of Your merciful providence. following items: The McConnell these troops are just as gallant and he- We pray in the Name of the Prince of amendment on energy with a 60-vote Peace. Amen. roic as the troops who fought in World threshold; Reid amendment on energy War II. When the World War II troops f with a 60-vote threshold; passage of S. came home, they had the ability to go PLEDGE OF ALLEGIANCE 2284, the flood insurance legislation; to school and were educated, and it cloture on the motion to proceed to The Honorable JON TESTER led the happened. It changed America forever. H.R. 980, first responders collective Pledge of Allegiance, as follows: We think America could be changed bargaining. As a reminder, the Senate I pledge allegiance to the Flag of the forever again in the new paradigm we will recess from 12:30 until 2:15 today to United States of America, and to the Repub- now face with these men and women lic for which it stands, one nation under God, allow the weekly caucus luncheons to indivisible, with liberty and justice for all. meet. coming back by the tens of thousands and not being able to afford to go to f f school. APPOINTMENT OF ACTING OBSTRUCTIONISM PRESIDENT PRO TEMPORE We know that the Presidential can- Mr. REID. Mr. President, we have didate of the Republicans, Senator The PRESIDING OFFICER. The talked now for several months about MCCAIN, says it is too generous. Well, clerk will please read a communication the number of filibusters. Today, this to the Senate from the President pro this piece of legislation, written by JIM will be raised to 71. Comments have WEBB, is generous, but it should be be- tempore (Mr. BYRD). been made by Republican leaders that The assistant legislative clerk read cause these troops returning from Iraq it doesn’t matter; we are just doing the the following letter: deserve our generosity. people’s business; we are only getting U.S. SENATE, done what is important. The Democratic advantage is going PRESIDENT PRO TEMPORE, The American people know what is to be pronounced come election time. Washington, DC, May 13, 2008. We have tried to work on a cooperative To the Senate: going on. It is obstructionism at its ze- Under the provisions of rule I, paragraph 3, nith, at its best. The American people basis and have been denied that time of the Standing Rules of the Senate, I hereby are beginning clearly to see this issue. after time after time. We know that

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

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VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.000 S13MYPT1 smartinez on PROD1PC64 with SENATE S4048 CONGRESSIONAL RECORD — SENATE May 13, 2008 Bush’s disapproval rating in some polls we supported last year, will increase riod than the cost of gasoline. It goes is around 70 percent. Think about that. our energy independence and help to beyond that, obviously, to diesel fuel We have had a number of stories writ- bring down gas prices in the long term. and jet fuel costs. We see it every day. ten in just the last 10 days that the Some say opening new areas for pro- You drive down the road, and you lowest approval rating of any President duction won’t do anything in the short watch prices going up at the gas sta- in history is the President we are now term. But remember, if President Clin- tion. People ask Senators and Con- dealing with, a person who is a divider, ton had not vetoed legislation to open gressmen: You are supposed to be the not a uniter. The American people see ANWR 13 years ago, more than a mil- bigwigs here. You are supposed to be so this. Eighty-two percent of the Amer- lion barrels of oil would be flowing to influential. Why haven’t you done ican people feel our country is headed American consumers every single day. something; the gas prices are killing in the wrong direction. I would hope I believe it makes more sense for us to us. that during the next few months we produce these additional barrels here And they are. Whether it is a family have left in this legislative session, we at home with American jobs rather member commuting back and forth to can stop the increase in this number than begging OPEC to produce more, as work in downstate Illinois, trying to here and work to try to accomplish some on the other side have advocated. get to the State capitol, whether it is good results for the American people. I urge my colleagues to consider our a an over-the-road trucker spending al- We have so much that needs to be done. long-term energy goals and our need most $1,000 to fill up his rig with diesel We want to work to get this done. If we for increased energy independence and fuel, whether it is the CEO of an airline are able to accomplish things, there is vote in favor of this amendment. who has seen the worst first-quarter credit to go around for everyone, We can’t continue to ignore the No. 1 losses in the history of that airline be- Democrats and Republicans. But, of issue facing American families, and cause of the rise in the cost of jet fuel, course, the obstructionism we face has further delay is not an option that it is hitting everybody. I talked to a made it so that there is no credit to go Americans can afford. Some of our chiropractor over the weekend. She around, period. The American people friends on the other side of the aisle be- told me her practice was dying because have identified this, and rightfully so. lieve we need to ask OPEC to supply people didn’t want to drive 20 miles for f more oil, that we ought to be sending her services. They said: We will see you even more money and jobs to the na- every other week instead of every RECOGNITION OF THE MINORITY tions of OPEC. But we take a different week. As you see, it is starting to LEADER approach. Our amendment would in- reach into every single area. The ACTING PRESIDENT pro tem- crease the production right here at So what response do we have from pore. The Republican leader is recog- home in America. While some want to the Republican side? The response is nized. increase OPEC’s control over oil supply predictable and ineffective. Here is f by refusing an increase in American what they say: You know what we ought to do. We ought to start drilling ENERGY supply, our amendment increases American control through American for oil in the Arctic National Wildlife Mr. MCCONNELL. Mr. President, energy and American jobs right here in Refuge and we ought to start drilling later this morning we will vote on an the United States. for oil off the coasts of America. amendment to increase production of I yield the floor. OK. How much oil is there? American energy, which will help lower Oh, there is a lot. f prices at the pump and create more In the scheme of things, it is not a American jobs. Last year, this Con- RESERVATION OF LEADER TIME lot. All of the oil reserves within the gress acted in a bipartisan way to re- The ACTING PRESIDENT pro tem- control of the United States of Amer- duce our demand for oil by increasing pore. Under the previous order, the ica, all of them combined come to 3 fuel economy standards for cars and leadership time is reserved. percent of the world’s total oil re- trucks and by increasing our use of reserves. Each year, our Nation—a pow- f newable fuels. But no matter how hard erful, large economy—consumes 25 per- we might try, we cannot repeal the law FLOOD INSURANCE REFORM AND cent of all the oil produced in the of supply and demand. We know we MODERNIZATION ACT OF 2007 world. We cannot drill our way out of also need to increase supply in order to The ACTING PRESIDENT pro tem- this issue. We cannot drill our way to lower gas prices, and that is what our pore. Under the previous order, the lower prices. amendment does. Senate will resume consideration of S. Here is something they fail to men- In the short term, it places a 6-month 2284, which the clerk will report. tion: If we gave approval today—which moratorium on deposits to the Stra- The assistant legislative clerk read I think would be a bad idea—to the Re- tegic Petroleum Reserve, which will as follows: publican approach, it would be years immediately have an impact on domes- A bill (S. 2284) to amend the National before the oil would start trickling in, tic supply. It also increases production Flood Insurance Act of 1968, to restore the fi- meaning years of high prices. of American energy right here at home nancial solvency of the flood insurance fund, So what can we do here and now? by opening a small portion of the Arc- and for other purposes. Two things: First, we can start dealing tic National Wildlife Refuge for pro- Pending: with the price gouging of consumers. duction and allowing coastal States to Dodd/Shelby amendment No. 4707, in the Prices are going up dramatically at decide if they want to allow increased nature of a substitute. historically high rates. They are not production on the Outer Continental McConnell amendment No. 4720 (to the text justified by the barrel-of-oil prices. The Shelf. It repeals the moratorium on oil of the bill proposed to be stricken by amend- spread between the cost of a barrel of shale development that was included in ment No. 4707), of a perfecting nature. oil and the cost of refined product last year’s Omnibus appropriations Allard amendment No. 4721 (to amendment keeps growing larger and larger, and bill, and it would encourage the devel- No. 4720), of a perfecting nature. the oil companies that are refining the opment of coal to liquid, a very prom- The ACTING PRESIDENT pro tem- crude oil keep making more and more ising substitute for petroleum products pore. Under the previous order, there money. Price gouging is going on. That that we can produce right here in will be 1 hour of debate equally divided is the first issue. Is there any mention America and specifically in Kentucky, between the two leaders or their des- of consumer price gouging in the Re- my home State, with American work- ignees. publican approach? Not one word. In ers. Our amendment would provide The Senator from Illinois. the Democratic approach, we believe grants and loans to accelerate the de- Mr. DURBIN. Mr. President, I would price gouging should be part of this. velopment of advanced batteries that like to speak to the amendment which Secondly, accountability of the oil can be used to power the next genera- we will vote on shortly. It relates to companies. These oil companies, over tion of plug-in hybrid vehicles here in the cost of gasoline. I can’t think of the last 7 years when George Bush from America. These measures, coupled with another issue that has been in the fore- oil country has been our President, the conservation and biofuels measure front across America for a longer pe- have seen their profits quadruple—four

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.001 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4049 times the profits they were making prices down. I hope we can get the co- Price gouging is in their portfolio just a few years ago. The cost of oil and operation of the Republicans, beyond again. They talk about it. Last year, diesel fuel has gone up 21⁄2 times; the that, to deal with the price gouging of we gave authority to the Federal Trade oil company profits, quadrupled. These consumers and accountability for oil Commission. They have not yet found companies are not only making more companies and not face another Repub- any gouging. We hope they do. money than oil companies have ever lican filibuster when it comes to that Now, I would like to go on and talk made, they are making more money important issue. about what we are trying to do. than any business in the history of Mr. President, I yield the floor. Mr. President, I ask unanimous con- America. That is a fact. The ACTING PRESIDENT pro tem- sent that I be added as a cosponsor to We have a windfall profits tax. We pore. The Senator from New Mexico. amendment No. 4737. It is now known say there is a limit to how much these Mr. DURBIN. Mr. President, can I as the Reid amendment, but it is actu- oil companies should be making as propound one unanimous consent really Senator DORGAN’s amendment. profits when it causes so much damage quest, please. I am sorry. If the Sen- The ACTING PRESIDENT pro tem- to American families and businesses ator from New Mexico will allow me, I pore. Without objection, it is so or- and farmers and truckers and the econ- ask unanimous consent that the fol- dered. omy. We have a windfall profits tax. lowing Senators be allocated 5 minutes Mr. DOMENICI. Mr. President, ear- The Republican approach: nothing— each from the majority’s time after the lier this year, I gave a detailed speech nothing to address the oil company Senator from New Mexico speaks: Sen- on the Senate floor about the perils of profits. That is the reality. ators KENNEDY, DORGAN, and BINGA- our Nation’s growing dependence on Now, Senator REID, the Democratic MAN. foreign oil. At that time, I noted the majority leader, came to the floor a The ACTING PRESIDENT pro tem- Nation was ignoring policies that few minutes ago and told us what is pore. Is there objection? would increase our energy supply while going on with the Republican strategy. Mr. DOMENICI. Mr. President, just a the stranglehold of foreign oil was So far in this session of Congress—we minute. Do you have time on each one tightening. I spoke bluntly and warned have 2-year sessions of Congress—the of them? of dark days ahead for our Nation’s Republicans have initiated 70 filibus- Mr. DURBIN. We will alternate back economy and foreign policy if we con- ters. Today, they will hit 71. You might and forth. tinued to send our money abroad to say: So what. What does that mean? In Mr. DOMENICI. I understand. buy oil from unstable and hostile re- the history of the Senate—over 200 Mr. DURBIN. These Senators asked gions around the globe. years—the maximum number of fili- for 5 minutes each. I stated that at the current price of busters in a 2-year period of time was Mr. DOMENICI. I did not hear the ‘‘5 oil, we are at a pace to send nearly a 57. The Republicans have broken that minutes each.’’ I am sorry. I have no half trillion dollars overseas annually record. objection. to purchase oil—a half trillion. When What is a filibuster? A filibuster is a The ACTING PRESIDENT pro tem- the driving season ends, and the price way to delay, slow down, avoid, try to pore. Without objection, it is so or- at the pump subsides a bit, naturally turn the page to another issue. Over dered. the volume of constituent letters and and over and over again—70 times—the The Senator from New Mexico. phone calls will decrease a bit. When Republicans have now set a record for Mr. DOMENICI. Mr. President, fol- the cameras fade and the focus of the obstruction in stopping progress in the lowing mine, we would like Senators day begins to turn elsewhere, we Senate, whether it is on issues of en- HUTCHISON, ENZI, VITTER, and CORNYN should stop and reflect on the debate ergy, whether it is on issues of health to be recognized for 5 minutes each, we are having today. care, helping our schools, dealing with and 5 minutes for wrap-up for the Sen- Make no mistake, a growing and the war in Iraq—over and over and over ator from New Mexico, with 10 minutes gathering storm is swirling around this again, Republican filibusters. right now for the Senator from New Nation. It is threatening our economic Today, we will have a vote. We are Mexico, and alternating back and strength, our national security, and going to have a vote in a short period forth. our place in the world. That storm of time—at 12:15, maybe earlier; I am The ACTING PRESIDENT pro tem- comes in the form of dependence upon not sure. But in the course of that pore. Is there objection? foreign oil. vote, we will have a choice on whether The Chair hears none, and it is so or- Last year, Congress passed a strong we at least will make one small step dered. energy bill, built on advancing cel- forward when it comes to dealing with Mr. DOMENICI. Mr. President, I just lulosic ethanol and strengthening our gasoline prices. We cannot justify, in have so much to talk about. I wanted fuel efficiency standards. We made the current situation, continuing to to follow my text I had prepared, but great steps in setting up policies that take oil off the market where the Fed- having heard the Democratic Senator will reduce our gasoline consumption. eral Government buys it and stores it. discuss this issue, I have to tell the However, I said at the time, and say It is called the Strategic Petroleum American people, one, their energy pol- again today, last year’s legislation had Reserve. Currently, it is at about 97 icy, if they are talking about today, is a glaring weakness, which is high- percent of capacity. We are buying the a policy that has to do with the filling lighted today. Last year’s bill failed to most expensive crude oil in the history of the Strategic Petroleum Reserve. include measures for domestic energy of the world, and storing it, taking it The leader of that policy is the distin- production. off the market, further putting an in- guished Senator DORGAN. He has led When we tried to open the Virginia crease on gasoline prices. that cause, and he is going to win. But Outer Continental Shelf to natural gas We will offer an alternative to the literally that cannot be an energy pol- leasing, the other side blocked that. Republican approach which will say icy. It is 70,000 barrels a day that we When we tried to improve our Nation’s that we will suspend filling the Stra- are not going to buy and put in the re- refining capacity, the other side tegic Petroleum Reserve. It might serve—70,000—and that is for the rest of blocked that. And when we tried to ad- pass. Fifty-one Democratic Senators, this year. vance domestic coal-derived fuels—a incidentally, wrote a letter to the Now, we use 21 million barrels of oil very major way for America to dimin- President on March 11 asking the a day. So let’s face up to it. If you do ish its dependence on foreign oil—the President to suspend the filling of the not think 1 million barrels a day from other side blocked that. On conserva- Petroleum Reserve because gasoline the Alaskan arctic wilderness—which tion and efficiency and the pursuit of prices were out of control. The Presi- would be American, and we could get clean energy, this Chamber is in wide dent refused. Now we have to pass a that coming to America for maybe 50 bipartisan agreement. But on pro- law to force the President to do some- years—if that is not better than 70,000 ducing more American oil and gas to thing about these gasoline prices. barrels for 7 or 8 months to not put in reduce the price of gasoline at the I think suspending shipments to the the Reserve but leave in the world mar- pump, it will become clear from to- Strategic Petroleum Reserve is the ket—I will leave that to anybody who day’s debate and vote that the vast ma- most sensible way for us to bring these is listening. jority on the other side opposes action.

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.003 S13MYPT1 smartinez on PROD1PC64 with SENATE S4050 CONGRESSIONAL RECORD — SENATE May 13, 2008 When today’s vote is over, regardless am pleased to have 21 cosponsors on We are going to be voting on some of the outcome, I will continue to re- that bill, and I am pleased Senator extremely important energy issues, turn to the Senate floor and speak on MCCONNELL has offered this legislation and I have expressed my views on those this important issue of our growing de- as an amendment to the bill currently before. I wished to take an opportunity pendence on foreign oil. I will continue before us. Unfortunately, the other side to talk about another matter which we to speak out against policies that in- has not allowed us to consider this pro- will be voting on later this morning, crease the cost of energy, when the posal to address record-high gas prices. early this afternoon, and then will be American people so clearly want us to Speaking of filibusters, on our bill the subject matter that will be before provide relief from high gas prices. they have insisted there be 60 votes. the Senate for the next few days. It is I have listened intently to the in- That is the equivalent of a filibuster. an extremely important matter. It creased debate over the past few weeks So you can chalk one up for us. They deals with our national security; pri- about our energy challenges. I have are filibustering the only Energy bill marily homeland security. It deals heard some on the other side plead we have seen in a while that would with the challenges that our first re- with OPEC nations to increase produc- produce energy for America. sponders are faced with. I am talking tion by one-quarter of the amount we I support the bipartisan amendment about our police officers, our fire- provide for in America with this on the Strategic Petroleum Reserve, fighters, and our first responders. They amendment—one-quarter the amount. I and I have already indicated to you are the ones who are on the cutting have heard ANWR opponents from a that I do, and it needs no further expla- edge of our domestic national security. decade ago repeat their claim from a nation. I am confident, if enacted, the We are seeing massive reorganiza- American Energy Production Act—the decade ago that ANWR oil will take a tions of our various institutions that one we are talking about—will decade to produce. I never heard this have dealt with homeland security. We strengthen our Nation’s security for argument when we were supporting in- have seen additional resources focused decades to come. In this legislation, we creasing vehicle fuel economy stand- on homeland security. The legislation open 2,000 of the 19 million acres of the ards that we know will take a decade Senator GREGG and I offer will Arctic National Wildlife Refuge. And I to come to fruition. We passed a bill strengthen our national security by in- defy anyone with common sense to se- cluding those individuals who are on that everybody takes credit for. It will riously contend that 2,000 acres out of the frontline into the decisionmaking take 10 years for it to have an impact. 2 million will harm that wilderness. It about what is helpful and useful in Yet we praise ourselves for producing can be done with a small footprint, and terms of the security of our commu- it. everyone knows it. We have just chosen Of course, all of this would be assum- nities, small cities, and large cities all sides, regardless of the real facts. ing the price of oil did not increase across this Nation. It will give them a Therefore, I assume the Democrats will over $100 per barrel during the time voice in making judgments and deci- defeat it again. that ANWR was being blocked. If Presi- Taken together, these policies enable sions so those decisions and judgments dent Clinton had not vetoed ANWR the production of 24 billion barrels of are not only going to be made by pol- over 12 years ago, we would have this American oil, which would increase our icymakers and bureaucrats but by men oil from Alaska on the market today. I domestic production by nearly 40 per- and women who are on the ground. The have also heard my colleagues argue cent over the next three decades. Open- legislation is called our Public Safety that 70,000 barrels of oil per day would ing ANWR alone would create thou- Employer-Employee Cooperation Act. make a significant difference in the sands of American jobs, provide $3 bil- It is bipartisan in nature, and it can price of oil—that is the SPR bill—while lion in revenues in the next 10 years to make an extraordinary difference. denying access to over 1 million barrels the Federal Treasury, and bring on line We had the opportunity last evening of oil per day from ANWR alone. over 1 million barrels of oil per day. to go over the essential elements of the It is time to act, and what the other This amendment also spurs the com- legislation, sort of the dos and the side has offered at this critical moment mercialization of coal-derived fuels and don’ts. There are those who have mis- is talk of energy independence sup- oil shale resources. Advancement of construed this legislation and have ported by more Government investiga- these policies will be spoken of in more misrepresented the legislation. We tions and empty threats to OPEC com- detail by other Senators but, clearly, have seen that sort of technique bined with pleas for more OPEC pro- they are things to look at. The Amer- around here in the Senate when Mem- duction. If that were not enough, we ican people ought to know about them. bers differ with the legislation. They are faced with the prospects of a wind- They are sources—huge sources—of en- distort it or misrepresent it and then fall profits tax like the one that passed ergy that can be made in America by differ with it. It is an old technique in April by the Chavez administration Americans for America. With emerging that is used around here. in Venezuela. We tried to implement economies around the world increasing We will have the chance this after- such a tax in the 1980s. It did not work their thirst for oil, we face a new en- noon and tomorrow—and this is a no- then, and it will not work now. We can- ergy challenge in America. tice we will welcome—Senator GREGG not produce more energy by taxing oil The world demand for oil continues and I—will welcome amendments. This companies or taxing anyone. to grow. America’s production of oil legislation has in one form or another According to the Congressional Re- has fallen to its lowest levels in 60 been before the Senate previously. It search Service, the imposition of a years. That is because we haven’t done had extraordinary bipartisan support windfall profits tax could have ‘‘several anything new or significant to add to in the House of Representatives. I be- adverse economic effects.’’ And such a what we have produced for years. If we lieve 98 Republicans supported the leg- tax could be expected to ‘‘reduce do- do not start producing more of our own islation, which is an indication of the mestic oil production and increase the energy resources, we will continue to breadth of support it has. level of oil imports.’’ The architect of rely on unstable foreign oil and con- So we will look forward—and we are this tax during the Carter administra- tinue to pay a high price. That is what going to urge our colleagues to help us tion recently called the windfall profits is at stake with today’s vote. We prob- move this legislation, which is of such tax ‘‘a terrible idea today.’’ ably will not win, but we feel very com- great importance and consequence to Today, we consider real solutions to fortable giving the other side an oppor- the security of our people—we will ask our national problem. On May 1, I in- tunity to vote no again for the produc- them to help us move it forward. This troduced the American Energy Produc- tion of oil and gas that is American, by week is Police Week. Police Week goes tion Act of 2008. Obviously, if we had Americans, for America. back actually to 1962, when it was Democratic support and help we could With that, I yield the floor. named by President Kennedy. Since make it even better, but we had to do The ACTING PRESIDENT pro tem- that time, police officers have gathered this with Republicans, to lay before the pore. The Senator from Massachusetts to pay tribute to those members of the American people a fact: that there are is recognized. force who have lost their lives over the ways to produce more American oil and EMPLOYER-EMPLOYEE COOPERATION ACT period of the last year. It is a very im- natural gas without doing any real Mr. KENNEDY. Mr. President, I yield pressive ceremony for those who have harm to the American environment. I myself 5 minutes. not gone to it. I have on a number of

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Some 300,000 po- There being no objection, the mate- rels of oil the Department of Energy lice officers in 24 States will benefit rial was ordered to be printed in the has sought contracts for to go into from this bill and are in strong support RECORD, as follows: SPR, it would be more than the total of the legislation. We also see support U.S. SENATE, February 2008 imports from Libya, with regards to the firefighters: 134,000 Washington, DC, April 29, 2008. Syria, Kuwait, United Arab Emirates, firefighters in 24 different States will The PRESIDENT, Egypt, Azerbaijan, and China com- benefit. We have worked very closely The White House, bined. with them. These are the various Washington, DC. The amendment offered today would groups that support this legislation: DEAR MR. PRESIDENT: We write today to re- halt additional contributions to the quest that the U.S. Department of Energy The International Association of Fire- SPR for 180 days and ensure that these (DoE) immediately halt deposits of domestic resources could be utilized imme- fighters; Fraternal Order of Police; the crude oil into the U.S. Strategic Petroleum National Association of Police Organi- Reserve (SPR). As we enter the busiest driv- diately in the marketplace. In addi- zations; the International Union of Po- ing season of the year. the price of a barrel tion, we would open the grassy plains lice Associations; the American Fed- of West Texas Intermediate crude oil hovers of ANWR, which is unavailable for eration of State, County, and Munic- around a record $120. drilling today. The U.S. Geological ipal Employees; and the International The SPR was established in 1975 to provide Survey estimates there could be as Brotherhood of Teamsters. a supply of crude oil during times of severe much as 10 billion barrels of oil in supply disruptions. Today. The SPR contains So as I say, we will be ready to deal ANWR. This would be almost enough more than 701 million barrels of oil, exceed- oil to replace what we import from with this right after the caucuses that ing our International Energy Program com- we will have during the noon hour. mitments to maintain at least 90 days of oil Saudi Arabia every day. What would be This legislation will hopefully be be- stocks in reserve. drilled in ANWR isn’t near a forest or fore the Senate. We are hopeful now. High energy prices are having a ripple ef- a stream. It is a grassy plain. It is 2,000 This is a vote on the motion to pro- fect throughout the U.S. economy and exac- acres, about the size of National Air- ceed. We ought to at least have that erbating recessionary pressures. The Energy port, in an area of ANWR which is the opportunity to debate this issue, and Information Agency reports that supplies size of the State of South Carolina. So and inventories of crude oil and refined prod- drilling in this grassy plain would be we are hopeful we will receive the sup- ucts are above 2007 inventories while our de- port from both sides of the aisle so we environmentally safe, and it would mand for gasoline is down. Yet, the price of make America much more inde- can move forward and debate the issue. crude oil has skyrocketed 100% from last My time has expired and I yield the year’s levels which were just above $63 a bar- pendent, much more reliant on our- floor. rel in April 2007. Despite these economic re- selves and our resources for our energy The ACTING PRESIDENT pro tem- alities, the DoE recently solicited contracts needs—a place we need to go. pore. The Senator from Texas is recog- to exchange up to 13 million barrels of roy- Another area, the Outer Continental nized. alty oil from Federal leases in the Gulf of Shelf, could contain as much as 115 bil- Mrs. HUTCHISON. Mr. President, I Mexico for deposits in the SPR. lion barrels of oil. Some analysts blame geopolitical insta- Mr. President, I ask unanimous con- rise today to talk about the bill we are bility and disruption in production for the going to vote on starting at 11 o’clock. sent that I have 3 more minutes. rapid price increases; however, these factors The ACTING PRESIDENT pro tem- We have an amendment filed by the alone do not explain the extraordinary in- pore. Without objection, it is so or- distinguished Republican leader. The crease in oil prices compared to previous dered. Senator from New Mexico is the prime years, when these same challenges were Mrs. HUTCHISON. There could be 115 present. Temporarily halting deposits to the sponsor of this amendment. I commend billion barrels of oil in the Outer Conti- Senator DOMENICI for his continuing reserve can provide some relief because the increased supply of oil available for refine- nental Shelf. That is more than Ven- leadership in the energy arena. ezuela’s proven reserves of 80 billion In January of 2007, when control of ment will send the right signal to all markets that the U.S. Government will take barrels. Congress changed hands, the price of measures necessary to address exorbitant We need more refinement capacity. gasoline was $2.33 a gallon. Today, it is crude oil prices that negatively affect the This amendment encourages refine- $3.73 a gallon. That is a 60-percent in- global economy. We believe, in light of the ment expansion to alleviate supply crease, and it is going in that direction dramatic increase in oil prices, a temporary concerns with refined petroleum, which even further. halt to deposits into the SPR should be con- is gasoline. The reason for the record-high price sidered until the economy stabilizes. This amendment we are voting on I appreciate your attention to this matter is simple economics. The global de- today would not do much to bring down mand for energy has soared, especially and look forward to hearing back from you. Sincerely, the demand because, in fact, we can’t in fast-rising countries such as China Kay Bailey Hutchison, John Barrasso, control what China and India are de- and India. Meanwhile, the supply of en- Kit Bond, John E. Sununu, Johnny manding in oil and natural gas re- ergy has remained largely stagnant. Isakson, Orrin G. Hatch, Jeff Sessions, sources, but it can affect supply. That This is a simple, classic economic prin- Saxby Chambliss, Judd Gregg, John is what Congress has turned a blind eye ciple: The law of supply and demand. Cornyn, Lisa Murkowski, Elizabeth to doing. When the demand goes up and the sup- Dole, Sam Brownback, Susan Collins. All they talk about is a windfall prof- ply stays the same, the price goes up. Mrs. HUTCHISON. Mr. President, its tax on oil companies. We tried that Knowing that, the best way for Con- what we are asking the President to do once before and what happened? Jobs gress to reduce the price of energy is to is temporarily halt deposits of oil into went overseas. We had to import more increase the supply of energy. We need the SPR. Today, the SPR holds 118 from overseas, so we became more de- more American oil, more American days—almost 4 months—of reserve for pendent on foreign sources and we lost natural gas, more American clean coal, an emergency in this country. jobs for our country. The price would and we need more American nuclear I wish to stop now to ask unanimous not go down. It would just come from power. That is why I joined the rank- consent to be added as a cosponsor of foreign sources instead of ourselves. So ing member of the Energy Committee the Dorgan amendment No. 4737. let’s don’t talk about things that will to introduce the bill today that would The ACTING PRESIDENT pro tem- not help; let’s talk about supply, which do exactly that. pore. Without objection, it is so or- we can help by working together to in- First, the Strategic Petroleum Re- dered. crease our utilization of our own nat- serve. Two weeks ago, I wrote a letter Mrs. HUTCHISON. Because what the ural resources. to the President, signed by 13 Repub- Dorgan amendment does—and what is This year we will spend about $500 lican Senators. I noticed it was an- also included in our bill—is to ask for billion to import oil. All those dollars

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.005 S13MYPT1 smartinez on PROD1PC64 with SENATE S4052 CONGRESSIONAL RECORD — SENATE May 13, 2008 could stay in America, creating good putting oil underground. Is it a reason- A man who testified before the En- jobs in America and making us self-re- able thing to do to set oil aside under- ergy Committee, Mr. Gheit, a senior liant. If there is anything America ground? We have something called the energy analyst with Oppenheimer, said: stands for, it is the spirit of self-reli- Strategic Petroleum Reserve. Let me There is absolutely no shortage of oil, and ance, of knowing that if we are running show you what it is. This is what it I am absolutely convinced that oil prices into a crisis, if our economy is down, looks like. Instead of oil going into the should not be a dime above $55 a barrel. I call that we would be dependent on our- pipeline so you can convert gasoline to it the world’s largest gambling hall. It is selves because we have the resources to your automobile, it is going under- open 24/7. meet this demand. We have the re- ground. This is what the SPR looks The fact is, we have speculators, sources. Now we need the willpower. like. Here is where the SPR is being hedge funds, and investment banks We need the good old American spirit stored—at Bryan Mound, Big Hill, West that have never been in the futures to say we can prevail. We can reduce Hackberry, and Bayou Choctaw. market before and are in neck deep. prices. We can help the American fam- The SPR is 97 percent full. The ques- They are driving up prices that have ily get over the hump. We can do some- tion is this: With oil at $126 a barrel very little to do with the fundamentals thing by relying on ourselves. That is and gasoline around $4 a gallon or of supply and demand. Should we ig- what the amendment we are voting on more, and with the American consumer nore that and say that is OK? will do. being burned at the stake, why should Mr. President, I think I have con- I hope the American people will look its Government be carrying the wood? sumed 5 minutes. I ask unanimous con- at these votes. Do they want political Why should we be putting oil under- sent for 2 additional minutes. rhetoric, windfall profits taxes that ground at a time of record-high prices? The ACTING PRESIDENT pro tem- send jobs overseas or do they want real Who thinks it is smart to go out into pore. Without objection, it is so or- solutions short term, by not putting the marketplace and take oil that is dered. any oil in SPR right now and putting it that valuable and stick it underground Mr. DORGAN. Should we say that is on the market to start bringing that when it is having an impact of upward OK, let’s talk about other subjects? I price down and to let those who are pressure on oil prices? That makes no don’t think so. If you want to purchase hedging on commodities know America sense at all. stock on margin, you have to put up 50 is going to act. The best we can do for As I said, all three Presidential can- percent of the money. If you want to America to show those hedgers we are didates have said we ought to stop at control $100,000 worth of oil, the sub- going to act is to say we are going to this time. Eighty Senators have agreed ject of such speculation, all you need take the long-term steps. We are going with this decision. Somehow, the Presi- now is a margin requirement between to drill in our own areas that we con- dent and Vice President are insistent $5,000 and $7,000. It seems to me that trol. We are going to put jobs in Amer- that we continue to fill the SPR. the margin requirement ought to be in- ica. We are going to help the States get Look, there are a lot of other things creased to the point of wringing specu- their royalties if they want to drill off- happening. Number 1, we need more lators out of the system. We need a fu- shore. We are going to stand up and production. I was one of four Senators tures market for legitimate hedging say: This is America, and we will take who introduced the legislation, with and for liquidity. care of ourselves with our own natural Senator DOMENICI, that led to opening There are times when speculative resources. That is the vote today. Lease Sale 181 in the Gulf of Mexico. bubbles develop. In this case, the bub- I yield the floor. That is additional production, and I am ble driving up the price of oil and gaso- The ACTING PRESIDENT pro tem- proud that became law. It should have line at the pumps is damaging our pore. The Senator from North Dakota been broader, but it got narrowed economy. A lot of industries are suf- is recognized. through the legislative process. I have fering, including truckers and the air- Mr. DORGAN. Mr. President, I am a bill in to expand production in the lines. It is hurting a lot of American not going to speak so much about what Gulf of Mexico. families, and we can do something divides us. Today I wish to talk about Yes, we need additional production, about it. what would unify us with respect to conservation, efficiency, and renew- We have a couple different plans. the two energy plans. We are going to ables. We need all those things. We Let’s take the one common part of vote on an amendment that is a bill I have made progress in some of them. both plans, which is the amendment I offered back in February of this year Last year, we finally passed reformed offered as a bill in February, and pass that would stop putting oil under- CAFE. We increased CAFE standards 10 that today because that will make a ground. Some say that doesn’t mean miles per gallon in 10 years. That is a difference. Is it a giant step? Not at all. very much in terms of energy prices or historic achievement after 32 long Is it a step that is finally at long last that it would not accomplish a lot. years in this Congress. We set us on a in the right direction? It is. So instead We had testimony before the Senate course toward renewables. of getting the worst, let’s try to get the Energy Committee by economists and There are short-term, intermediate, best of both sides and say this we agree an energy expert. Dr. Verleger testified and long-term solutions. John Maynard on, this we can do. that what’s coming from the Gulf of Keynes says that in the long run we are My hope is that at the end of today, Mexico is sweet light crude, the most all dead. How about the short term? at least this Congress will have said to valuable subset of oil. Despite the fact How about today? I know where there the President and Vice President: Stop that it is a small percentage of the oil is 70,000 barrels of oil, including sweet doing what you are doing. The last usage, it could have as much as a 10- light crude, that could go into the gas thing in the world we ought to do is percent impact on the price of sweet pumps and into cars and put downward put upward pressure on gas and oil light crude. I don’t think we should un- pressure on gas prices. I know how we prices. We ought to put downward pres- derestimate the significance of this can take action and so do my col- sure on that, and we can do that today proposal. At a time when oil prices are leagues. At least we can agree on that with one single vote. bouncing up in record highs, with oil piece of legislation today. I yield the floor. prices at $120, $124, and $126 a barrel, we Here is another point. There is unbe- The ACTING PRESIDENT pro tem- have speculators playing their fiddle. lievable speculation in the commod- pore. The Senator from New Mexico is The oil prices dance up into the strato- ities market. It is interesting. Let me recognized. sphere; the economy is damaged; con- give you a couple of charts that show Mr. DOMENICI. Mr. President, I say sumers get injured; and industries are this. The senior vice president of to my friend, Senator DORGAN, I have going belly up. ExxonMobil said last month: changed my mind about the SPR bill. I The question at this time is, what The price of oil should be about $50 or $55 think he knows that. People wonder unites us here? I will tell you one thing per barrel. about changing your mind. A lot of we can agree on. There are at least 80 Mr. Cazalot, the CEO of Marathon, people change their mind. I changed Senators who have expressed them- said: mine because of the real price of oil selves, including all three Presidential $100 oil isn’t justified by the physical de- and because I do believe we are not candidates. They have said let’s stop mand in the marketplace. going to harm our strategic reserve by

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Senator DORGAN That is a million barrels we would not REID, with regard to suspending the has never said that. But it would not. I need to purchase from South American filling of the Strategic Petroleum Re- will answer some of the remaining dictators, or a million barrels from serve for the balance of this year. questions when I wrap up. countries who are friendly to those I will be voting against the first I yield the floor. who wish to destroy the United States. amendment and voting for the second The ACTING PRESIDENT pro tem- What will Americans say about this amendment. I hope my colleagues will pore. The Senator from Wyoming is vote 10 years from now? Will they say: do so as well. Let me give the reasons recognized. Better late than never, because we why I think we should vote against the Mr. ENZI. Mr. President, last week- passed the American Energy Produc- Republican leader’s amendment. end, when I traveled around Wyoming, tion Act, or will they say: You just First, the Republican leader’s amend- it was clear that high energy prices didn’t get it and now look at us suffer ment doesn’t do anything to deal with were on everyone’s mind. It is a trend for it. The American Energy Produc- the issue of speculation in oil markets. I have noticed each and every summer tion Act recognizes also that coal is We have had testimony repeatedly be- for the past several years. Each year, our Nation’s most abundant energy fore our Senate Energy Committee our constituents ask us to do some- source. It recognizes American inge- that speculation in these markets is a thing to address energy prices. While nuity. It recognizes that coal has been significant factor contributing to the we talk and talk about what we are turned into diesel fuel for half a cen- $126-per-barrel price of oil we are see- doing, rarely do we take any meaning- tury, and it encourages the building of ing today. So if someone is concerned— ful action. coal-to-diesel facilities in the United as all of us are—about energy, con- It is a little different this year be- States. The United States is the sumers, and the burden that is being cause Americans are seeing record ‘‘Saudi Arabia of coal.’’ Wyoming is place upon them, then dampening spec- prices at the pump. Those voices say- the leading coal producer in the United ulation in these markets should be ing ‘‘get to work on this problem’’ are States. It makes sense that we use high on our list of work to be done. It more numerous. They are louder. Will America’s most abundant energy is not in the Republican leader’s the anguished calls for help make it source at a time when we all agree we amendment. through the thick and, thus far, shut are too dependent upon foreign energy Of course, the amendment he pro- doors of Congress? Americans are sources. poses also doesn’t do anything with re- caught in a tight spot. Some are ask- The amendment also includes a num- gard to the weakening of the U.S. dol- ing: How can I put food on the table ber of important provisions that will lar, anything with our fiscal policies. when I cannot afford the gas it takes help Wyoming and the Nation. The Yesterday, I went into a discussion me to get to work? On top of that, the amendment repeals the mineral roy- about how that is contributing to the food is more expensive because of the alty theft that was included in the fis- increase in the price of oil. I think fuel it takes to produce and ship it. cal year 2008 Omnibus appropriations most economists would agree with No one in this Chamber has all the bill. It allows development of oil shale that. answers. No, but we can do something. to move forward. The second reason I would oppose the We can act. We can help. The question I support the idea of developing more Republican leader’s amendment is that for me and my colleagues in the Senate alternative energy, the use of wind en- it misses the boat on how to promote is, will we? We have the opportunity to ergy, and the development of better more supply. The argument being used do so today. We have the opportunity solar energy technologies. As my con- is the assumption within the amend- to vote for an amendment that pro- stituents can tell you, Wyoming is an ment that the way to promote more vides short-term relief and, at the same especially good State for wind, and we supply is we need to open more areas time, helps address the long-term have high solar potential as well. While for drilling. And particularly we need issues that got us into this situation. I we need to develop these technologies to open the east coast of the United am a cosponsor of the McConnell- for the long term, we need all the en- States for drilling offshore on the Domenici amendment, known as the ergy we can get. Outer Continental Shelf, we need to American Energy Production Act of We need more domestically produced open the west coast offshore on the 2008, because it is a responsible way to oil, more wind energy, more domestic Outer Continental Shelf, and we need address the need to produce more do- natural gas, more solar energy, more to open a portion of ANWR, the Arctic mestic energy and to reduce energy nuclear energy, and we definitely will National Wildlife Refuge. prices. need more clean coal energy. As I say, I think it misses the key The energy situation we are in has Our Nation’s energy policy is hap- issue in that we are opening additional been a long time in the making, and we hazard, broken, and it threatens to areas for drilling at a pretty rapid rate are not going to fix it overnight. We break our country. We need to make in the onshore areas of the United don’t have enough domestic energy to meaningful changes to that policy, and States where oil and gas production oc- meet our Nation’s energy demands, but voting in favor of the American Energy curs and in the offshore areas. But ad- the American Energy Production Act Production Act is the first step in the ditional leases by themselves are not would help change that. It opens an im- right direction. I hope my colleagues going to make a difference to con- portant sliver of the Arctic National will recognize the need to take this sumers either in the near term or the Wildlife Refuge, ANWR, to environ- step and support the McConnell- medium term. What we need to be fo- mentally conscious leasing and allows Domenici amendment. cused on is how we can promote more for more production from the Outer I yield the floor. diligent development. Nearly three- Continental Shelf, with consent of the The ACTING PRESIDENT pro tem- quarters of what we have leased domes- State. Doing so will help the United pore. The Senator from New Mexico is tically onshore is not now being pro- States produce more of its own energy. recognized. duced. A little over three-quarters of Instead of sitting at the trough of for- Mr. BINGAMAN. Mr. President, let what we have leased offshore is not eign oil barons with our hands out beg- me take up to 5 minutes at this point. being produced, and that is what we ging, Americans will produce more If the Chair will advise me when that 5 should be concentrating on—how do we American energy. minutes has been used, I would appre- build in incentives for actual produc- Later today, I expect to see support ciate it. tion in areas we have, in fact, leased. for the Dorgan amendment to suspend We have two votes coming up related Finally, with respect to future lease filling of the Strategic Petroleum Re- to energy. The first is on the McCon- sales, the Republican leader’s amend- serve. If you are worried about roughly nell amendment, which is a compila- ment leaves out the most promising

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.016 S13MYPT1 smartinez on PROD1PC64 with SENATE S4054 CONGRESSIONAL RECORD — SENATE May 13, 2008 area, and that is the area in the gulf The Governor has to say: Yes, we want Mr. President, our Nation faces coast, particularly the area we have this activity off our waters. And sec- record-high energy prices affecting al- still not opened in the original lease ondly, that host State in return would most every aspect of daily life. The sale 181 area of the gulf coast. This is get significant revenue sharing, ex- prices of gasoline, home heating oil, something we clearly should be ad- actly the same revenue sharing we and diesel are creating tremendous dressing as well. passed a few years ago, 37.5 percent to hardships for American families, As I say, the second vote is going to go to the host State to meet its envi- truckers, and small businesses. High be on the proposal to suspend the fill- ronmental or educational or highway energy prices are a major cause of the ing of the Strategic Petroleum Re- or other needs. That is sound policy. economic downturn. Last week, crude serve. A version of that is in the Re- We passed that policy for new areas of oil was trading at over $120 per barrel. publican leader’s amendment, as well the gulf that were opening. We need to The administration’s decision to fill as being proposed by Senator REID. I expand on that policy to dramatically the SPR when oil prices are so high de- hope we will get a very strong bipar- increase our domestic energy produc- fies common sense. In 2005, the Senator tisan vote for that provision. tion, and we can do that safely and in from Michigan, Mr. LEVIN, and I joined I do think it is prudent to turn down an environmentally friendly way. forces on a bipartisan amendment di- this compilation of various energy-re- There is much the McConnell- recting the Department of Energy to lated provisions that has been put for- Domenici amendment does that is better manage the Reserve by requir- ward by the Republican leader with the needed as well, but I wanted to high- ing the Department to avoid purchases claim that it is going to bring down the light that point because it is so abso- when prices are high so as not to drive price of gas. It simply will not. lutely crucial and important. It builds up prices further by taking oil off the Mr. President, I yield the floor. on good policy we set a few years ago. market. I don’t believe the Department The ACTING PRESIDENT pro tem- It expands on that precedent, and I be- of Energy is abiding by this law. If it pore. The Senator from Louisiana. lieve expanding on that precedent can were, the Department would not be Mr. VITTER. Mr. President, I rise significantly increase our domestic en- making purchases while prices are so today in strong support of the McCon- ergy resources in this country. high. nell-Domenici amendment because it Do we need to do other things? Abso- It simply does not make sense for the does what we need to do to address this lutely. Do we need to act on the de- Department of Energy to be purchasing real crisis in our country—crippling en- mand side further? Absolutely. This oil for the Reserve at a time when oil ergy prices, rising energy prices that isn’t brain surgery. Economics 101 tells prices exceed $120 per barrel. The Fed- hit the pocketbook of every Louisiana us that price has to do with two lines eral Government is taking oil off the family I represent and every American on a graph: the demand line and the market and thus driving up prices at a family, that is causing grave concern supply line. We need to mitigate, bring time when consumers are struggling to about our economic future. down demand, and we need to increase pay their fuel bills. I am afraid what we heard from the supply. I am for any reasonable policy If the administration stopped pur- distinguished Senator from New Mex- that does those two things. On the de- chasing oil for the SPR, the Energy In- ico just now is more of the same ex- mand side, conservation, greater effi- formation Administration has esti- cuses we have heard for a couple of ciency, new sources and forms of en- mated that the impact on gas prices years now: why we can’t do this, can’t ergy—absolutely. would be between 4 and 5 cents a gal- do that, and can’t act in general. What I am going to agree with Senator lon. Other experts believe it is consid- has that inaction, that paralysis, those DORGAN and vote for his amendment erably higher. At a hearing before the excuses all led to? I will tell you what regarding the Strategic Petroleum Re- Permanent Subcommittee on Inves- it has led to. It has led to soaring en- serve. Like Senator DOMENICI, I have tigations in December, one energy ex- ergy prices. In January 2007, when this changed my mind on that issue because pert, Philip Verleger, said, ‘‘DOE’s ac- Democratic Congress took office, the the increases in price at the pump have tions added between 5 and 20 percent to average price of a gallon of gas was gotten so dramatic and so outrageous. the price of oil.’’ It is a bad deal for $2.33 at the pump. Today, it is $3.72—a So that can mitigate demand increases taxpayers for the Department of En- 60-percent increase. That is what those as well. ergy to be purchasing oil when prices excuses, that is what that inaction has But as we make all of those efforts are so high. led to. on the demand side—and we need to do There are other short-term steps we We need to do a number of things more—we cannot constantly ignore the must take to address the energy cri- across the board on the demand side supply side, particularly the domestic sis—for example, regulating energy fu- and on the supply side. This Domenici- supply side. That is exactly what this tures markets and repealing tax breaks McConnell amendment includes all of Congress has done for the last 2 years. for major oil companies—but sus- those. Does it include every one of Mr. President, $2.33 price at the pump pending filling the SPR is a key step them? No. No single proposal is ever then; $3.72 price at the pump today. that I hope we approve tomorrow. going to include every good idea out Let’s act, and let’s act now. In the long term, our challenge to ad- there that we probably need to act on, I yield the floor. dress energy prices is, of course, to re- but it includes a lot on which we need Ms. COLLINS. Mr. President, I wish duce our reliance on imported oil. We to act. today to support the amendment of- need to pursue the goal of energy inde- I want to focus on one part of the fered by the Senator from Nevada, Mr. pendence just as fervently as the Na- amendment in particular of which I am REID. It embodies a policy change that tion embraced President Kennedy’s very supportive, and that is opening I have advocated for many months. In goal in 1961 of putting a man on the more of our Outer Continental Shelf to January, I wrote to the Secretary of Moon. Energy independence, stable en- exploration and production. Energy and urged the administration ergy costs, and environmental steward- I believe one of the most important to stop filling the SPR while oil prices ship are goals that are within our things in energy policy that we have are so high. The Reid amendment reach. I urge my colleagues to get us done since the short time I have been would suspend acquisition for the Stra- started on the effort by supporting this in the Senate is to open new parts of tegic Petroleum Reserve, SPR, until proposal to suspend filling the Stra- the Gulf of Mexico with revenue shar- the end of the year or until the price of tegic Petroleum Reserve. ing. This provision in the Domenici- a barrel of oil goes below $75. Mr. DORGAN. Mr. President, how McConnell amendment will expand on The SPR is an emergency stockpile much time remains on each side? that precedent. It would say we can and an essential safeguard against The ACTING PRESIDENT pro tem- open areas of the Atlantic and the Pa- major disruptions in global oil mar- pore. The majority has 6 minutes 18 cific, but with two very important ca- kets. However, the SPR already con- seconds. The Senator has 7 minutes re- veats, both of which are great policy. tains nearly 700 million barrels of oil, maining. First of all, the host State, the State 97 percent of its current storage capac- Mr. DOMENICI. Mr. President, as I off which the activity would occur, has ity. This is more than sufficient to understand it, the other side is going to want the activity, has to agree to it. meet a crisis. to have only one speaker to use their

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.007 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4055 time. I am trying to find the Senator Mr. CORNYN. Mr. President, one think the American consumers would from Texas. He wanted to speak. Let thing has been accomplished by the de- be the beneficiary of that. I urge my me take a couple of minutes. If he gets bate leading up to this morning’s vote; colleagues to vote for the amendment. here, I will yield the floor as soon as he that is, Congress finally—finally—has I yield the floor. arrives. acknowledged the existence of the law The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- of supply and demand. If we look at pore. Time has expired. pore. The Senator from New Mexico. these two votes we are going to have The Senator from North Dakota has 6 Mr. DOMENICI. Mr. President, first, this morning, first is the McConnell- minutes remaining. I wish to say that my good friend, my Domenici amendment, of which I am Mr. DORGAN. Mr. President, let me fellow Senator from New Mexico spoke proud to be a cosponsor, which would conclude with a couple of thoughts. about speculation in this oil market. produce, if implemented, potentially First of all, my colleague from New There may be some. We heard testi- up to 3 million additional barrels of oil Mexico described the issues of specula- mony there may be. So everybody a day from the United States of Amer- tion a bit. We do, in fact, in our larger knows, there is nothing before the Sen- ica—3 million—making us less depend- proposal that we announced last week, ate that the Democrats propose regard- ent on imported oil from some of our have a provision dealing with specula- ing speculation. They just have a one- Nation’s enemies, countries such as tion. And it is important that we do shot bill, and it is pretty good, but it is Iran and Venezuela that are part of that because speculation is part of not an energy policy. Probably most of OPEC, the Organization of Petroleum what is driving these prices. I showed us are going to vote for it. That is what Exporting Countries. comments from executives of some of Senator DORGAN proposed. Alternatively, our friends on the the largest oil companies in this coun- As I indicated, I changed my mind. If other side of the aisle have proposed— try that said there is no justification people are wondering about that, I was and I will vote for it—a temporary sus- for the current price given supply and reading about economic history, and I pension of putting oil into the Stra- demand. read where John Maynard Keynes, the tegic Petroleum Reserve. But how They said the price of oil should not great economist, was asked: Why did much does that represent? It rep- be much above $50, $60, $70 a barrel. So you change your mind? He said: When resents 70,000 barrels of oil that would what is happening? Well, let me come the facts change, I change my mind. not be put in the Strategic Petroleum to that in a moment. Let me say, first That is what happened here with ref- Reserve and would be available on the of all, my hope is that today, here on erence to SPR. The facts changed, and open market as an additional supply of the floor of the Senate, we will decide I changed my mind. oil, which is then available to be re- to do some good things. The good Senator from New Mexico, fined into gasoline. I suspect it will Now, how do you do good things? You my colleague, also said we have a big have some modest impact on the price try to find areas of common interest problem with the weakening of the dol- of gasoline at the pump, maybe 3 to 5 and legislate moving ahead where you lar. I hope he doesn’t intend to imply cents a gallon. But if we think 70,000 can. That is what Senator REID has by that, when we find we can strength- barrels of additional oil into the open suggested in the underlying amend- en the dollar, then we will solve the en- market will be beneficial in terms of ment that we will vote on dealing with ergy problem. I don’t know that we bringing down the price of gasoline, stopping and halting the putting of oil know how to do that one any quicker how much more beneficial would it be underground in the Strategic Petro- than we do the energy crisis. I don’t to have 3 million additional barrels of leum Reserve. This is something I in- think that would accomplish anything. oil produced from our country out on troduced in the Senate back in Feb- We have a lot going on in the gulf, so the open market available for refining ruary. we said let’s let those continue. That is into gasoline to help bring down the Now, as I said before, when the Amer- what the Domenici bill says. But we price of gas at the pump? ican consumer is being burned at the say the rest of the offshore around I am pleased that our colleagues have stake by high gas prices, its Govern- America—and incidentally, there is recognized the importance of the law of ment ought not be carrying the wood. I probably more than any of us know in supply and demand, something Con- mean, it is that simple. We can do offshore America. We probably would gress has turned a blind eye to for lo something about this. send such a big signal to the world if these many years as we put so much of We are talking about 70,000 barrels a we decided to move on that. That alone America’s natural resources out of day, 70,000 barrels every single day of would have a positive impact. bounds when it comes to developing sweet light crude that we are taking In addition, the bill before the Senate those resources, and, of course, we off the market. Dr. Philip Verleger, an does a lot in a number of areas that know what the consequences of that economist and energy analyst, testified have not been talked about very much. have been, with $3.71 average price for before the Energy Committee on the It would cause the world to take an- gasoline in America today and the effects of such a move. He said al- other look and to say: America is seri- price of oil on the spot market bounc- though it is only three-tenths of a per- ous, they are really going to do some- ing up around $125 a barrel. cent of usage, because it is sweet light thing about their energy problems. I don’t know whether this amend- crude, the most valuable subset of oil, Mr. President, I now yield the re- ment, of which I am proud to be a co- it could have up to as much as a 10-per- mainder of the time to the Senator sponsor, could produce ultimately 3 cent effect on the price of oil. from Texas. million new barrels of American oil So it seems to me what we do is, do The ACTING PRESIDENT pro tem- each day. I don’t know whether it will what the Republicans and Democrats pore. The Senator from Texas. Mr. CORNYN. Mr. President, I ask get the requisite 60 votes. But if it does have now generally come together to unanimous consent to speak for up to 5 not, when gasoline is $3.71 a gallon and say we should do, and say to the Presi- minutes. oil is $125 a barrel, I wonder if the same dent: Look, you cannot put 70,000 bar- The ACTING PRESIDENT pro tem- vote, if we have it again when gasoline rels of oil underground every day. You pore. Is there objection? is $4 a gallon and oil is $150 a barrel or cannot do that. The Strategic Petro- Mr. DORGAN. Mr. President, I am re- when gasoline is $4.50 a gallon and the leum Reserve is 97 percent filled, 97 quired by our leadership to object be- price of oil is even higher, at what percent. cause they want to get the vote off on point the Congress, the Senate is going Now, oil is $120, $126 a barrel; gas is the time predetermined. I apologize for to listen to the American people and going to $4 a gallon. Let me describe that, but that is what I am required to say: We need some help; we need some the situation we all understand that we do. relief. face on this planet of ours. We stick The ACTING PRESIDENT pro tem- Now that Congress has acknowledged straws in the planet and suck oil out. pore. Objection is heard. the importance of additional supply in We suck out 85 million barrels every Mr. CORNYN. Mr. President, how terms of bringing down the price at the day. We are required to use one-fourth much time remains? pump, ultimately it is my hope our col- of that in this little spot of geography The ACTING PRESIDENT pro tem- leagues will vote, at least 60 of us, for on the planet called the United States pore. Four minutes. the Domenici-McConnell amendment. I of America.

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.009 S13MYPT1 smartinez on PROD1PC64 with SENATE S4056 CONGRESSIONAL RECORD — SENATE May 13, 2008 Let me say that again. We take 85 lowing this vote, we will see that both with procedures of the Department of Energy million barrels a day, and we need one- parties can contribute to something in effect on the date of enactment of this Act fourth of it to be used in the United when we agree on it. I think this will for deferrals of oil. States. Now, 60 percent of that which be a good day to put downward pres- AMENDMENT NO. 4720 we use comes from outside of our coun- sure on gas prices. The ACTING PRESIDENT pro tem- try. That holds us hostage to others. AMENDMENT NO. 4737 pore. There now will be 2 minutes of And 70 percent of the oil we use in this Mr. President, I call up amendment debate equally divided prior to a vote country is used to fuel vehicles. So ve- No. 4737. on amendment No. 4720. hicles are an important part of this The ACTING PRESIDENT pro tem- Mr. DOMENICI. That means 1 minute issue. I am proud to say this Congress, pore. The clerk will report the amend- each? with this majority and some minority ment. The ACTING PRESIDENT pro tem- help, has passed for the first time in 32 Mr. DOMENICI. Do we not have 1 pore. Correct. years an increase of 10 miles per gallon minute left on each side? The amend- Mr. DOMENICI. On behalf of the in the next 10 years of CAFE standards. ment is not in order while time re- amendment, I wish to say whoever is This will lead to better automobile ef- mains. interested in what is going on today ficiency and better gas mileage. The ACTING PRESIDENT pro tem- should know that Democrats speak of We made some progress in other pore. The amendment is simply being doing other things to bring the price areas. We opened production in Lease reported. We will have 2 minutes equal- down, but the only thing we are really 181 in the Gulf of Mexico where there ly divided. doing is the amendment of the Senator are substantial reserves. We made The clerk will report the amendment. from North Dakota on SPR. We all progress in the biofuels ethanol stand- The legislative clerk read as follows: agree with that. That is a temporary 7-month deferral ards and renewable fuels standards. We The Senator from North Dakota [Mr. DOR- have made some progress on all of GAN], for Mr. REID, for himself and Mr. DOR- of purchases. Clearly, if it does any- those issues, but we have people com- GAN, Mr. BINGAMAN, Mrs. BOXER, Mr. LEVIN, thing, it will be extremely temporary. ing to the floor today to say: Well, gas Ms. STABENOW, Mr. LEAHY, Mr. SCHUMER, Mr. All of the other things that are spoken is $4 a gallon. Let’s open ANWR. That BROWN, Mr. SANDERS, Mr. DURBIN, Mr. about, none of them are in this bill, means we get oil in 10 years. KERRY, Mr. MENENDEZ, Mr. SALAZAR, Ms. whether it has to do with fraud, specu- As John Maynard Keynes said, in the LANDRIEU, Mr. CARPER, Mr. INOUYE, Mr. LAU- lation, or whatever. TENBERG, Mr. REED, Mr. HARKIN, Mr. DOMEN- On our side we have at least said: long run we are all dead. What can we ICI, and Mrs. HUTCHISON, proposes an amend- do in the short term? At least today, ment numbered 4737 to amendment No. 4707. Let’s start coal to liquid, a great on Tuesday, we can at least do what we American resource. Let’s start offshore Mr. DORGAN. Mr. President, I ask around America. Let’s start on ANWR. both believe—that is, what the minor- unanimous consent that the reading of ity and majority believe is appro- Let’s start moving on oil shale. Let’s the amendment be dispensed with. accelerate battery research, which will priate—and that is stop putting oil un- The ACTING PRESIDENT pro tem- move us toward automobiles that can derground and put some downward pore. Without objection, it is so or- plug in, which will be a big American pressure on gas prices and oil prices. dered. boon. Give the consumer an opportunity to The amendment is as follows: see some decent prices. So there are lots of pluses. There is a (Purpose: To increase the supply and lower This speculation in the futures mar- lot of rhetoric. And there is one amend- the cost of petroleum by temporarily sus- ment that the Democrats offer that we ket is speculation that is driving up pending the acquisition of petroleum for prices. We want to do something about the Strategic Petroleum Reserve) agree upon. I believe those people in- that as well. But at least today we At the appropriate place, insert the fol- terested in production should vote for have one common theme; we can in- lowing: the Domenici amendment and tell the crease supply by 70,000 barrels a day of SEC. ll. SUSPENSION OF PETROLEUM ACQUISI- American people the truth: We can sweet light crude. Instead of it going TION FOR STRATEGIC PETROLEUM produce in America and put pressure into the supply that comes through the RESERVE. on the world markets and reduce the pump into the cars, which puts down- (a) IN GENERAL.—Except as provided in price of oil. ward pressure on gasoline, it is now subsection (b) and notwithstanding any I yield the floor. other provision of law, during the period be- The ACTING PRESIDENT pro tem- going underground, underground in the ginning on the date of enactment of this Act Strategic Petroleum Reserve. It makes and ending on December 31, 2008— pore. The Senator from New Mexico. no sense at all. (1) the Secretary of the Interior shall sus- Mr. BINGAMAN. Mr. President, I So I am saying: Let’s stop doing bad pend acquisition of petroleum for the Stra- urge Senators to vote against the things and let’s start doing good tegic Petroleum Reserve through the roy- McConnell amendment. It is a compila- things. We can start by taking the first alty-in-kind program; and tion of various proposals. The main step in doing that today. (2) the Secretary of Energy shall suspend thrust of it is to try to lease more Fed- Mr. President, how much time re- acquisition of petroleum for the Strategic eral land. People should understand mains? Petroleum Reserve through any other acqui- that we have been leasing a great deal sition method. The ACTING PRESIDENT pro tem- of Federal land onshore. That pie chart (b) RESUMPTION.—Not earlier than 30 days pore. There remains 1 minute 20 sec- after the date on which the President noti- on the left is offshore, and the Outer onds. fies Congress that the President has deter- Continental Shelf, that is the pie chart Mr. DORGAN. Let me make one addi- mined that the weighted average price of pe- on the right. tional point, if I can. It does not relate troleum in the United States for the most re- We currently have 31 million acres of specifically to this amendment, but cent 90-day period is $75 or less per barrel— land that is leased and is not pro- this issue of the free market. You have (1) the Secretary of the Interior may reducing. What we need to do is to get an OPEC cartel behind closed doors. sume acquisition of petroleum for the Stra- diligent in the development of these You have oil companies that are bigger tegic Petroleum Reserve through the roy- areas that are already leased. alty-in-kind program; and through mergers. You have a futures (2) the Secretary of Energy may resume ac- Offshore, the same thing; the Outer market that is now rife with specula- quisition of petroleum for the Strategic Pe- Continental Shelf has 33 million acres tion. There is no free market. So the troleum Reserve through any other acquisi- that are not producing. So this amend- American people deserve, it seems to tion method. ment is a compilation of energy-re- me, a Congress that will stand up and (c) EXISTING CONTRACTS.—In the case of lated provisions that are put into the take some steps to put some downward any oil scheduled to be delivered to the Stra- McConnell amendment. It is not going pressure on gasoline prices. tegic Petroleum Reserve pursuant to a con- to bring down the price of gas at the That is a step we can take today. It tract entered into by the Secretary of En- pump. ergy prior to, and in effect on, the date of en- is a step that is not a giant step, but it actment of this Act, the Secretary shall, to I urge Senators to oppose it and then is a step in the right direction that will the maximum extent practicable, negotiate to support the second vote on the pro- put downward pressure on gas prices. It a deferral of the delivery of the oil for a pe- posal to suspend the filling of the Stra- will help this country. My hope is, fol- riod of not less than 1 year, in accordance tegic Petroleum Reserve.

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.017 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4057 I yield the floor. though it is a small part of our oil gasoline. Even the DOE agrees with The ACTING PRESIDENT pro tem- usage, this subset of oil—the 70,000 bar- this basic economic principle. Mr. Guy pore. The question is on agreeing to rels a day put underground—could have Caruso, the head of the DOE’s Energy amendment No. 4720. an impact of up to 10 percent of the Information Administration, testified Mr. BINGAMAN. Mr. President, I ask price of oil. I am not suggesting this to the Congress earlier this year that for the yeas and nays. does everything, but it is a step in the an SPR fill of 100,000 barrels per day The ACTING PRESIDENT pro tem- right direction. would add about $2 per barrel to the pore. Is there a sufficient second? As I said earlier, when the American price of oil. Last December, Dr. Philip There appears to be a sufficient sec- consumer is being burned at the stake Verleger testified that the SPR fill was ond. by energy prices, the Government adding about $10 per barrel to the price The clerk will call the roll. ought not be carrying the wood. Stick- of crude oil. Economists may disagree The legislative clerk called the roll. ing oil underground is wrong at this on the amount of the increase, but now Mr. KYL. The following Senators are point in time, and this amendment there should be no doubt that the DOE necessarily absent: the Senator from simply says: Stop it. Halt it. is increasing the price of oil by filling Oklahoma (Mr. INHOFE) and the Sen- Mr. LEVIN. Mr. President, I support the SPR at this time. The DOE ac- ator from Arizona (Mr. MCCAIN). the amendment to stop deliveries of oil knowledges this. The DOE should be The ACTING PRESIDENT pro tem- into the Strategic Petroleum Reserve, working to lower oil prices, not helping pore. Are there any other Senators in SPR. to boost them to record highs. the Chamber desiring to vote? Crude oil prices reached a record high DOE says the amount of oil it is put- The result was announced—yeas 42, recently of $126 per barrel, leading to ting into the SPR is insignificant com- nays 56, as follows: record highs in the price of other fuels pared to total global supply. This is the wrong comparison. The amount of oil [Rollcall Vote No. 123 Leg.] produced from crude oil, including gasoline, heating oil, diesel fuel, and jet DOE is putting into the SPR represents YEAS—42 a significant marginal increase in the Alexander Crapo Lugar fuel. With prices going through the roof, it is the wrong time for the De- demand for oil. When supply and de- Allard DeMint McConnell mand are closely balanced, a marginal Barrasso Domenici Murkowski partment of Energy, DOE, to take mil- Bennett Ensign Roberts lions of barrels of high-priced oil off increase in demand can have a very Bond Enzi Sessions large impact on price. This is precisely the market and put it into the SPR. In- Brownback Graham Shelby the situation we are in today. Supply Bunning Grassley Specter stead of reducing supplies by taking oil and demand are very closely balanced. Burr Gregg Stevens off the market and increasing the price Adding a demand of millions of barrels Chambliss Hagel Sununu of oil, the DOE should be looking for Coburn Hatch Thune of oil over a period of several months Cochran Hutchison Vitter ways to decrease the price of oil. One can have a very significant impact on Corker Isakson Voinovich step is a moratorium on filling the the amount of oil on the market or in Cornyn Kyl Warner SPR until oil prices are lower. Craig Landrieu Wicker inventories. In a tight market, taking Unfortunately, the DOE is contrib- millions of barrels off the market can NAYS—56 uting to the current price spike by fill- indeed have a major impact upon oil Akaka Durbin Murray ing the SPR regardless of the cost of prices. Baucus Feingold Nelson (FL) crude oil or the petroleum products Bayh When the DOE fills the SPR it does Feinstein Nelson (NE) that are refined from crude oil. Biden Harkin Obama not have to actually purchase any Bingaman Inouye Pryor There are three major problems with crude oil. Instead, the DOE takes oil Boxer Johnson Reed the DOE’s insistence on putting high- Brown Kennedy that is paid to the Federal Government Reid priced oil into the SPR. First, by plac- as royalties for oil produced by private Byrd Kerry Rockefeller Cantwell Klobuchar ing oil into the SPR the DOE is reduc- Salazar oil companies on offshore oil leases in Cardin Kohl ing the supply of crude oil and putting Sanders the Gulf of Mexico and trades it back Carper Lautenberg Schumer upward pressure on the price of oil. Casey Leahy to private oil companies for oil that is Clinton Levin Smith Second, by placing very expensive then placed into the SPR. Thus, the Coleman Lieberman Snowe crude oil into the SPR, the DOE is sig- DOE’s program to acquire oil for the Stabenow Collins Lincoln nificantly increasing the cost of the SPR does not require any Federal ap- Conrad Martinez Tester SPR program to the taxpayers. Third, Dodd McCaskill Webb propriations. But that doesn’t mean Dole Menendez Whitehouse the DOE’s approach runs counter to the the program doesn’t cost the taxpayers Dorgan Mikulski Wyden direction provided by the Congress in any money. In fact, the opposite is NOT VOTING—2 the Energy Policy Act of 2005, which true—the SPR program costs the tax- requires the DOE to fill in the SPR in Inhofe McCain payers a lot of money. The higher the a manner that minimizes the impact price of oil, the more it costs the tax- The ACTING PRESIDENT pro tem- upon prices and the costs to the taxpayers. This is because instead of sell- pore. Under the previous order, requir- payers. ing the royalty oil on the open market ing 60 votes for adoption of this amend- The DOE is currently taking about at whatever the market price of oil is, ment, the amendment is withdrawn. 70,000 barrels per day of crude oil off recently as much as $126 a barrel, the AMENDMENT NO. 4737 the market and putting it into the DOE is taking that oil off the market, There are now 2 minutes, equally di- SPR. For the first half of 2008, this will trading it for oil that meets the speci- vided, prior to a vote on the Reid total to about 10 million barrels of fications of oil for the SPR, and leav- amendment. crude oil. This is reducing our inven- ing taxpayers without the revenue that Who yields time? tories of crude oil and refined products, would be created by selling tens of mil- The Senator from North Dakota. such as gasoline, just at a time when lions of barrels of oil. In essence, the Mr. DORGAN. Mr. President, let me our refineries need to be running at taxpayers are paying the market price take the 1 minute. maximum to make gasoline for the of oil for each barrel of oil placed into This is a piece of legislation I intro- spring and summer driving seasons. the SPR. duced in February of this year. The The DOE also has asked for bids for an- A moratorium on filling the SPR Strategic Petroleum Reserve is 97 per- other 6-month program to fill the SPR, until prices are lower would save the cent filled. We have oil and gas prices beginning later this year. If the DOE is taxpayers money. If the DOE were to going through the roof in this country. permitted to continue with this pro- acquire SPR oil at $75 per barrel in- We are putting 70,000 barrels of oil un- gram, it will take millions more bar- stead of $125 per barrel, it would save derground every day. It is a subset of rels of oil off the market beginning $50 per barrel. For 10 million barrels, the most valuable kind of oil: Sweet sometime later this year. that would add up to $500 million. De- light crude, coming from the Gulf of Under the basic economic principle of laying the filling of the SPR would not Mexico. supply and demand, reducing the sup- affect or harm our national security or We heard testimony before the Sen- ply of crude oil available to U.S. refin- our energy security. The SPR is cur- ate Energy Committee that even eries will increase the price of oil and rently about 97 percent full, with

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.018 S13MYPT1 smartinez on PROD1PC64 with SENATE S4058 CONGRESSIONAL RECORD — SENATE May 13, 2008 slightly more than 700 million barrels gued that the old policy followed good increase oil supplies and reduce prices. of oil. This amount of oil is large business judgment and the new policy The Department of Energy is doing enough to ensure that we are prepared would be difficult to defend under just the opposite. It is taking oil off for any contingencies that the SPR is sound business principles. These the market and increasing prices, designed to cover. memos are included as exhibits to the doing so at great costs to taxpayers To date, over the entire life of the subcommittee’s 2003 report. The DOE and despite enacted law requiring that SPR the largest withdrawal of oil from career staff’s recommendations were they do otherwise. There is now a the SPR has been for about 30 million rejected, however, and the current pol- strong bipartisan consensus to put a barrels. The amount of oil in the SPR icy was adopted. halt to the administration’s misguided today already is far more than has ever Following the issuance of this report, SPR policy. I urge my colleagues to been needed to cover market disrup- in early 2003, I asked the Department vote for this amendment to postpone tions. of Energy to suspend its filling of the the filling of the SPR until oil prices The DOE’s policy to fill the SPR at SPR until prices had abated and sup- have fallen to lower levels. the same rate regardless of the effect plies were more plentiful. The DOE re- The ACTING PRESIDENT pro tem- on oil prices or taxpayer costs runs fused to change course and continued pore. The Senator from New Mexico. counter to the intent of Congress in the SPR fill without regard to market Mr. DOMENICI. Mr. President, I section 301 of the Energy Policy Act of supplies or prices. In response, I offered want the Republicans to know I have 2005, which directs DOE to consider and a bipartisan amendment, with Senator changed my mind over the past 3 or 4 minimize the effects on oil prices and COLLINS, to the Interior appropriations weeks, and it is simply because the costs to the taxpayers when acquiring bill—which provides funding for the price of oil is now up to $125 a barrel— oil for the SPR. I sponsored the amend- Strategic Petroleum Reserve pro- perhaps in real dollars $110. I think for ment, along with Senator COLLINS, gram—to require the DOE to minimize 7 months to stop filling SPR could that became this provision in the law. the costs to the taxpayers and market have a chance of reducing the price by We did not intend this to simply be a impacts when placing oil into the SPR. a small amount. formality, whereby in every case DOE The Senate unanimously adopted our Make no bones about it now, this is would simply conclude that the effect amendment, but it was dropped from no big energy policy. This is one little on price was insignificant. Yet that the conference report due to the Bush thing we can do, and I think we ought seems to be how DOE is applying this administration’s continued opposition. to go ahead and do it. I know there are provision. The next spring, I offered another bi- some who take the fact that we need a In 2003, the Permanent Sub- partisan amendment, also with Senator big reserve very seriously, and they committee on Investigations, which I COLLINS, to the budget resolution ex- think we ought to continue to fill it chair, completed a detailed investiga- pressing the sense of the Senate that even more than we are, and I respect tion of the SPR fill program. The sub- the administration should postpone de- those views. But with reference to this committee’s 2003 report is titled ‘‘U.S. liveries into the SPR and use the sav- amendment, by Senator DORGAN, I Strategic Petroleum Reserve: Recent ings from the postponement to increase think we ought to support it and at Policy Has Increased Costs to Con- funding for national security programs. least do one positive thing. It was in sumers But Not Overall U.S. Energy The amendment passed the Senate by a our bill, incidentally, as one of a num- Security.’’ It can be found on the Sub- vote of 52 to 43. That fall, we attempted ber of positive things we would do, in- committee’s Web site. The investiga- to attach a similar amendment to the cluding Alaska, which is complained so tion found that in 2002 the Bush admin- Homeland Security appropriations bill much about. It would produce a million istration changed the DOE’s policy on that would have postponed the SPR fill barrels permanently, more or less. This how it would fill the SPR, and that this and used the savings for homeland seis 70,000 barrels one time—so we under- change in policy increased the price of curity programs, but the amendment stand. oil but not our overall energy security. was defeated by a procedural vote, even I yield the floor. Before the Bush administration though the majority of Senators voted Mr. President, I ask for the yeas and changed the DOE’s policy on filling the in favor of the amendment, 48 to 47. nays. SPR, the DOE sought to put more The next year, the Senate passed the The ACTING PRESIDENT pro tem- crude oil into the SPR when supplies Levin-Collins amendment to the En- pore. All time has expired. were plentiful and prices low and less ergy Policy Act of 2005 to require the Is there a sufficient second? crude oil into the SPR when supplies DOE to consider price impacts and There is a sufficient second. were scarce and prices high. The DOE minimize the costs to the taxpayers The question is on agreeing to the also would allow oil companies to defer and market impacts when placing oil amendment. deliveries for up to a year when sup- into the SPR. The Levin-Collins The clerk will call the roll. plies were tight, provided that the oil amendment was agreed to by the con- The legislative clerk called the roll. companies would deposit more oil into ferees and signed into law as section Mr. KYL. The following Senators are the SPR at the end of the deferral pe- 301 of the Energy Policy Act of 2005. necessarily absent: the Senator from riod. Through this deferral policy, the But, unfortunately, passage of this Oklahoma (Mr. INHOFE) and the Sen- DOE was able to obtain additional SPR provision has had no effect upon the ator from Arizona (Mr. MCCAIN). oil for no additional cost to the tax- DOE’s actions. The DOE continues to The ACTING PRESIDENT pro tem- payer. This policy made good sense. fill the SPR regardless of the market pore. Are there any other Senators in As my subcommittee’s report docu- effects of buying oil, thereby taking oil the Chamber desiring to vote? mented, in 2002 the White House di- off the market and reducing supply by The result was announced—yeas 97, rected DOE to change its policy. In- placing it into the SPR. In the past nays 1, as follows: stead of allowing the DOE to continue year, no matter what the price of oil or [Rollcall Vote No. 124 Leg.] with its sensible policy, the White market conditions, the DOE has con- House directed the DOE to fill the SPR sistently said that the market effects YEAS—97 at the same rate, regardless of market are negligible and claimed that there is Akaka Cantwell DeMint Alexander Cardin Dodd conditions. The new policy also prohib- no reason to delay filling the SPR, ef- Barrasso Carper Dole ited the DOE from accepting any defer- fectively ignoring the section 301 re- Baucus Casey Domenici rals, regardless of market conditions. quirements of the Energy Policy Act. Bayh Chambliss Dorgan The career DOE staff vigorously pro- Bennett Clinton Durbin The result is that we have the current Biden Coburn Ensign tested the changes ordered by the contradiction of DOE depositing oil Bingaman Cochran Enzi White House. The career staff pointed into the SPR at the same time the Bond Coleman Feingold out that filling the SPR in times of President is urging OPEC to put more Boxer Collins Feinstein Brown Conrad Graham tight supplies and high prices would oil on to the market. Brownback Corker Grassley push prices up and that not allowing Now is not the time to be filling the Bunning Cornyn Gregg any deferrals would cost the taxpayers SPR. When oil prices are at record Burr Craig Hagel more money. The career staff also ar- highs, we should be looking for ways to Byrd Crapo Harkin

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.029 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4059 Hatch McCaskill Shelby third reading of S. 2284, the Banking when we ought to be encouraging more Hutchison McConnell Smith Committee be discharged from further people to purchase this critical cov- Inouye Menendez Snowe Isakson Mikulski Specter consideration of H.R. 3121, the House erage. Johnson Murkowski Stabenow companion, and the Senate then pro- In an effort to avoid these steep pre- Kennedy Murray Stevens ceed to its consideration; that all after mium increases, the bill forgives the Kerry Nelson (FL) Sununu the enacting clause be stricken, and debt. In addition, it reforms the pre- Klobuchar Nelson (NE) Tester Kohl Obama Thune the text of S. 2284, as amended, be in- mium structure so rates are actuari- Kyl Pryor Vitter serted in lieu thereof; that the bill be ally based. Yes, this reform will result Landrieu Reed Voinovich Lautenberg Reid read a third time, and the Senate then in some policyholders paying more for Leahy Roberts Warner vote on passage of H.R. 3121; that upon flood coverage, but the premium in- Levin Rockefeller Webb passage of H.R. 3121, S. 2284 be returned creases are much less than they would Whitehouse Lieberman Salazar to the calendar, with the remaining be if this bill were not to pass. If we do Lincoln Sanders Wicker Lugar Schumer Wyden provisions of the previous order re- nothing, FEMA’s $17 billion debt hangs Martinez Sessions maining in effect, and without further over the entire program. NAYS—1 intervening action or debate. Last week, we accepted 11 amend- The ACTING PRESIDENT pro tem- Allard ments. We were able to accommodate pore. Is there objection? Senators on both sides of the aisle— NOT VOTING—2 Mr. DORGAN. Mr. President, reserv- specifically Senators MENENDEZ, Inhofe McCain ing the right to object, I do not object, COBURN, MCCASKILL, DEMINT, DOLE, The ACTING PRESIDENT pro tem- of course, but might I observe that I THUNE, DURBIN, and LANDRIEU. Their pore. Under the previous order requir- understood the objection to the pre- amendments help to strengthen this ing 60 votes for the adoption of this vious unanimous consent request. My bill and the flood insurance program. amendment, the amendment is agreed hope would be that in the coming hours These amendments include provisions to. today we might have some discussions to ensure that FEMA does outreach The amendment (No. 4737) was agreed between the leadership of the minority when mapping changes occur, to make to. and majority so that we can proceed on policy exclusions clear to home and Mr. REID. Mr. President, first I move the SPR amendment. I understand the business owners, and to strengthen the to reconsider that vote. objection was raised, but there has flood insurance advocate created in the Mr. DURBIN. I move to lay that mo- been an overwhelming amount of sup- committee-passed bill. tion on the table. port by the Senate. I hope we could I want to thank Senator SHELBY and The motion to lay on the table was have those discussions this afternoon his staff for working so closely with us agreed to. and perhaps proceed on the basis that on this bipartisan bill. I also want to Mr. REID. Mr. President, I am going Senator REID has suggested. thank the majority and minority lead- to ask unanimous consent, if everyone The ACTING PRESIDENT pro tem- ers for agreeing to move to this bill, would be kind enough to listen to me— pore. Is there objection? and for supporting our efforts last we just passed an amendment by 97 Without objection, it is so ordered. week to accommodate debate and votes, I think I heard the Chair an- Under the previous order, the sub- amendments. nounce. I would therefore ask, as a re- stitute amendment, as amended, is I especially thank the staff who have sult of that vote, that the Senate—the agreed to. worked on this legislation. In par- The amendment (No. 4707), as amend- one we just concluded—I now ask unan- ticular I want to thank Lula Davis, ed, was agreed to. imous consent that the Senate proceed Tim Mitchell, Tricia Engle, and Mark to a bill, which is at the desk, which Mr. DODD. Mr. President, last week, Wetjen on Leader REID’S staff, and I the Senate had a fruitful debate on, encompasses the text of this SPR want to thank Rohit Kumar and Dave amendment which the Senate just and today the Senate will vote on pas- Schiappa on minority leader MCCON- adopted; that the bill be read a third sage of the Flood Insurance Reform NELL’s staff. time, passed, and the motion to recon- and Modernization Act. This bill ex- Senator SHELBY’s staff have been in- sider be laid upon the table, and that tends the flood insurance program for 5 valuable, and I want to recognize the there be no intervening action or de- years, while making commonsense re- work of Bill Duhnke, Mark Oesterle, bate. forms so that flood insurance remains Mark Calabria and Jim Johnson. I also Mr. DOMENICI. I object. available to millions of Americans who want to acknowledge the hard work of Mr. REID. Mr. President, we could live in flood-prone areas. my own staff, including Shawn Maher, have this out of here today. The House Though many people think of floods Jennifer Fogel-Bublick, and Sarah could take care of it either tonight or as confined to coastal areas, I want to Kline. tomorrow and be on the President’s let my colleagues know that in the last desk on Wednesday. I have been told by year, there have been flood claims in As I have said, this is a strong bill my distinguished friend, Senator all 50 States. Every State has at-risk that ensures flood insurance will be available for many years to come. I DOMENICI, that there is going to be an areas, and in the absence of private in- objection on the other side. I think it surance, the National Flood Insurance urge my colleagues to support this bill is really unfortunate. That is one rea- Program is the only way for home and so that families can rebuild their son people are a little concerned about business owners to ensure they can re- homes and their lives after a flood. our conduct here. We just passed some- build after the waters recede. Mr. DURBIN. Mr. President, I rise in thing by almost 100 votes, and someone The bill we are considering makes support of the Flood Insurance Reform now is objecting to taking this up as a some tough choices, as I talked about and Modernization Act of 2007. bill. I think that doesn’t make a lot of last week. After Hurricane Katrina, I had a sense. I am terribly disappointed that In order to assure the continuation chance to meet some of the survivors we have more of this stalling and ob- and availability of flood insurance, this who were displaced by the storm and structionism that has gone on this en- bill essentially restarts the flood pro- ended up in Illinois. Many had lost tire Congress. gram. It forgives the $17 billion of pro- their homes, their jobs, their commu- The ACTING PRESIDENT pro tem- gram debt so that all policyholders will nities, everything. Nearly 3 years later, pore. The Senator from New Mexico. not face steep premium increases. All some are still picking up the pieces of Mr. DOMENICI. Mr. President, I did 5.5 million policyholders would have to a former life. object, and I object now. double their premium payments just to We can’t stop every disaster from The ACTING PRESIDENT pro tem- pay the interest on this debt. To make happening. But we can be prepared, so pore. Objection is heard. a dent in the principal, premiums what happened after Katrina never Mr. REID. Mr. President, I now ask would have to increase many times happens again. unanimous consent that the previous over. Increases of this magnitude Katrina taught us the importance of order with respect to S. 2284 be further would drive untold numbers of people being prepared. We need to understand modified to provide that following to drop flood insurance—at a time the risks of disaster, prepare homes

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.005 S13MYPT1 smartinez on PROD1PC64 with SENATE S4060 CONGRESSIONAL RECORD — SENATE May 13, 2008 and communities to withstand dis- Specifically, when these energy The bill also expands and encourages aster, and make sure that once disaster issues are revisited, there should be the purchase of flood insurance for strikes, communities can get back on further discussion of opening addi- properties in areas with flood risks. their feet as quickly as possible. tional areas of the Outer Continental Property owners in a 500-year flood- The national flood insurance pro- Shelf to drilling as well as further dis- plain would be notified about the risks gram is one of the best ways we do cussion on the moratorium on commer- they face, but would not be required to this. It allows people who live near riv- cial leasing of oil shale in the Western purchase flood insurance. To better de- ers or other flood-prone areas to insure United States. I understand the need to fine areas of flood risk, the bill would themselves at an affordable rate develop our domestic resources due to require FEMA to establish an ongoing against the risk of a flood. If the worst growing global demand for oil, but we map modernization program using the happens, it covers some of the costs of must ensure these steps are taken with most accurate data and consistent recovery. the utmost environmental sensitivity. standards for mapping. These changes This program is critically important Mr. LEVIN. Mr. President, I will vote will help generate the necessary pre- to Illinois. for the Flood Insurance Reform and mium income for the program while Illinois has the largest inland system Modernization Act because it would striving to maintain affordability for of rivers, lakes, and streams in the Na- help place the National Flood Insur- homeowners. tion. Floods are 98 percent of Illinois’ ance Program, NFIP, back on solid fi- The bill also expands and encourages declared disasters. That is why only nancial footing. It is not a perfect bill, the purchase of flood insurance for three other States have more commu- but I hope that some of my concerns properties in areas located behind lev- nities participating in the flood insur- can be addressed in the House Senate ees, dams, and other man-made struc- ance program than Illinois. conference process. tures, recognizing that these struc- The bill before us today renews the When Congress established the NFIP tures could be breached. While recent flood insurance program, which expires in 1968, flood insurance was not avail- history has shown us that levees can this September, and strengthens the able at an affordable price, resulting in and do fail and that no properties are program in several important ways. frequent and costly Federal disaster entirely risk-free, I am concerned that It puts the program on sound finan- aid payments. The new program cre- imposing this mandatory requirement cial footing. It forgives the $17 billion ated a method to share the risk of flood in a uniform fashion may not accu- debt from Katrina and other storm-re- losses through a national insurance rately reflect the risks these commu- lated losses, a debt the program could program and required preventive and nities face. Michigan has 2,500 dams never repay. But the bill also requires protective measures to mitigate the and numerous levees scattered across FEMA to establish a reserve fund so we risk. Currently, Michigan has over the State; properties behind these are in better shape to cover future 27,000 flood insurance policies, and structures would be required to pur- losses. since the program’s inception, over chase federal flood insurance regard- It encourages more people to buy $42.6 million in flood claims have been less of the risks they face. We need to flood insurance. It provides more funding to update paid to Michigan policyholders. This better understand the implications of old flood maps, so communities know bipartisan reform bill extends this im- requiring mandatory insurance for all where the hazards are and can plan ac- portant program through 2013, and en- of these areas before we impose a blan- cordingly. hances the long-term viability of the ket requirement on all of them. For And I am pleased that this legisla- program, helping to provide self-sus- this reason, I voted in support of an tion also contains an amendment I of- taining, critical insurance coverage for amendment offered by Senator fered to make sure that the costs of millions of home and business owners LANDRIEU that would have lifted this flood insurance are shared fairly be- throughout the country. new mandatory requirement and would tween Illinois and Missouri down near Historically, the flood insurance pro- have instead required a study to be St. Louis. gram has covered most claims through conducted to assess the impact, effec- Floods are among the most common the premiums it has collected. How- tiveness, and feasibility of extending and costly natural disasters. Passing ever, recent losses from the 2004 floods mandatory flood coverage to these this bill will strengthen our ability to and 2005 catastrophic hurricanes have areas. I believe Senator LANDRIEU’s prepare for what we know is coming left the program over $17 billion in debt more thoughtful approach is war- and to return to our lives as soon as to the U.S. Treasury. This reform bill ranted. Unfortunately, the amendment possible once the flood waters recede. takes the painful but necessary step of failed 30–62. This bill helps ensure that when the forgiving that debt. At the same time, While I recognize that making the next Katrina-like disaster hits, we this legislation makes changes to the NFIP more financially sound requires won’t see a Katrina-like aftermath. program to help ensure its continued making some tough decisions, I believe I thank Senators DODD and SHELBY long-term financial solvency. The aim some of the choices reflected in this for their hard work on this bill and is to ensure that each time a hurri- bill lead to unfair results. For example, urge my colleagues to support it. cane, deluge or other natural disaster I am concerned about what will happen Mr. SPECTER. Mr. President, I seek hits, flood claims can be paid without to property owners currently not recognition to express my views about relying on taxpayer funds from across mapped into a floodplain should a new the pending energy amendment aimed the country. map require them to purchase flood in- at increasing domestic oil and gas pro- There are a number of measures in surance. Currently, these property duction. In recognizing that this is a this bill aimed at restoring the pro- owners would receive subsidized poli- symbolic vote aimed at stimulating de- gram’s financial stability. These in- cies, because the buildings were built bate on the Nation’s energy situation, I clude requiring certain at-risk prop- before the flood risk was known. How- am voting for this amendment today erties to pay phased-in actuarial rates, ever, this bill removes the subsidized because I want to affirm the principle extending the Severe Repetitive Loss rate for properties that get remapped of taking decisive action on the Na- Mitigation program to mitigate losses into a floodplain. While the bill pro- tion’s energy issues. I do, however, on the most at-risk properties, and re- vides a 2-year phase-in for these unsub- have reservations about some of the quiring the program to build up re- sidized rates, it is not fair to demand provisions contained within this meas- serves. These and other new require- higher rates from those who, through ure. ments reflect difficult choices because no fault of their own, had no idea they While I fully support measures con- they are not without cost to property had exposure to flood damage, espe- tained in the package which would fur- owners, many of whom are already cially at a time when so many families ther the development of alternative stretched by staggering gas and gro- are struggling to meet their monthly fuels for the transportation sector and cery prices, falling home values and a expenses. This inequity is one that I for electric-powered vehicles; set goals dismal economy. This bill attempts to hope can be addressed when this bill is for the use of coal-derived fuels; sus- recognize that reality by maintaining conferenced with the House version pend filling the Strategic Petroleum some subsidized rates for Federal flood passed last year. Reserve; and streamline the permitting insurance where buildings were built There are also inequities in existing process for new oil refineries, I believe before the existence of a federal flood approaches of FEMA’s mapping of flood further debate is necessary on some map, and phasing-in new actuarial risk which need to be corrected in con- other provisions. rates. ference. For instance, revised flood

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.021 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4061 maps are being developed by FEMA for after the enacting clause is stricken TITLE I—FLOOD INSURANCE REFORM AND the city of Grand Rapids in such a way and the text of S. 2284, as amended, is MODERNIZATION that does not incorporate the existing inserted in lieu thereof. Sec. 101. Short title. flood protection provided by the city’s The clerk will read the bill for the Sec. 102. Findings. recently completed $12.4 million third time. Sec. 103. Definitions. The amendment was ordered to be Sec. 104. Extension of National Flood Insurance floodwall improvement project. The re- Program. vised flood maps would put over 6,000 engrossed and the bill to be read a Sec. 105. Availability of insurance for multi- additional properties into the 100-year third time. family properties. floodplain, at a cost of over $6 million The bill was read the third time. Sec. 106. Reform of premium rate structure. per year. This is an area that has not The ACTING PRESIDENT pro tem- Sec. 107. Mandatory coverage areas. flooded at that level since 1905, and pore. The bill having been read the Sec. 108. Premium adjustment. that occurred when the city did not third time, the question is, Shall the Sec. 109. State chartered financial institutions. Sec. 110. Enforcement. have structural flood protection. bill pass? Mr. DODD. Mr. President, I ask for Sec. 111. Escrow of flood insurance payments. FEMA’s action appears arbitrary, ig- Sec. 112. Borrowing authority debt forgiveness. nores the participation of its State the yeas and nays. Sec. 113. Minimum deductibles for claims under partner, and would likely decrease The ACTING PRESIDENT pro tem- the National Flood Insurance property values and the tax base of the pore. Is there a sufficient second? Program. There is a sufficient second. community, hampers economic devel- Sec. 114. Considerations in determining charge- The clerk will call the roll. opment, and imposes unfair costs on able premium rates. The assistant legislative clerk called Sec. 115. Reserve fund. thousands of people in the city of the roll. Sec. 116. Repayment plan for borrowing author- Grand Rapids. FEMA should more Mr. KYL. The following Senators are ity. thoroughly and accurately reassess necessarily absent: the Senator from Sec. 117. Payment of condominium claims. flood risks using a risk-based analysis Sec. 118. Technical Mapping Advisory Council. Oklahoma (Mr. INHOFE) and the Sen- to account for local conditions and in- Sec. 119. National Flood Mapping Program. ator from Arizona (Mr. MCCAIN). Sec. 120. Removal of limitation on State con- corporate protection by the city’s im- The ACTING PRESIDENT pro tem- proved floodwalls, rather than ignoring tributions for updating flood pore. Are there any other Senators in maps. their presence. I am hopeful that the the Chamber desiring to vote? Sec. 121. Coordination. managers will work with us in con- The result was announced—yeas 92, Sec. 122. Interagency coordination study. ference to address this unconscionable nays 6, as follows: Sec. 123. Nonmandatory participation. and unnecessary burden the city of [Rollcall Vote No. 125 Leg.] Sec. 124. Notice of flood insurance availability under RESPA. Grand Rapids and its citizens are fac- YEAS—92 ing. Sec. 125. Testing of new flood proofing tech- Akaka Dodd McConnell nologies. I wish that no American had to worry Alexander Dole Menendez about suffering damage from a natural Sec. 126. Participation in State disaster claims Allard Domenici Mikulski mediation programs. Barrasso Dorgan disaster, but it is a fact of nature that Murkowski Sec. 127. Reiteration of FEMA responsibilities such damage can happen. That is why Baucus Durbin Murray Bayh Ensign under the 2004 Reform Act. it is important to do what we can to Nelson (NE) Bennett Enzi Obama Sec. 128. Additional authority of FEMA to col- help property owners have adequate in- Biden Feingold Reed lect information on claims pay- surance. The goals of the National Bingaman Feinstein Reid ments. Bond Graham Roberts Sec. 129. Expense reimbursements of insurance Flood Insurance Program are impor- Boxer Grassley Rockefeller companies. tant, and reauthorizing and revamping Brown Gregg Salazar Brownback Hagel Sec. 130. Extension of pilot program for mitiga- this program is necessary. This bill Sanders Bunning Harkin tion of severe repetitive loss prop- represents a necessary step to ensure Schumer Burr Hatch erties. that more at-risk property owners are Byrd Hutchison Sessions Sec. 131. Flood insurance advocate. protected while the cost of disaster re- Cantwell Inouye Shelby Sec. 132. Studies and Reports. Smith lief and adequate insurance is less of a Cardin Isakson Sec. 133. Feasibility study on private reinsur- Carper Johnson Snowe burden to the average taxpayer. Flood- Specter ance. Casey Kennedy Sec. 134. Policy disclosures. ing is a risk that many communities Chambliss Kerry Stabenow face, and the availability of flood in- Clinton Klobuchar Stevens Sec. 135. Report on inclusion of building codes Sununu in floodplain management cri- surance is important for ensuring that Cochran Kohl Coleman Kyl Tester teria. our citizens can recover from any Collins Lautenberg Thune TITLE II—COMMISSION ON NATURAL CA- Voinovich losses suffered. However, this must be Conrad Leahy TASTROPHE RISK MANAGEMENT AND IN- done in a way that does not unduly and Corker Levin Warner Cornyn Lieberman Webb SURANCE unfairly burden our communities. I Craig Lugar Whitehouse Sec. 201. Short title. will continue to work to strengthen Crapo Martinez Wicker Sec. 202. Findings. the National Flood Insurance Program DeMint McCaskill Wyden Sec. 203. Establishment. in a fair and responsible manner as it NAYS—6 Sec. 204. Membership. Sec. 205. Duties of the Commission. proceeds to conference. Coburn Lincoln Pryor The ACTING PRESIDENT pro tem- Landrieu Nelson (FL) Vitter Sec. 206. Report. Sec. 207. Powers of the Commission. pore. The clerk will read the bill for NOT VOTING—2 the third time. Sec. 208. Commission personnel matters. Inhofe McCain Sec. 209. Termination. The bill was ordered to be engrossed Sec. 210. Authorization of appropriations. for a third reading and was read the The bill (H.R. 3121), as amended, was TITLE III—MISCELLANEOUS third time. passed, as follows: The ACTING PRESIDENT pro tem- H.R. 3121 Sec. 301. Big Sioux River and Skunk Creek, Sioux Falls, South Dakota. Resolved, That the bill from the House of pore. Under the previous order, the Sec. 302. Suspension of petroleum acquisition Representatives (H.R. 3121) entitled ‘‘An Act Banking Committee is discharged from for Strategic Petroleum Reserve. to restore the financial solvency of the na- further consideration of H.R. 3121, TITLE I—FLOOD INSURANCE REFORM AND which the clerk will report by title. tional flood insurance program and to provide for such program to make available MODERNIZATION The legislative clerk read as follows: multiperil coverage for damage resulting SEC. 101. SHORT TITLE. A bill (H.R. 3121) to restore the financial from windstorms and floods, and for other This title may be cited as the ‘‘Flood Insur- solvency of the national flood insurance pro- purposes.’’, do pass with the following ance Reform and Modernization Act of 2008’’. gram and to provide for such program to amendment: SEC. 102. FINDINGS. make available multiperil coverage for dam- Strike out all after the enacting clause and Congress finds that— age resulting from windstorms and floods, insert: (1) the flood insurance claims resulting from and for other purposes. SECTION 1. TABLE OF CONTENTS. the hurricane season of 2005 will likely exceed The ACTING PRESIDENT pro tem- The table of contents for this Act is as follows: all previous claims paid by the National Flood pore. Under the previous order, all Sec. 1. Table of contents. Insurance Program;

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 6333 E:\CR\FM\G13MY6.031 S13MYPT1 smartinez on PROD1PC64 with SENATE S4062 CONGRESSIONAL RECORD — SENATE May 13, 2008 (2) in order to pay the legitimate claims of pol- of more than 4 units to obtain insurance for the title, the Director shall issue final regulations icyholders from the hurricane season of 2005, contents and personal articles located in such establishing a revised definition of areas of spe- the Federal Emergency Management Agency residences.’’. cial flood hazards for purposes of the National has borrowed over $20,000,000,000 from the SEC. 106. REFORM OF PREMIUM RATE STRUC- Flood Insurance Program. Treasury; TURE. (b) RESIDUAL RISK AREAS.—The regulations (3) the interest alone on this debt, is almost (a) TO EXCLUDE CERTAIN PROPERTIES FROM required by subsection (a) shall— $1,000,000,000 annually, and that the Federal RECEIVING SUBSIDIZED PREMIUM RATES.— (1) include any area previously identified by Emergency Management Agency has indicated (1) IN GENERAL.—Section 1307 of the National the Director as an area having special flood that it will be unable to pay back this debt; Flood Insurance Act of 1968 (42 U.S.C. 4014) is hazards under section 102 of the Flood Disaster (4) the flood insurance program must be amended— Protection Act of 1973 (42 U.S.C. 4012a); and strengthened to ensure it can pay future claims; (A) in subsection (a)— (2) require the expansion of areas of special (5) while flood insurance is mandatory in the (i) in paragraph (2), by striking ‘‘; and’’ and flood hazards to include areas of residual risk, 100-year floodplain, substantial flooding occurs inserting a semicolon; including areas that are located behind levees, outside of existing special flood hazard areas; (ii) in paragraph (3), by striking the period at dams, and other man-made structures. (6) recent events throughout the country in- the end and inserting ‘‘; and’’; and (c) MANDATORY PARTICIPATION IN NATIONAL volving areas behind man-made structures, (iii) by adding at the end the following: FLOOD INSURANCE PROGRAM.— ‘‘(4) the exclusion of prospective insureds from known as ‘‘residual risk’’ areas, have produced (1) IN GENERAL.—Any area described in sub- catastrophic losses; purchasing flood insurance at rates less than section (b) shall be subject to the mandatory (7) although such man-made structures those estimated under paragraph (1), as re- purchase requirements of sections 102 and 202 of produce an added element of safety and there- quired by paragraph (2), for certain properties, the Flood Disaster Protection Act of 1973 (42 fore lessen the probability that a disaster will including for— U.S.C. 4012a, 4106). ‘‘(A) any property which is not the primary occur, they are nevertheless susceptible to cata- (2) LIMITATION.—The mandatory purchase re- residence of an individual; strophic loss, even though such areas at one quirement under paragraph (1) shall have no ‘‘(B) any severe repetitive loss property, as de- time were not included within the 100-year force or effect until the mapping of all residual fined in section 1361A(b); floodplain; and ‘‘(C) any property that has incurred flood-re- risk areas in the United States that the Director (8) voluntary participation in the National lated damage in which the cumulative amounts determines essential in order to administer the Flood Insurance Program has been minimal and of payments under this title equaled or exceeded National Flood Insurance Program, as required many families residing outside the 100-year the fair market value of such property; under section 119, are in the maintenance floodplain remain unaware of the potential risk ‘‘(D) any business property; and phase. to their lives and property. ‘‘(E) any property which on or after the date (3) ACCURATE PRICING.—In carrying out the SEC. 103. DEFINITIONS. of enactment of the Flood Insurance Reform mandatory purchase requirement under para- (a) IN GENERAL.—In this title, the following and Modernization Act of 2008 has experienced graph (1), the Director shall ensure that the definitions shall apply: or sustained— price of flood insurance policies in areas of re- (1) DIRECTOR.—The term ‘‘Director’’ means ‘‘(i) substantial damage exceeding 50 percent sidual risk accurately reflects the level of flood the Administrator of the Federal Emergency of the fair market value of such property; or protection provided by any levee, dam, or other Management Agency. ‘‘(ii) substantial improvement exceeding 30 the man-made structure in such area. (2) NATIONAL FLOOD INSURANCE PROGRAM.— percent of the fair market value of such prop- (d) DECERTIFICATION.—Upon decertification of The term ‘‘National Flood Insurance Program’’ erty.’’; and any levee, dam, or man-made structure under means the program established under the Na- (B) by adding at the end the following: the jurisdiction of the Army Corp of Engineers, tional Flood Insurance Act of 1968 (42 U.S.C. ‘‘(g) NO EXTENSION OF SUBSIDY TO NEW POLI- the Corp shall immediately provide notice to the 4011 et seq.). CIES OR LAPSED POLICIES.—The Director shall Director of the National Flood Insurance Pro- (3) 100-YEAR FLOODPLAIN.—The term ‘‘100- not provide flood insurance to prospective in- gram. year floodplain’’ means that area which is sub- sureds at rates less than those estimated under SEC. 108. PREMIUM ADJUSTMENT. ject to inundation from a flood having a 1 per- subsection (a)(1), as required by paragraph (2) Section 1308 of the National Flood Insurance cent chance of being equaled or exceeded in any of that subsection, for— Act of 1968 (42 U.S.C. 4015) is amended by add- given year. ‘‘(1) any property not insured by the flood in- ing at the end the following: (4) 500-YEAR FLOODPLAIN.—The term ‘‘500- surance program as of the date of enactment of ‘‘(g) PREMIUM ADJUSTMENT TO REFLECT CUR- year floodplain’’ means that area which is sub- the Flood Insurance Reform and Modernization RENT RISK OF FLOOD.—Notwithstanding subject to inundation from a flood having a 0.2 per- Act of 2008; section (f), and upon completion of the updating cent chance of being equaled or exceeded in any ‘‘(2) any policy under the flood insurance proof any flood insurance rate map under this Act, given year. gram that has lapsed in coverage, as a result of the Flood Disaster Protection Act of 1973, or the (5) WRITE YOUR OWN.—The term ‘‘Write Your the deliberate choice of the holder of such pol- Flood Insurance Reform and Modernization Act Own’’ means the cooperative undertaking be- icy; and of 2008, any property located in an area that is tween the insurance industry and the Flood In- ‘‘(3) any prospective insured who refuses to participating in the national flood insurance surance Administration which allows partici- accept any offer for mitigation assistance by the program shall have the risk premium rate pating property and casualty insurance compa- Administrator (including an offer to relocate), charged for flood insurance on such property nies to write and service standard flood insur- including an offer of mitigation assistance— adjusted to accurately reflect the current risk of ‘‘(A) following a major disaster, as defined in ance policies. flood to such property, subject to any other pro- section 102 of the Robert T. Stafford Disaster (b) COMMON TERMINOLOGY.—Except as other- vision of this Act. Any increase in the risk pre- Relief and Emergency Assistance Act (42 U.S.C. wise provided in this title, any terms used in mium rate charged for flood insurance on any 5122); or this title shall have the meaning given to such property that is covered by a flood insurance terms under section 1370 of the National Flood ‘‘(B) in connection with— ‘‘(i) a repetitive loss property; or policy on the date of completion of such updat- Insurance Act of 1968 (42 U.S.C. 4121). ‘‘(ii) a severe repetitive loss property, as that ing or remapping that is a result of such updat- SEC. 104. EXTENSION OF NATIONAL FLOOD IN- term is defined under section 1361A.’’. ing or remapping shall be phased in over a 2- SURANCE PROGRAM. (2) EFFECTIVE DATE.—The amendments made year period at the rate of 50 percent per year. Section 1319 of the National Flood Insurance by paragraph (1) shall become effective 90 days ‘‘(h) USE OF MAPS TO ESTABLISH RATES FOR Act of 1968 (42 U.S.C. 4026), is amended by strik- after the date of the enactment of this title. CERTAIN COUNTIES.— ing ‘‘2008’’ and inserting ‘‘2013.’’. (b) INCREASE IN ANNUAL LIMITATION ON PRE- ‘‘(1) IN GENERAL.—Until such time as the up- SEC. 105. AVAILABILITY OF INSURANCE FOR MUL- MIUM INCREASES.—Section 1308(e) of the Na- dating of flood insurance rate maps under sec- TIFAMILY PROPERTIES. tional Flood Insurance Act of 1968 (42 U.S.C. tion 19 of the Flood Modernization Act of 2007 Section 1305 of the National Flood Insurance 4015(e)) is amended— is completed (as determined by the district engi- Act of 1968 (42 U.S.C. 4012) is amended by add- (1) by striking ‘‘under this title for any prop- neer) for all areas located in the St. Louis Dis- ing at the end the following: erties within any single’’ and inserting the fol- trict of the Mississippi Valley Division of the ‘‘(d) AVAILABILITY OF INSURANCE FOR MULTI- lowing: ‘‘under this title for any properties— Corps of Engineers, the Director shall not— FAMILY PROPERTIES.— ‘‘(1) within any single’’; and ‘‘(A) adjust the chargeable premium rate for ‘‘(1) IN GENERAL.—The Director shall make (2) by striking ‘‘10 percent’’ and inserting ‘‘15 flood insurance under this title for any type or flood insurance available to cover residential percent’’; and class of property located in an area in that Dis- properties of more than 4 units. Notwith- (3) by striking the period at the end and in- trict; and standing any other provision of law, the max- serting the following: ‘‘; and ‘‘(B) require the purchase of flood insurance imum coverage amount that the Director may ‘‘(2) described in section 1307(a)(4) shall be infor any type or class of property located in an make available under this subsection to such creased by 25 percent each year, until the aver- area in that District not subject to such pur- residential properties shall be equal to the cov- age risk premium rate for such properties is chase requirement prior to the updating of such erage amount made available to commercial equal to the average of the risk premium rates national flood insurance program rate map. properties. for properties described under paragraph (1).’’. ‘‘(2) RULE OF CONSTRUCTION.—For purposes of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this SEC. 107. MANDATORY COVERAGE AREAS. this subsection, the term ‘area’ does not include subsection shall be construed to limit the ability (a) SPECIAL FLOOD HAZARD AREAS.—Not later any area (or subdivision thereof) that has cho- of individuals residing in residential properties than 90 days after the date of enactment of this sen not to participate in the flood insurance

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.009 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4063 program under this title as of the date of enact- ration of the 2-year period beginning on the ‘‘by regulation’’ and inserting ‘‘prescribe, after ment of this subsection.’’. date of enactment of this title. providing notice’’; SEC. 109. STATE CHARTERED FINANCIAL INSTI- SEC. 112. BORROWING AUTHORITY DEBT FOR- (2) in subsection (b)— TUTIONS. GIVENESS. (A) in paragraph (1), by striking the period at Section 1305(c) of the National Flood Insur- (a) IN GENERAL.—The Secretary of the Treas- the end and inserting a semicolon; ance Act of 1968 (42 U.S.C. 4012(c)) is amended— ury relinquishes the right to any repayment of (B) in paragraph (2), by striking the comma at (1) in paragraph (1), by striking ‘‘; and’’ and amounts due from the Director in connection the end and inserting a semicolon; inserting a semicolon; with the exercise of the authority vested to the (C) in paragraph (3), by striking ‘‘, and’’ and (2) in paragraph (2), by striking the period at Director to borrow such sums under section 1309 inserting a semicolon; the end and inserting ‘‘; and’’; and of the National Flood Insurance Act of 1968 (42 (D) in paragraph (4), by striking the period (3) by adding at the end the following: U.S.C. 4016), to the extent such borrowed sums and inserting ‘‘; and’’; and ‘‘(3) given satisfactory assurance that by De- were used to fund the payment of flood insur- (E) by adding at the end the following: ‘‘(5) adequate, on the basis of accepted actu- cember 31, 2008, lending institutions chartered ance claims under the National Flood Insurance arial principles, to cover the average historical by a State, and not insured by the Federal De- Program for any damage to or loss of property loss year obligations incurred by the National posit Insurance Corporation, shall be subject to resulting from the hurricanes of 2005. Flood Insurance Fund.’’; and regulations by that State that are consistent (b) CERTIFICATION.—The debt forgiveness de- (3) by adding at the end the following: with the requirements of section 102 of the Flood scribed under subsection (a) shall only take ef- ‘‘(h) RULE OF CONSTRUCTION.—For purposes Disaster Protection Act of 1973 (42 U.S.C. fect if the Director certifies to the Secretary of of this section, the calculation of an ‘average 4012a).’’. Treasury that all authorized resources or funds historical loss year’— available to the Director to operate the National SEC. 110. ENFORCEMENT. ‘‘(1) includes catastrophic loss years; and Section 102(f)(5) of the Flood Disaster Protec- Flood Insurance Program— ‘‘(2) shall be computed in accordance with tion Act of 1973 (42 U.S.C. 4012a(f)(5)) is amend- (1) have been otherwise obligated to pay generally accepted actuarial principles.’’. ed— claims under the National Flood Insurance Pro- SEC. 115. RESERVE FUND. (1) in the first sentence, by striking ‘‘$350’’ gram; and Chapter I of the National Flood Insurance Act and inserting ‘‘$2,000’’; and (2) are not otherwise available to make pay- of 1968 (42 U.S.C. 4011 et seq.) is amended by in- (2) by striking the second sentence. ments to the Secretary on any outstanding notes serting after section 1310 the following: SEC. 111. ESCROW OF FLOOD INSURANCE PAY- or obligations issued by the Director and held by ‘‘SEC. 1310A. RESERVE FUND. MENTS. the Secretary. ‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In (a) IN GENERAL.—Section 102(d) of the Flood (c) DECREASE IN BORROWING AUTHORITY.— carrying out the flood insurance program au- Disaster Protection Act of 1973 (42 U.S.C. The first sentence of subsection (a) of section thorized by this chapter, the Director shall es- 4012a(d)) is amended— 1309 of the National Flood Insurance Act of 1968 (1) by amending paragraph (1) to read as fol- (42 U.S.C. 4016(a)) is amended by striking ‘‘; ex- tablish in the Treasury of the United States a lows: cept that, through September 30, 2008, clause (2) National Flood Insurance Reserve Fund (in this section referred to as the ‘Reserve Fund’) which ‘‘(1) REGULATED LENDING INSTITUTIONS.— of this sentence shall be applied by substituting shall— ‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR ‘$20,775,000,000’ for ‘$1,500,000,000’’’. ‘‘(1) be an account separate from any other LENDING REGULATIONS.—Each Federal entity for SEC. 113. MINIMUM DEDUCTIBLES FOR CLAIMS accounts or funds available to the Director; and lending regulation (after consultation and co- UNDER THE NATIONAL FLOOD IN- ‘‘(2) be available for meeting the expected fu- ordination with the Federal Financial Institu- SURANCE PROGRAM. ture obligations of the flood insurance program. tions Examination Council) shall, by regulation, Section 1312 of the National Flood Insurance ‘‘(b) RESERVE RATIO.—Subject to the phase-in direct that any premiums and fees for flood in- Act of 1968 (42 U.S.C. 4019) is amended— requirements under subsection (d), the Reserve surance under the National Flood Insurance (1) by striking ‘‘The Director is’’ and inserting the following: Fund shall maintain a balance equal to— Act of 1968, on any property for which a loan ‘‘(1) 1 percent of the sum of the total potential has been made for acquisition or construction ‘‘(a) IN GENERAL.—The Director is’’; and (2) by adding at the end the following: loss exposure of all outstanding flood insurance purposes, shall be paid to the mortgage lender, policies in force in the prior fiscal year; or ‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.— with the same frequency as payments on the ‘‘(2) such higher percentage as the Director ‘‘(1) PRE-FIRM PROPERTIES.—For any struc- loan are made, for the duration of the loan. determines to be appropriate, taking into consid- Upon receipt of any premiums or fees, the lender ture which is covered by flood insurance under this title, and on which construction or substan- eration any circumstance that may raise a sig- shall deposit such premiums and fees in an es- nificant risk of substantial future losses to the crow account on behalf of the borrower. Upon tial improvement occurred on or before Decem- ber 31, 1974, or before the effective date of an Reserve Fund. receipt of a notice from the Director or the pro- ‘‘(c) MAINTENANCE OF RESERVE RATIO.— initial flood insurance rate map published by vider of the flood insurance that insurance pre- ‘‘(1) IN GENERAL.—The Director shall have the the Director under section 1360 for the area in miums are due, the remaining balance of an es- authority to establish, increase, or decrease the which such structure is located, the minimum crow account shall be paid to the provider of the amount of aggregate annual insurance pre- annual deductible for damage to such structure flood insurance. miums to be collected for any fiscal year nec- shall be— ‘‘(B) STATE ENTITIES RESPONSIBLE FOR LEND- essary— ‘‘(A) $1,500, if the flood insurance coverage for ING REGULATIONS.—In order to continue to par- ‘‘(A) to maintain the reserve ratio required such structure covers loss of, or physical dam- ticipate in the flood insurance program, each under subsection (b); and State shall direct that its entity or agency with age to, such structure in an amount equal to or ‘‘(B) to achieve such reserve ratio, if the ac- primary responsibility for the supervision of less than $100,000; and tual balance of such reserve is below the amount lending institutions in that State require that ‘‘(B) $2,000, if the flood insurance coverage for required under subsection (b). such structure covers loss of, or physical dam- premiums and fees for flood insurance under the ‘‘(2) CONSIDERATIONS.—In exercising the au- National Flood Insurance Act of 1968, on any age to, such structure in an amount greater thority granted under paragraph (1), the Direc- property for which a loan has been made for ac- than $100,000. tor shall consider— quisition or construction purposes shall be paid ‘‘(2) POST-FIRM PROPERTIES.—For any struc- ‘‘(A) the expected operating expenses of the to the mortgage lender, with the same frequency ture which is covered by flood insurance under Reserve Fund; as payments on the loan are made, for the dura- this title, and on which construction or substan- ‘‘(B) the insurance loss expenditures under tion of the loan. Upon receipt of any premiums tial improvement occurred after December 31, the flood insurance program; or fees, the lender shall deposit such premiums 1974, or after the effective date of an initial ‘‘(C) any investment income generated under and fees in an escrow account on behalf of the flood insurance rate map published by the Di- the flood insurance program; and borrower. Upon receipt of a notice from such rector under section 1360 for the area in which ‘‘(D) any other factor that the Director deter- State entity or agency, the Director, or the pro- such structure is located, the minimum annual mines appropriate. vider of the flood insurance that insurance pre- deductible for damage to such structure shall ‘‘(3) LIMITATIONS.—In exercising the author- miums are due, the remaining balance of an es- be— ity granted under paragraph (1), the Director crow account shall be paid to the provider of the ‘‘(A) $750, if the flood insurance coverage for shall be subject to all other provisions of this flood insurance.’’; and such structure covers loss of, or physical dam- Act, including any provisions relating to (2) by adding at the end the following: age to, such structure in an amount equal to or chargeable premium rates or annual increases of ‘‘(6) NOTICE UPON LOAN TERMINATION.—Upon less than $100,000; and such rates. final payment of the mortgage, a regulated lend- ‘‘(B) $1,000, if the flood insurance coverage for ‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in ing institution shall provide notice to the policy- such structure covers loss of, or physical dam- requirements under this subsection are as fol- holder that insurance coverage may cease with age to, such structure in an amount greater lows: such final payment. The regulated lending insti- than $100,000.’’. ‘‘(1) IN GENERAL.—Beginning in fiscal year tution shall also provide direction as to how the SEC. 114. CONSIDERATIONS IN DETERMINING 2008 and not ending until the fiscal year in homeowner may continue flood insurance cov- CHARGEABLE PREMIUM RATES. which the ratio required under subsection (b) is erage after the life of the loan.’’. Section 1308 of the National Flood Insurance achieved, in each such fiscal year the Director (b) APPLICABILITY.—The amendment made by Act of 1968 (42 U.S.C. 4015(b)) is amended— shall place in the Reserve Fund an amount subsection (a)(1) shall apply to any mortgage (1) in subsection (a), by striking ‘‘, after con- equal to not less than 7.5 percent of the reserve outstanding or entered into on or after the expi- sultation with’’ and all that follows through ratio required under subsection (b).

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‘‘(2) AMOUNT SATISFIED.—As soon as the ratio (A) the Under Secretary of Commerce for (ii) ensure that the Federal Emergency Man- required under subsection (b) is achieved, and Oceans and Atmosphere (or the designee there- agement Agency uses the best available method- except as provided in paragraph (3), the Direc- of); ology to consider the impact of— tor shall not be required to set aside any (B) a member of a recognized professional sur- (I) the rise in the sea level; and amounts for the Reserve Fund. veying association or organization (II) future development on flood risk; and ‘‘(3) EXCEPTION.—If at any time after the (C) a member of a recognized professional (B) not later than 1 year after the date of en- ratio required under subsection (b) is achieved, mapping association or organization; actment of this title, prepare written rec- the Reserve Fund falls below the required ratio (D) a member of a recognized professional en- ommendations in a future conditions risk assess- under subsection (b), the Director shall place in gineering association or organization; ment and modeling report and to submit such the Reserve Fund for that fiscal year an amount (E) a member of a recognized professional as- recommendations to the Director. equal to not less than 7.5 percent of the reserve sociation or organization representing flood (2) RESPONSIBILITY OF THE DIRECTOR.—The ratio required under subsection (b). hazard determination firms; Director, as part of the ongoing program to re- ‘‘(e) LIMITATION ON RESERVE RATIO.—In any (F) a representative of the United States Geo- view and update National Flood Insurance Pro- given fiscal year, if the Director determines that logical Survey; gram rate maps under section 119, shall incor- the reserve ratio required under subsection (b) (G) a representative of a recognized profes- porate any future risk assessment submitted cannot be achieved, the Director shall submit a sional association or organization representing under paragraph (1)(B) in any such revision or report to Congress that— State geographic information; update. ‘‘(1) describes and details the specific concerns (H) a representative of State national flood in- (e) CHAIRPERSON.—The members of the Coun- of the Director regarding such consequences; surance coordination offices; cil shall elect 1 member to serve as the chair- ‘‘(2) demonstrates how such consequences (I) a representative of the Corps of Engineers; person of the Council (in this section referred to (J) the Secretary of the Interior (or the des- would harm the long-term financial soundness as the ‘‘Chairperson’’). ignee thereof); (f) COORDINATION.—To ensure that the Coun- of the flood insurance program; and (K) the Secretary of Agriculture (or the des- cil’s recommendations are consistent, to the ‘‘(3) indicates the maximum attainable reserve ignee thereof); maximum extent practicable, with national dig- ratio for that particular fiscal year.’’. (L) a member of a recognized regional flood ital spatial data collection and management SEC. 116. REPAYMENT PLAN FOR BORROWING AU- and storm water management organization; standards, the Chairperson shall consult with THORITY. (M) a representative of a State agency that the Chairperson of the Federal Geographic Data Section 1309 of the National Flood Insurance has entered into a cooperating technical part- Committee (established pursuant to OMB Cir- Act of 1968 (42 U.S.C. 4016) is amended by add- nership with the Director and has demonstrated cular A–16). ing at the end the following: the capability to produce flood insurance rate (g) COMPENSATION.—Members of the Council ‘‘(c) Any funds borrowed by the Director maps; and shall receive no additional compensation by rea- under the authority established in subsection (N) a representative of a local government son of their service on the Council. (a) shall include a schedule for repayment of agency that has entered into a cooperating tech- (h) MEETINGS AND ACTIONS.— such amounts which shall be transmitted to nical partnership with the Director and has (1) IN GENERAL.—The Council shall meet not the— demonstrated the capability to produce flood in- less frequently than twice each year at the re- ‘‘(1) Secretary of the Treasury; surance rate maps. quest of the Chairperson or a majority of its ‘‘(2) Committee on Banking, Housing, and (2) QUALIFICATIONS.—Members of the Council members, and may take action by a vote of the Urban Affairs of the Senate; and shall be appointed based on their demonstrated majority of the members. ‘‘(3) Committee on Financial Services of the knowledge and competence regarding surveying, (2) INITIAL MEETING.—The Director, or a per- House of Representatives. cartography, remote sensing, geographic infor- son designated by the Director, shall request ‘‘(d) In addition to the requirement under sub- mation systems, or the technical aspects of pre- and coordinate the initial meeting of the Coun- section (c), in connection with any funds bor- paring and using flood insurance rate maps. cil. rowed by the Director under the authority es- (c) DUTIES.—The Council shall— (i) OFFICERS.—The Chairperson may appoint tablished in subsection (a), the Director, begin- (1) recommend to the Director how to improve officers to assist in carrying out the duties of ning 6 months after the date on which such bor- in a cost-effective manner the— the Council under subsection (c). rowed funds are issued, and continuing every 6 (A) accuracy, general quality, ease of use, (j) STAFF.— months thereafter until such borrowed funds are and distribution and dissemination of flood in- (1) STAFF OF FEMA.—Upon the request of the fully repaid, shall submit a report on the surance rate maps and risk data; and Chairperson, the Director may detail, on a non- progress of such repayment to the— (B) performance metrics and milestones re- reimbursable basis, personnel of the Federal ‘‘(1) Secretary of the Treasury; quired to effectively and efficiently map flood Emergency Management Agency to assist the ‘‘(2) Committee on Banking, Housing, and risk areas in the United States; Council in carrying out its duties. Urban Affairs of the Senate; and (2) recommend to the Director mapping stand- (2) STAFF OF OTHER FEDERAL AGENCIES.— ‘‘(3) Committee on Financial Services of the ards and guidelines for— Upon request of the Chairperson, any other House of Representatives.’’. (A) flood insurance rate maps; and Federal agency that is a member of the Council SEC. 117. PAYMENT OF CONDOMINIUM CLAIMS. (B) data accuracy, data quality, data cur- may detail, on a non-reimbursable basis, per- Section 1312 of the National Flood Insurance rency, and data eligibility; sonnel to assist the Council in carrying out its Act of 1968 (42 U.S.C. 4019), as amended by sec- (3) recommend to the Director how to main- duties. (k) POWERS.—In carrying out this section, the tion 113, is further amended by adding at the tain on an ongoing basis flood insurance rate Council may hold hearings, receive evidence and end the following: maps and flood risk identification; assistance, provide information, and conduct re- ‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM (4) recommend procedures for delegating map- search, as it considers appropriate. OWNERS.—The Director may not deny payment ping activities to State and local mapping part- (l) REPORT TO CONGRESS.—The Director, on for any damage to or loss of property which is ners; an annual basis, shall report to the Committee covered by flood insurance to condominium (5) recommend to the Director and other Fed- on Banking, Housing, and Urban Affairs of the owners who purchased such flood insurance eral agencies participating in the Council— (A) methods for improving interagency and Senate, the Committee on Financial Services of separate and apart from the flood insurance intergovernmental coordination on flood map- the House of Representatives, and the Office of purchased by the condominium association in ping and flood risk determination; and Management and Budget on the— which such owner is a member, based, solely or (B) a funding strategy to leverage and coordi- (1) recommendations made by the Council; in any part, on the flood insurance coverage of nate budgets and expenditures across Federal and the condominium association or others on the agencies; and (2) actions taken by the Federal Emergency overall property owned by the condominium as- (6) submit an annual report to the Director Management Agency to address such rec- sociation. Notwithstanding any regulations, that contains— ommendations to improve flood insurance rate rules, or restrictions established by the Director (A) a description of the activities of the Coun- maps and flood risk data. relating to appeals and filing deadlines, the Di- cil; SEC. 119. NATIONAL FLOOD MAPPING PROGRAM. rector shall ensure that the requirements of this (B) an evaluation of the status and perform- (a) REVIEWING, UPDATING, AND MAINTAINING subsection are met with respect to any claims for ance of flood insurance rate maps and mapping MAPS.—The Director, in coordination with the damages resulting from flooding in 2005 and activities to revise and update flood insurance Technical Mapping Advisory Council estab- 2006.’’. rate maps, as required under section 119; and lished under section 118, shall establish an on- SEC. 118. TECHNICAL MAPPING ADVISORY COUN- (C) a summary of recommendations made by going program under which the Director shall CIL. the Council to the Director. review, update, and maintain National Flood (a) ESTABLISHMENT.—There is established a (d) FUTURE CONDITIONS RISK ASSESSMENT AND Insurance Program rate maps in accordance council to be known as the Technical Mapping MODELING REPORT.— with this section. Advisory Council (in this section referred to as (1) IN GENERAL.—The Council shall consult (b) MAPPING.— the ‘‘Council’’). with scientists and technical experts, other Fed- (1) IN GENERAL.—In carrying out the program (b) MEMBERSHIP.— eral agencies, States, and local communities to— established under subsection (a), the Director (1) IN GENERAL.—The Council shall consist of (A) develop recommendations on how to— shall— the Director, or the designee thereof, and 12 ad- (i) ensure that flood insurance rate maps in- (A) identify, review, update, maintain, and ditional members to be appointed by the Director corporate the best available climate science to publish National Flood Insurance Program rate or the designee of the Director, who shall be— assess flood risks; and maps with respect to—

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.009 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4065 (i) all areas located within the 100-year flood- (C) compliant with the North American each of the Federal agencies working on flood plain; Vertical Datum of 1998 for New Hydrologic and risk determination data and digital elevation (ii) all areas located within the 500-year flood- Hydraulic Engineering. models, including any planned interagency or plain; (d) COMMUNICATION AND OUTREACH.— intraagency transfers. (iii) areas of residual risk that have not pre- (1) IN GENERAL.—The Director shall— (b) DUTIES OF THE DIRECTOR.—In carrying viously been identified, including areas that are (A) work to enhance communication and out- out sections 118 and 119, the Director shall— protected levees, dams, and other man-made reach to States, local communities, and property (1) participate, pursuant to section 216 of Pub- structures; and owners about the effects of— lic Law 107–347 (116 Stat. 2945), in the establish- (iv) areas that could be inundated as a result (i) any potential changes to National Flood ment of such standards and common protocols of the failure of a levee, dam, or other man- Insurance Program rate maps that may result as are necessary to assure the interoperability of made structure; from the mapping program required under this geospatial data for all users of such informa- (v) the level of protection provided by man- section; and tion; made structures. (ii) that any such changes may have on flood (2) coordinate with, seek assistance and co- (B) establish or update flood-risk zone data in insurance purchase requirements; and operation of, and provide liaison to the Federal all such areas, and make estimates with respect (B) engage with local communities to enhance Geographic Data Committee pursuant to Office to the rates of probable flood caused loss for the communication and outreach to the residents of of Management and Budget Circular A–16 and various flood risk zones for each such area; and (C) use, in identifying, reviewing, updating, such communities on the matters described Executive Order 12906 for the implementation of and compliance with such standards; maintaining, or publishing any National Flood under subparagraph (A). (3) integrate with, leverage, and coordinate Insurance Program rate map required under this (2) REQUIRED ACTIVITIES.—The communica- funding of, to the maximum extent practicable, section or under the National Flood Insurance tion and outreach activities required under the current flood mapping activities of each unit Act of 1968, the most accurate topography and paragraph (1) shall include— of State and local government; elevation data available. (A) notifying property owners when their (2) MAPPING ELEMENTS.—Each map updated properties become included in, or when they are (4) integrate with, leverage, and coordinate, to under this section shall: excluded from, an area having special flood the maximum extent practicable, the current (A) GROUND ELEVATION DATA.—Assess the ac- hazards and the effect of such inclusion or ex- geospatial activities of other Federal agencies curacy of current ground elevation data used clusion on the applicability of the mandatory and units of State and local government; and for hydrologic and hydraulic modeling of flood- flood insurance purchase requirement under (5) develop a funding strategy to leverage and ing sources and mapping of the flood hazard section 102 of the Flood Disaster Protection Act coordinate budgets and expenditures, and to es- and wherever necessary acquire new ground ele- of 1973 (42 U.S.C. 4012a) to such properties; tablish joint funding mechanisms with other vation data utilizing the most up-to-date (B) educating property owners regarding the Federal agencies and units of State and local geospatial technologies in accordance with the flood risk and reduction of this risk in their government to share the collection and utiliza- existing guidelines and specifications of the community, including the continued flood risks tion of geospatial data among all governmental Federal Emergency Management Agency. to areas that are no longer subject to the flood users. (B) DATA ON A WATERSHED BASIS.—Develop insurance mandatory purchase requirement; SEC. 122. INTERAGENCY COORDINATION STUDY. National Flood Insurance Program flood data (C) educating property owners regarding the (a) IN GENERAL.—The Director shall enter into on a watershed basis— benefits and costs of maintaining or acquiring a contract with the National Academy of Public (i) to provide the most technically effective flood insurance, including, where applicable, Administration to conduct a study on how the and efficient studies and hydrologic and hy- lower-cost preferred risk policies under the Na- Federal Emergency Management Agency— draulic modeling; and tional Flood Insurance Act of 1968 (42 U.S.C. (1) should improve interagency and intergov- (ii) to eliminate, to the maximum extent pos- 4011 et seq.) for such properties and the contents ernmental coordination on flood mapping, in- sible, discrepancies in base flood elevations be- of such properties; cluding a funding strategy to leverage and co- tween adjacent political subdivisions. (D) educating property owners about flood ordinate budgets and expenditures; and (3) OTHER INCLUSIONS.—In updating maps map revisions and the process available such (2) can establish joint funding mechanisms under this section, the Director shall include— owners to appeal proposed changes in flood ele- with other Federal agencies and units of State (A) any relevant information on coastal inun- vations through their community; and and local government to share the collection dation from— (E) encouraging property owners to maintain and utilization of data among all governmental (i) an applicable inundation map of the Corps or acquire flood insurance coverage. users. of Engineers; and (e) AUTHORIZATION OF APPROPRIATIONS.— (ii) data of the National Oceanic and Atmos- (b) TIMING.—Not later than 180 days after the There is authorized to be appropriated to the pheric Administration relating to storm surge date of enactment of this title, the National Director to carry out this section $400,000,000 for modeling; Academy of Public Administration shall report (B) any relevant information of the United each of fiscal years 2008 through 2013. the findings of the study required under sub- States Geological Survey on stream flows, water- SEC. 120. REMOVAL OF LIMITATION ON STATE section (a) to the— shed characteristics, and topography that is CONTRIBUTIONS FOR UPDATING (1) Committee on Banking, Housing, and FLOOD MAPS. useful in the identification of flood hazard Urban Affairs of the Senate; areas, as determined by the Director; Section 1360(f)(2) of the National Flood Insur- (2) Committee on Financial Services of the (C) any relevant information on land subsid- ance Act of 1968 (42 U.S.C. 4101(f)(2)) is amend- House of Representatives; ence, coastal erosion areas, and other floor-reed by striking ‘‘, but which may not exceed 50 (3) Committee on Appropriations of the Sen- lated hazards; percent of the cost of carrying out the requested ate; and (D) any relevant information or data of the revision or update’’. (4) Committee on Appropriations of the House National Oceanic and Atmospheric Administra- SEC. 121. COORDINATION. of Representatives. tion and the United States Geological Survey re- (a) INTERAGENCY BUDGET CROSSCUT RE- SEC. 123. NONMANDATORY PARTICIPATION. lating to the best available climate science and PORT.— (a) NONMANDATORY PARTICIPATION IN NA- the potential for future inundation from sea (1) IN GENERAL.—The Secretary of Homeland TIONAL FLOOD INSURANCE PROGRAM FOR 500- level rise, increased precipitation, and increased Security, the Director, the Director of the Office YEAR FLOODPLAIN.—Any area located within intensity of hurricanes due to global warming; of Management and Budget, and the heads of the 500-year floodplain shall not be subject to and each Federal department or agency carrying out the mandatory purchase requirements of sec- (E) any other relevant information as may be activities under sections 118 and 119 shall work tions 102 or 202 of the Flood Disaster Protection recommended by the Technical Mapping Advi- together to ensure that flood risk determination Act of 1973 (42 U.S.C. 4012a, 4106). sory Committee. data and geospatial data are shared among Fed- (b) NOTICE.— (c) STANDARDS.—In updating and maintaining eral agencies in order to coordinate the efforts (1) BY DIRECTOR.—In carrying out the Na- maps under this section, the Director shall— of the Nation to reduce its vulnerability to tional Flood Insurance Program, the Director (1) establish standards to— flooding hazards. shall provide notice to any community located (A) ensure that maps are adequate for— (2) REPORT.—Not later than 30 days after the in an area within the 500-year floodplain. (i) flood risk determinations; and (ii) use by State and local governments in submission of the budget of the United States (2) TIMING OF NOTICE.—The notice required managing development to reduce the risk of Government by the President to Congress, the under paragraph (1) shall be made not later flooding; and Director of the Office of Management and than 6 months after the date of completion of (B) facilitate identification and use of con- Budget, in coordination with the Federal Emer- the initial mapping of the 500-year floodplain, sistent methods of data collection and analysis gency Management Agency, the United States as required under section 118. by the Director, in conjunction with State and Geological Survey, the National Oceanic and (3) LENDER REQUIRED NOTICE.— local governments, in developing maps for com- Atmospheric Administration, the Corps of Engi- (A) REGULATED LENDING INSTITUTIONS.—Each munities with similar flood risks, as determined neers, and other Federal agencies, as appro- Federal or State entity for lending regulation by the Director; and priate, shall submit to the appropriate author- (after consultation and coordination with the (2) publish maps in a format that is— izing and appropriating committees of the Sen- Federal Financial Institutions Examination (A) digital geospatial data compliant; ate and the House of Representatives a finan- Council) shall, by regulation, require regulated (B) compliant with the open publishing and cial report, certified by the Secretary or head of lending institutions, as a condition of making, data exchange standards established by the each such agency, an interagency budget cross- increasing, extending, or renewing any loan se- Open Geospatial Consortium; and cut report that displays the budget proposed for cured by property located in an area within the

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.009 S13MYPT1 smartinez on PROD1PC64 with SENATE S4066 CONGRESSIONAL RECORD — SENATE May 13, 2008 500-year floodplain, to notify the purchaser or participation of representatives of the Director loss covered by a personal lines residential prop- lessee (or obtain satisfactory assurances that the in a program sponsored by such State for non- erty insurance policy— seller or lessor has notified the purchaser or les- binding mediation of insurance claims resulting ‘‘(1) this section shall not apply; and see) and the servicer of the loan that such prop- from a major disaster, the Director shall cause ‘‘(2) the provisions of the standard flood in- erty is located in an area within the 500-year representatives of the flood insurance program surance policy under the national flood insur- floodplain, in a manner that is consistent with to participate in such a State program where ance program and the appeals process estab- and substantially identical to the notice re- claims under the flood insurance program are lished under section 205 of the Bunning-Bereu- quired under section 1364(a)(1) of the National involved to expedite settlement of flood damage ter-Blumen-auer Flood Insurance Reform Act of Flood Insurance Act of 1968 (42 U.S.C. claims resulting from such disaster. 2004 (42 U.S.C. 4011 note) and the regulations 4104a(a)(1)). ‘‘(b) EXTENT OF PARTICIPATION.—In satisfying issued pursuant to such section shall apply ex- (B) FEDERAL OR STATE AGENCY LENDERS.— the requirements of subsection (a), the Director clusively. Each Federal or State agency lender shall, by shall require that each representative of the Di- ‘‘(j) REPRESENTATIVES OF THE DIRECTOR.—For regulation, require notification in the same rector— purposes of this section, the term ‘representa- manner as provided under subparagraph (A) ‘‘(1) be certified for purposes of the flood in- tives of the Director’ means representatives of with respect to any loan that is made by a Fed- surance program to settle claims against such the national flood insurance program who par- eral or State agency lender and secured by prop- program resulting from such disaster in amounts ticipate in the appeals process established under erty located in an area within the 500-year up to the limits of policies under such program; section 205 of the Bunning-Bereuter- floodplain. ‘‘(2) attend State-sponsored mediation meet- Blumenauer Flood Insurance Reform Act of 2004 (C) PENALTY FOR NONCOMPLIANCE.—Any regu- ings regarding flood insurance claims resulting (42 U.S.C. 4011 note).’’. lated lending institution or Federal or State from such disaster at such times and places as SEC. 127. REITERATION OF FEMA RESPONSIBIL- agency lender that fails to comply with the no- may be arranged by the State; ITIES UNDER THE 2004 REFORM ACT. tice requirements established by this paragraph ‘‘(3) participate in good faith negotiations to- (a) MINIMUM TRAINING AND EDUCATION RE- shall be subject to the penalties prescribed under ward the settlement of such claims with policy- QUIREMENTS.—The Director shall continue to section 102(f)(5) of the Flood Disaster Protection holders of coverage made available under the work with the insurance industry, State insur- Act of 1973 (42 U.S.C. 4012a(f)(5)). flood insurance program; and ance regulators, and other interested parties to SEC. 124. NOTICE OF FLOOD INSURANCE AVAIL- ‘‘(4) finalize the settlement of such claims on implement the minimum training and education ABILITY UNDER RESPA. behalf of the flood insurance program with such standards for all insurance agents who sell Section 5(b) of the Real Estate Settlement Pro- policyholders. flood insurance policies, as such standards were cedures Act of 1974 (12 U.S.C. 2604(b)) is amend- ‘‘(c) COORDINATION.—Representatives of the determined by the Director in the notice pub- ed— Director shall at all times coordinate their ac- lished in the Federal Register on September 1, (1) in paragraph (4), by striking ‘‘; and’’ and tivities with insurance officials of the State and 2005 (70 Fed. Reg. 52117) pursuant to section 207 inserting a semicolon; representatives of insurers for the purposes of of the Bunning-Bereuter-Blumenauer Flood In- (2) in paragraph (5), by striking the period consolidating and expediting settlement of surance Reform Act of 2004 (42 U.S.C. 4011 and inserting ‘‘; and’’; and claims under the national flood insurance pro- note). (3) by adding at the end the following: gram resulting from such disaster. (b) REPORT ON THE OVERALL IMPLEMENTATION ‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each ‘‘(6) an explanation of flood insurance and OF THE REFORM ACT OF 2004.—Not later than 3 the availability of flood insurance under the State mediator participating in State-sponsored months after the date of the enactment of this National Flood Insurance Program, whether or mediation under this section shall be— title, the Director shall submit a report to Con- not the real estate is located in an area having ‘‘(1)(A) a member in good standing of the gress— special flood hazards.’’. State bar in the State in which the mediation is (1) describing the implementation of each pro- to occur with at least 2 years of practical experi- SEC. 125. TESTING OF NEW FLOODPROOFING vision of the Bunning-Bereuter-Blumenauer TECHNOLOGIES. ence; and Flood Insurance Reform Act of 2004 (Public Law ‘‘(B) an active member of such bar for at least (a) PERMISSIBLE TESTING.—A temporary resi- 108–264; 118 Stat. 712); 1 year prior to the year in which such medi- dential structure built for the purpose of testing (2) identifying each regulation, order, notice, ator’s participation is sought; or a new flood proofing technology, as described in and other material issued by the Director in im- ‘‘(2) a retired trial judge from any United subsection (b), in any State or community that plementing each provision of that Act; States jurisdiction who was a member in good receives mitigation assistance under section 1366 (3) explaining any statutory or implied dead- standing of the bar in the State in which the of the National Flood Insurance Act of 1968 (42 lines that have not been met; and judge presided for at least 5 years prior to the U.S.C. 4104c) may not be construed to be in vio- (4) providing an estimate of when the require- year in which such mediator’s participation is lation of any flood risk mitigation plan devel- ments of such missed deadlines will be fulfilled. sought. oped by that State or community and approved ‘‘(e) MEDIATION PROCEEDINGS AND DOCU- SEC. 128. ADDITIONAL AUTHORITY OF FEMA TO by the Director of the Federal Emergency Man- COLLECT INFORMATION ON CLAIMS MENTS PRIVILEGED.—As a condition of partici- agement Agency. PAYMENTS. pation, all statements made and documents pro- (b) CONDITIONS ON TESTING.—Testing per- (a) IN GENERAL.—The Director shall collect, duced pursuant to State-sponsored mediation mitted under subsection (a) shall— from property and casualty insurance compa- involving representatives of the Director shall be (1) be performed on an uninhabited residential nies that are authorized by the Director to par- deemed privileged and confidential settlement structure; ticipate in the Write Your Own program any in- negotiations made in anticipation of litigation. (2) require dismantling of the structure at the formation and data needed to determine the ac- ‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT conclusion of such testing; and curacy of the resolution of flood claims filed on AFFECTED.—Participation in State-sponsored (3) require that all costs associated with such mediation, as described in this section does any property insured with a standard flood in- testing and dismantling be covered by the indi- not— surance policy obtained under the program that vidual or entity conducting the testing, or on ‘‘(1) affect or expand the liability of any party was subject to a flood. whose behalf the testing is conducted. in contract or in tort; or (b) TYPE OF INFORMATION TO BE COL- (c) RULE OF CONSTRUCTION.—Nothing in this ‘‘(2) affect the rights or obligations of the par- LECTED.—The information and data to be col- section shall be construed to alter, limit, or ex- ties, as established— lected under subsection (a) may include— tend the availability of flood insurance to any ‘‘(A) in any regulation issued by the Director, (1) any adjuster estimates made as a result of structure that may employ, utilize, or apply any including any regulation relating to a standard flood damage, and if the insurance company technology tested under subsection (b). flood insurance policy; also insures the property for wind damage— SEC. 126. PARTICIPATION IN STATE DISASTER ‘‘(B) under this Act; and (A) any adjuster estimates for both wind and CLAIMS MEDIATION PROGRAMS. ‘‘(C) under any other provision of Federal flood damage; Chapter I of the National Flood Insurance Act law. (B) the amount paid to the property owner for of 1968 (42 U.S.C. 4011 et seq.) is amended by in- ‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Par- wind and flood claims; serting after section 1313 the following: ticipation in State-sponsored mediation shall (C) the total amount paid to the policyholder ‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER not alter, change, or modify the original exclu- for damages as a result of the event that caused CLAIMS MEDIATION PROGRAMS. sive jurisdiction of United States courts, as set the flooding and other losses; ‘‘(a) REQUIREMENT TO PARTICIPATE.—In the forth in this Act. (2) any amounts paid to the policyholder by case of the occurrence of a major disaster, as de- ‘‘(h) COST LIMITATION.—Nothing in this sec- the insurance company for damages to the in- fined in section 102 of the Robert T. Stafford tion shall be construed to require the Director or sured property other than flood damages; and Disaster Relief and Emergency Assistance Act a representative of the Director to pay addi- (3) the total amount paid to the policyholder (42 U.S.C. 5122) that may have resulted in flood tional mediation fees relating to flood insurance by the insurance company for all damages in- damage under the flood insurance program es- claims associated with a State-sponsored medi- curred to the insured property as a result of the tablished under this chapter and other personal ation program in which such representative of flood. lines residential property insurance coverage of- the Director participates. SEC. 129. EXPENSE REIMBURSEMENTS OF INSUR- fered by a State regulated insurer, upon request ‘‘(i) EXCEPTION.—In the case of the occur- ANCE COMPANIES. made by the insurance commissioner of a State rence of a major disaster that results in flood (a) SUBMISSION OF BIENNIAL REPORTS.— (or such other official responsible for regulating damage claims under the national flood insur- (1) TO THE DIRECTOR.—Not later than 20 days the business of insurance in the State) for the ance program and that does not result in any after the date of enactment of this title, each

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property and casualty insurance company that (1) STUDY.—Not later than 180 days after the the Director so determines, at a rate fixed under is authorized by the Director to participate in effective date of the final rule established pursu- section 9503 of such title; the Write Your Own program shall submit to the ant to subsection (d), the Comptroller General of ‘‘(B) be appointed by the Director without re- Director any biennial report prepared in the the United States shall— gard to political affiliation; prior 5 years by such company. (A) conduct a study on the efficacy, ade- ‘‘(C) report to and be under the general super- (2) TO GAO.—Not later than 10 days after the quacy, and sufficiency of the final rules estab- vision of the Director, but shall not report to, or submission of the biennial reports under para- lished pursuant to subsections (b) and (d); and be subject to supervision by, any other officer of graph (1), the Director shall submit all such re- (B) report to the Committee on Banking, the Federal Emergency Management Agency; ports to the Comptroller General of the United Housing, and Urban Affairs of the Senate and and States. the Committee on Financial Services of the ‘‘(D) consult with the Assistant Administrator (3) NOTICE TO CONGRESS OF FAILURE TO COM- House of Representatives on the findings of the for Mitigation or any successor thereto, but PLY.—The Director shall notify and report to study conducted under subparagraph (A). shall not report to, or be subject to the general the Committee on Banking, Housing, and Urban (2) GAO AUTHORITY.—In conducting the study supervision by, the Assistant Administrator for Affairs of the Senate and the Committee on Fi- and report required under paragraph (1), the Mitigation or any successor thereto. nancial Services of the House of Representatives Comptroller General— ‘‘(2) QUALIFICATIONS.—An individual ap- on any property and casualty insurance com- (A) may use any previous findings, studies, or pointed under paragraph (1)(B) shall have a pany participating in the Write Your Own pro- reports that the Comptroller General previously background in customer service, or experience gram that failed to submit its biennial reports as completed on the Write Your Own program; representing insureds, as well as experience in required under paragraph (1). (B) shall determine if— investigations or audits. ‘‘(3) RESTRICTION ON EMPLOYMENT.—An indi- (4) FAILURE TO COMPLY.—A property and cas- (i) the final rules established pursuant to sub- ualty insurance company that is authorized by vidual may be appointed as the National Flood sections (b) and (d) allow the Federal Emer- the Director to participate in the Write Your Insurance Advocate only if such individual was gency Management Agency to access adequate Own program which fails to comply with the re- not an officer or employee of the Federal Emer- information regarding the actual expenses of porting requirement under this subsection or the gency Management Agency with duties relating property and casualty insurance companies par- requirement under section 62.23(j)(1) of title 44, to the national flood insurance program during ticipating in the Write Your Own program; and Code of Federal Regulations (relating to bien- the 2-year period ending with such appointment (ii) the actual reimbursements paid out under nial audit of the flood insurance financial state- and such individual agrees not to accept any the final rule established in subsection (d) accu- ments) shall be subject to a civil penalty in an employment with the Federal Emergency Man- rately reflect the expenses reported by property amount equal to $1,000 per day for each day agement Agency for at least 2 years after ceas- and casualty insurance companies participating that the company remains in noncompliance ing to be the National Flood Insurance Advo- in the Write Your Own program, including the with either such requirement. cate. Service as an employee of the National standard business costs and operating expenses (b) FEMA RULEMAKING ON EXPENSES OF WYO Flood Insurance Advocate shall not be taken of such companies; and PROGRAM.—Not later than 180 days after the into account in applying this paragraph. (C) shall analyze the effect of such rules on date of enactment of this title, the Director shall ‘‘(4) STAFF.—To the extent amounts are pro- the level of participation of property and cas- conduct a rulemaking proceeding to devise a vided pursuant to subsection (n), the National ualty insurers in the Write Your Own program. data collection methodology to allow the Fed- Flood Insurance Advocate may employ such eral Emergency Management Agency to collect SEC. 130. EXTENSION OF PILOT PROGRAM FOR personnel as may be necessary to carry out the consistent information on the expenses (includ- MITIGATION OF SEVERE REPETITIVE duties of the Office. LOSS PROPERTIES. ing the operating and administrative expenses ‘‘(5) INDEPENDENCE.—The Director shall not for adjustment of claims) of property and cas- (a) IN GENERAL.—Section 1361A of the Na- prevent or prohibit the National Flood Insur- ualty insurance companies participating in the tional Flood Insurance Act of 1968 (42 U.S.C. ance Advocate from initiating, carrying out, or Write Your Own program for selling, writing, 4102a) is amended— completing any audit or investigation, or from and servicing, standard flood insurance policies. (1) in subsection (k)(1)— issuing any subpoena or summons during the (c) SUBMISSION OF EXPENSE REPORTS.—Not (A) in the first sentence, by striking ‘‘in each course of any audit or investigation. later than 60 days after the effective date of the of fiscal years 2005, 2006, 2007, 2008, and 2009’’ ‘‘(6) REMOVAL.—The President and the Direc- final rule established pursuant to subsection (b), and inserting ‘‘in each fiscal year through fiscal tor shall have the power to remove, discharge, each property and casualty insurance company year 2013’’; and or dismiss the National Flood Insurance Advo- participating in the Write Your Own program (B) by adding at the end the following new cate. Not later than 15 days after the removal, shall submit a report to the Director that details sentence: ‘‘For fiscal years 2008 through the discharge, or dismissal of the Advocate, the for the prior 5 years the expense levels of each 2013, the total amount that the Director may use President or the Director shall report to the such company for selling, writing, and servicing to provide assistance under this section shall Committee on Banking of the Senate and the standard flood insurance policies based on the not exceed $240,000,000.’’; and Committee on Financial Services of the House of methodologies established under subsection (b). (2) by striking subsection (l). Representatives on the basis for such removal, (d) FEMA RULEMAKING ON REIMBURSEMENT (b) REPORT TO CONGRESS ON IMPLEMENTATION discharge, or dismissal. OF EXPENSES UNDER THE WYO PROGRAM.—Not STATUS.—Not later than 6 months after the date ‘‘(b) FUNCTIONS OF OFFICE.—It shall be the later than 15 months after the date of enactment of enactment of this title, the Director shall re- function of the Office of the Flood Insurance of this title, the Director shall conduct a rule- port to the Committee on Banking, Housing, Advocate to— making proceeding to formulate revised expense and Urban Affairs of the Senate and the Com- ‘‘(1) assist injure under the national flood in- reimbursements to property and casualty insur- mittee on Financial Services of the House of surance program in resolving problems with the ance companies participating in the Write Your Representatives on the status of the implementa- Federal Emergency Management Agency relat- Own program for their expenses (including their tion of the pilot program for severe repetitive ing to such program; operating and administrative expenses for ad- loss properties authorized under section 1361A of ‘‘(2) identify areas in which such injure have justment of claims) in selling, writing, and serv- the National Flood Insurance Act of 1968 (42 problems in dealings with the Federal Emer- icing standard flood insurance policies, includ- U.S.C. 4102a). gency Management Agency relating to such pro- ing how such companies shall be reimbursed in (c) RULEMAKING.—No later than 90 days after gram; both catastrophic and non-catastrophic years. the date of enactment of this title, the Director ‘‘(3) propose changes in the administrative Such reimbursements shall be structured to en- shall issue final rules to carry out the severe re- practices of the Federal Emergency Management sure reimbursements track the actual expenses, petitive loss pilot program authorized under sec- Agency to mitigate problems identified under including standard business costs and operating tion 1361A of the National Flood Insurance Act paragraph (2); expenses, of such companies as close as prac- of 1968 (42 U.S.C. 4102a). ‘‘(4) identify potential legislative, administra- ticably possible. SEC. 131. FLOOD INSURANCE ADVOCATE. tive, or regulatory changes which may be appro- (e) REPORT OF THE DIRECTOR.—Not later than priate to mitigate such problems; Chapter II of the National Flood Insurance 60 days after the effective date of any final rule ‘‘(5) conduct, supervise, and coordinate— Act of 1968 is amended by inserting after section established pursuant to subsection (b) or sub- ‘‘(A) systematic and random audits and inves- 1330 (42 U.S.C. 4041) the following new section: section (d), the Director shall submit to the tigations of insurance companies and associated Committee on Banking, Housing, and Urban Af- ‘‘SEC. 1330A. OFFICE OF THE FLOOD INSURANCE entities that sell or offer policies under the Na- ADVOCATE. fairs of the Senate and the Committee on Finan- tional Flood Insurance Program to determine cial Services of the House of Representatives a ‘‘(a) ESTABLISHMENT OF POSITION.— whether such insurance companies or associated report containing— ‘‘(1) IN GENERAL.—There shall be in the Fed- entities are allocating only flood losses under (1) the specific rationale and purposes of such eral Emergency Management Agency an Office such insurance policies to the National Flood rule; of the Flood Insurance Advocate which shall be Insurance Program; and (2) the reasons for the adoption of the policies headed by the National Flood Insurance Advo- ‘‘(B) audits and investigations to determine if contained in such rule; and cate. The National Flood Insurance Advocate an insurance company or associated entity de- (3) the degree to which such rule accurately shall— scribed under subparagraph (A) is negotiating represents the true operating costs and expenses ‘‘(A) to the extent amounts are provided pur- on behalf of the National Flood Insurance Pro- of property and casualty insurance companies suant to subsection (n), be compensated at the gram with third parties in good faith; participating in the Write Your Own program. same rate as the highest rate of basic pay estab- ‘‘(6) conduct, supervise, and coordinate inves- (f) GAO STUDY AND REPORT ON EXPENSES OF lished for the Senior Executive Service under tigations into the operations of the national WYO PROGRAM.— section 5382 of title 5, United States Code, or, if flood insurance program for the purpose of—

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.010 S13MYPT1 smartinez on PROD1PC64 with SENATE S4068 CONGRESSIONAL RECORD — SENATE May 13, 2008 ‘‘(A) promoting economy and efficiency in the ‘‘(4) establish temporary State or local offices comment from the Director, the Secretary of administration of such program; where necessary to meet the needs of qualified Homeland Security, or any other officer or em- ‘‘(B) preventing and detecting fraud and insureds following a flood event. ployee of the Federal Emergency Management abuse in the program; and ‘‘(e) OTHER RESPONSIBILITIES.— Agency or the Department of Homeland Secu- ‘‘(C) identifying, and referring to the Attorney ‘‘(1) ADDITIONAL REQUIREMENTS RELATING TO rity, or the Office of Management and Budget. General for prosecution, any participant in such CERTAIN AUDITS.—Prior to conducting any audit ‘‘(3) INFORMATION AND ASSISTANCE FROM fraud or abuse; and or investigation relating to the allocation of OTHER AGENCIES.— ‘‘(7) identify and investigate conflicts of inter- flood losses under subsection (b)(5)(A), the Na- ‘‘(A) IN GENERAL.—Upon request of the Na- est that undermine the economy and efficiency tional Flood Insurance Advocate may— tional Flood Insurance Advocate for informa- of the national flood insurance program. ‘‘(A) consult with appropriate subject-matter tion or assistance under this section, the head of ‘‘(c) AUTHORITY OF THE NATIONAL FLOOD IN- experts to identify the data necessary to deter- any Federal agency shall, insofar as is prac- SURANCE ADVOCATE.—The National Flood In- mine whether flood claims paid by insurance ticable and not in contravention of any statu- surance Advocate may— companies or associated entities on behalf the tory restriction or regulation of the Federal ‘‘(1) have access to all records, reports, audits, national flood insurance program reflect dam- agency from which the information is requested, reviews, documents, papers, recommendations, ages caused by flooding; furnish to the National Flood Insurance Advo- or other material available to the Director which ‘‘(B) collect or compile the data identified in cate, or to an authorized designee of the Na- relate to administration or operation of the na- subparagraph (A), utilizing existing data tional Flood Insurance Advocate, such informational flood insurance program with respect to sources to the maximum extent practicable; and tion or assistance. which the National Flood Insurance Advocate ‘‘(C) establish policies, procedures, and guide- ‘‘(B) REFUSAL TO COMPLY.—Whenever infor- has responsibilities under this section, including lines for application of such data in all audits mation or assistance requested under this sub- information submitted pursuant to Section 128 and investigations authorized under this sec- section is, in the judgment of the National Flood of this Act; tion. Insurance Advocate, unreasonably refused or ‘‘(2) undertake such investigations and re- ‘‘(2) ANNUAL REPORTS.— not provided, the National Flood Insurance Ad- ports relating to the administration or operation ‘‘(A) ACTIVITIES.—Not later than December 31 vocate shall report the circumstances to the Di- of the national flood insurance program as are, of each calendar year, the National Flood In- rector without delay. in the judgment of the National Flood Insur- surance Advocate shall report to the Committee ‘‘(f) COMPLIANCE WITH GAO STANDARDS.—In ance Advocate, necessary or desirable; on Banking, Housing, and Urban Affairs of the carrying out the responsibilities established ‘‘(3) request such information or assistance as Senate and the Committee on Financial Services under this section, the National Flood Insur- may be necessary for carrying out the duties of the House of Representatives on the activities ance Advocate shall— and responsibilities provided by this section of the Office of the Flood Insurance Advocate ‘‘(1) comply with standards established by the from any Federal, State, or local governmental during the fiscal year ending during such cal- Comptroller General of the United States for au- agency or unit thereof; endar year. Any such report shall contain a full dits of Federal establishments, organizations, ‘‘(4) request the production of information, and substantive analysis of such activities, in programs, activities, and functions; documents, reports, answers, records (including addition to statistical information, and shall— ‘‘(2) establish guidelines for determining when ‘‘(i) identify the initiatives the Office of the phone records), accounts, papers, emails, hard it shall be appropriate to use non-Federal audi- Flood Insurance Advocate has taken on improv- drives, backup tapes, software, audio or visual tors; ing services for insureds under the national aides, and any other data and documentary evi- ‘‘(3) take appropriate steps to assure that any flood insurance program and responsiveness of dence necessary in the performance of the func- work performed by non-Federal auditors com- the Federal Emergency Management Agency tions assigned to the National Flood Insurance plies with the standards established by the with respect to such initiatives; Advocate by this section; Comptroller General as described in paragraph ‘‘(ii) describe the nature of recommendations ‘‘(5) request the testimony of any person in (1); and made to the Director under subsection (i); ‘‘(4) take the necessary steps to minimize the the employ of any insurance company or associ- ‘‘(iii) contain a summary of the most serious publication of proprietary and trade secrets in- ated entity participating in the National Flood problems encountered by such insureds, includ- formation. Insurance Program, described under subsection ing a description of the nature of such problems; ‘‘(g) PERSONNEL ACTIONS.— (b)(5)(A), or any successor to such company or ‘‘(iv) contain an inventory of any items de- ‘‘(1) IN GENERAL.—The National Flood Insur- entity, including any member of the board of scribed in clauses (i), (ii), and (iii) for which ac- ance Advocate shall have the responsibility and such company or entity, any trustee of such tion has been taken and the result of such ac- authority to— company or entity, any partner in such com- tion; ‘‘(A) appoint regional flood insurance advo- pany or entity, or any agent or representative of ‘‘(v) contain an inventory of any items de- cates in a manner that will provide appropriate such company or entity; scribed in clauses (i), (ii), and (iii) for which ac- coverage based upon regional flood insurance ‘‘(6) select, appoint, and employ such officers tion remains to be completed and the period dur- program participation; and and employees as may be necessary for carrying ing which each item has remained on such in- ‘‘(B) hire, evaluate, and take personnel ac- out the functions, powers, and duties of the Of- ventory; tions (including dismissal) with respect to any fice subject to the provisions of title 5, United ‘‘(vi) contain an inventory of any items de- employee of any regional office of a flood insur- States Code, governing appointments in the scribed in clauses (i), (ii), and (iii) for which no ance advocate described in subparagraph (A). competitive service, and the provisions of chap- action has been taken, the period during which ‘‘(2) CONSULTATION.—The National Flood In- ter 51 and subchapter III of chapter 53 of such each item has remained on such inventory and surance Advocate may consult with the appro- title relating to classification and General the reasons for the inaction; priate supervisory personnel of the Federal Schedule pay rates; ‘‘(vii) identify any Flood Insurance Assistance Emergency Management Agency in carrying out ‘‘(7) obtain services as authorized by section Recommendation which was not responded to by the National Flood Insurance Advocate’s re- 3109 of title 5, United States Code, at daily rates the Director in a timely manner or was not fol- sponsibilities under this subsection. not to exceed the equivalent rate prescribed for lowed, as specified under subsection (i); ‘‘(h) OPERATION OF REGIONAL OFFICES.— the rate of basic pay for a position at level IV ‘‘(viii) contain recommendations for such ad- ‘‘(1) IN GENERAL.—Each regional flood insur- of the Executive Schedule; and ministrative and legislative action as may be ap- ance advocate appointed pursuant to subsection ‘‘(8) to the extent and in such amounts as may propriate to resolve problems encountered by (d)— be provided in advance by appropriations Acts, such insureds; ‘‘(A) shall report to the National Flood Insur- enter into contracts and other arrangements for ‘‘(ix) identify areas of the law or regulations ance Advocate or delegate thereof; audits, studies, analyses, and other services relating to the national flood insurance program ‘‘(B) may consult with the appropriate super- with public agencies and with private persons, that impose significant compliance burdens on visory personnel of the Federal Emergency Man- and to make such payments as may be necessary such insureds or the Federal Emergency Man- agement Agency regarding the daily operation to carry out the provisions of this section. agement Agency, including specific rec- of the regional office of the flood insurance ad- ‘‘(d) ADDITIONAL DUTIES OF THE NFIA.—The ommendations for remedying these problems; vocate; National Flood Insurance Advocate shall— ‘‘(x) identify the most litigated issues for each ‘‘(C) shall, at the initial meeting with any in- ‘‘(1) monitor the coverage and geographic al- category of such insureds, including rec- sured under the national flood insurance pro- location of regional offices of flood insurance ommendations for mitigating such disputes; gram seeking the assistance of a regional office advocates; ‘‘(xi) identify ways to promote the economy, of the flood insurance advocate, notify such in- ‘‘(2) develop guidance to be distributed to all efficiency, and effectiveness in the administra- sured that the flood insurance advocate offices Federal Emergency Management Agency officers tion of the national flood insurance program; operate independently of any other Federal and employees having duties with respect to the ‘‘(xii) identify fraud and abuse in the na- Emergency Management Agency office and re- national flood insurance program, outlining the tional flood insurance program; and port directly to Congress through the National criteria for referral of inquiries by insureds ‘‘(xiii) include such other information as the Flood Insurance Advocate; and under such program to regional offices of flood National Flood Insurance Advocate may deem ‘‘(D) may, at the flood insurance advocate’s insurance advocates; advisable. discretion, not disclose to the Director contact ‘‘(3) ensure that the local telephone number ‘‘(B) DIRECT SUBMISSION OF REPORT.—Each with, or information provided by, such insured. for each regional office of the flood insurance report required under this paragraph shall be ‘‘(2) MAINTENANCE OF INDEPENDENT COMMU- advocate is published and available to such in- provided directly to the committees identified in NICATIONS.—Each regional office of the flood insureds served by the office; and subparagraph (A) without any prior review or surance advocate shall maintain a separate

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phone, facsimile, and other electronic commu- ‘‘(l) AUTHORITY OF THE DIRECTOR TO LEVY Code of Federal Regulations, would have on the nication access. PENALTIES.—The Director and the Advocate ability of private insurers to continue providing ‘‘(i) FLOOD INSURANCE ASSISTANCE REC- shall establish procedures to take appropriate flood insurance coverage; and OMMENDATIONS.— action against an insurance company, including (B) reducing the current limits of coverage ‘‘(1) AUTHORITY TO ISSUE.—Upon application monetary penalties and removal or suspension amounts established in section 61.6 of title 44, filed by a qualified insured with the Office of from the program, when a company refuses to Code of Federal Regulations, would have on the the Flood Insurance Advocate (in such form, cooperate with an investigation or audit under ability of private insurers to provide sufficient manner, and at such time as the Director shall this section or where a finding has been made of flood insurance coverage to effectively replace by regulation prescribe), the National Flood In- improper conduct. the current level of flood insurance coverage surance Advocate may issue a Flood Insurance ‘‘(m) DEFINITIONS.—For purposes of this sub- being provided under the National Flood Insur- Assistance Recommendation, if the Advocate section: ance Program. finds that the qualified insured is suffering a ‘‘(1) ASSOCIATED ENTITY.—The term ‘associ- (b) REPORT OF THE DIRECTOR ON ACTIVITIES significant hardship, such as a significant delay ated entity’ means any person, corporation, or UNDER THE NATIONAL FLOOD INSURANCE PRO- in resolving claims where the insured is incur- other legal entity that contracts with the Direc- GRAM.— ring significant costs as a result of such delay, tor or an insurance company to provide adjust- (1) IN GENERAL.—The Director shall, on an or where the insured is at risk of adverse action, ment services, benefits calculation services, annual basis, submit a full report on the oper- including the loss of property, as a result of the claims services, processing services, or record ations, activities, budget, receipts, and expendi- manner in which the flood insurance laws are keeping services in connection with standard tures of the National Flood Insurance Program being administered by the Director. flood insurance policies made available under for the preceding 12-month period to the Com- ‘‘(2) TERMS OF A FLOOD INSURANCE ASSISTANCE the national flood insurance program. mittee on Banking, Housing, and Urban Affairs RECOMMENDATION.—The terms of a Flood Insur- ‘‘(2) INSURANCE COMPANY.—The term ‘insur- of the Senate and the Committee on Financial ance Assistance Recommendation may rec- ance company’ refers to any property and cas- Services of the House of Representatives. ommend to the Director that the Director, with- ualty insurance company that is authorized by (2) TIMING.—Each report required under para- in a specified time period, cease any action, take the Director to participate in the Write Your graph (1) shall be submitted to the committees any action as permitted by law, or refrain from Own program under the national flood insur- described in paragraph (1) not later than 3 taking any action, including the payment of ance program. months following the end of each fiscal year. claims, with respect to the qualified insured ‘‘(3) NATIONAL FLOOD INSURANCE ADVOCATE.— (3) CONTENTS.—Each report required under under any other provision of law which is spe- The term ‘National Flood Insurance Advocate’ paragraph (1) shall include— cifically described by the National Flood Insur- includes any designee of the National Flood In- (A) the current financial condition and in- ance Advocate in such recommendation. surance Advocate. come statement of the National Flood Insurance ‘‘(3) DIRECTOR RESPONSE.—Not later than 15 ‘‘(4) QUALIFIED INSURED.—The term ‘qualified Fund established under section 1310 of the Na- days after the receipt of any Flood Insurance insured’ means an insured under coverage pro- tional Flood Insurance Act of 1968 (42 U.S.C. Assistance Recommendation under this sub- vided under the national flood insurance pro- 4017), including— section, the Director shall respond in writing as gram under this title. (i) premiums paid into such Fund; to— ‘‘(n) FUNDING.—Pursuant to section (ii) policy claims against such Fund; and ‘‘(A) whether such recommendation was fol- 1310(a)(8), the Director may use amounts from (iii) expenses in administering such Fund; lowed; the National Flood Insurance Fund to fund the (B) the number and face value of all policies ‘‘(B) why such recommendation was or was activities of the Office of the Flood Advocate in issued under the National Flood Insurance Pro- not followed; and each of fiscal years 2009 through 2014, except gram that are in force; ‘‘(C) what, if any, additional actions were that the amount so used in each such fiscal year (C) a description and summary of the losses taken by the Director to prevent the hardship may not exceed $5,000,000 and shall remain attributable to repetitive loss structures; indicated in such recommendation. available until expended. Notwithstanding any (D) a description and summary of all losses ‘‘(4) RESPONSIBILITIES OF DIRECTOR.—The Di- other provision of this title, amounts made incurred by the National Flood Insurance Pro- rector shall establish procedures requiring a for- available pursuant to this subsection shall not gram due to— (i) hurricane related damage; and mal response consistent with the requirements of be subject to offsetting collections through pre- (ii) nonhurricane related damage; paragraph (3) to all recommendations submitted mium rates for flood insurance coverage under (E) the amounts made available by the Direc- to the Director by the National Flood Insurance this title.’’. Advocate under this subsection. tor for mitigation assistance under section SEC. 132. STUDIES AND REPORTS. ‘‘(j) REPORTING OF POTENTIAL CRIMINAL VIO- 1366(e)(5) of the National Flood Insurance Act LATIONS.—In carrying out the duties and re- (a) REPORT ON EXPANDING THE NATIONAL of 1968 (42 U.S.C. 4104c(e)(5)) for the purchase sponsibilities established under this section, the FLOOD INSURANCE PROGRAM.—Not later than 1 of properties substantially damaged by flood for National Flood Insurance Advocate shall report year after the date of the enactment of this title, that fiscal year, and the actual number of flood expeditiously to the Attorney General whenever the Comptroller General of the United States damaged properties purchased and the total cost the National Flood Insurance Advocate has rea- shall conduct a study and submit a report to the expended to purchase such properties; sonable grounds to believe there has been a vio- Committee on Banking, Housing, and Urban Af- (F) the estimate of the Director as to the aver- lation of Federal criminal law. fairs of the Senate and the Committee on Finan- age historical loss year, and the basis for that ‘‘(k) COORDINATION.— cial Services of the House of Representatives, estimate; ‘‘(1) WITH OTHER FEDERAL AGENCIES.—In car- on— (G) the estimate of the Director as to the max- rying out the duties and responsibilities estab- (1) the number of flood insurance policy hold- imum amount of claims that the National Flood lished under this section, the National Flood In- ers currently insuring— Insurance Program would have to expend in the surance Advocate— (A) a residential structure up to the maximum event of a catastrophic year; ‘‘(A) shall give particular regard to the activi- available coverage amount, as established in (H) the average— ties of the Inspector General of the Department section 61.6 of title 44, Code of Federal Regula- (i) amount of insurance carried per flood in- of Homeland Security with a view toward avoid- tions, of— surance policy; ing duplication and insuring effective coordina- (i) $250,000 for the structure; and (ii) premium per flood insurance policy; and tion and cooperation; and (ii) $100,000 for the contents of such structure; (iii) loss per flood insurance policy; and ‘‘(B) may participate, upon request of the In- or (I) the number of claims involving damages in spector General of the Department of Homeland (B) a commercial structure up to the maximum excess of the maximum amount of flood insur- Security, in any audit or investigation con- available coverage amount, as established in ance available under the National Flood Insur- ducted by the Inspector General. section 61.6 of title 44, Code of Federal Regula- ance Program and the sum of the amount of all ‘‘(2) WITH STATE REGULATORS.—In carrying tions, of $500,000; damages in excess of such amount. out any investigation or audit under this sec- (2) the increased losses the National Flood In- (c) GAO STUDY ON PRE-FIRM STRUCTURES.— tion, the National Flood Insurance Advocate surance Program would have sustained during Not later than 1 year after the date of the enact- shall coordinate its activities and efforts with the 2004 and 2005 hurricane season if the Na- ment of this title, the Comptroller General of the any State insurance authority that is concur- tional Flood Insurance Program had insured all United States shall conduct a study and submit rently undertaking a similar or related inves- policyholders up to the maximum conforming a report to the Committee on Banking, Housing, tigation or audit. loan limit for fiscal year 2006 of $417,000, as es- and Urban Affairs of the Senate and the Com- ‘‘(3) AVOIDANCE OF REDUNDANCIES IN THE RES- tablished under section 302(b)(2) of the Federal mittee on Financial Services of the House of OLUTION OF PROBLEMS.—In providing any as- National Mortgage Association Charter Act (12 Representatives, on the— sistance to a policyholder pursuant to para- U.S.C. 1717(b)(2)); (1) composition of the remaining pre-FIRM graphs (1) and (2) of subsection (b), the Na- (3) the availability in the private marketplace structures that are explicitly receiving dis- tional Flood Insurance Advocate shall consult of flood insurance coverage in amounts that ex- counted premium rates under section 1307 of the with the Director to eliminate, avoid, or reduce ceed the current limits of coverage amounts es- National Flood Insurance Act of 1968 (42 U.S.C. any redundancies in actions that may arise as a tablished in section 61.6 of title 44, Code of Fed- 4104), including the historical basis for the re- result of the actions of the National Flood In- eral Regulations; and ceipt of such subsidy and whether such subsidy surance Advocate and the claims appeals proc- (4) what effect, if any— has outlasted its purpose; ess described under section 62.20 of title 44, Code (A) raising the current limits of coverage (2) number and fair market value of such of Federal Regulations. amounts established in section 61.6 of title 44, structures;

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.010 S13MYPT1 smartinez on PROD1PC64 with SENATE S4070 CONGRESSIONAL RECORD — SENATE May 13, 2008 (3) respective income level of each owner of eral Emergency Management Agency shall con- (10) an efficient and effective approach to as- such structure; duct a study and submit a report to the Com- sessing natural catastrophe risk management (4) number of times each such structure has mittee on Financial Services of the House of and insurance is to establish a nonpartisan been sold since 1968, including specific dates, Representatives and the Committee on Banking, commission to study the management of natural sales price, and any other information the Sec- Housing, and Urban Affairs of the Senate re- catastrophe risk, and to require such commis- retary determines appropriate; garding the impact, effectiveness, and feasibility sion to timely report to Congress on its findings. (5) total losses incurred by such structures of amending section 1361 of the National Flood SEC. 203. ESTABLISHMENT. since the establishment of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) to include There is established a nonpartisan Commis- Insurance Program compared to the total losses widely used and nationally recognized building sion on Natural Catastrophe Risk Management incurred by all structures that are charged a codes as part of the floodplain management cri- and Insurance (in this title referred to as the nondiscounted premium rate; teria developed under such section, and shall (6) total cost of foregone premiums since the ‘‘Commission’’). determine— SEC. 204. MEMBERSHIP. establishment of the National Flood Insurance (1) the regulatory, financial, and economic Program, as a result of the subsidies provided to (a) APPOINTMENT.—The Commission shall be impacts of such a building code requirement on composed of 16 members, of whom— such structures; homeowners, States and local communities, local (7) annual cost to the taxpayer, as a result of (1) 2 members shall be appointed by the major- land use policies, and the Federal Emergency the subsidies provided to such structures; ity leader of the Senate; (8) the premium income collected and the Management Agency; (2) 2 members shall be appointed by the minor- losses incurred by the National Flood Insurance (2) the resources required of State and local ity leader of the Senate; Program as a result of such explicitly subsidized communities to administer and enforce such a (3) 2 members shall be appointed by the structures compared to the premium income col- building code requirement; Speaker of the House of Representatives; lected and the losses incurred by such Program (3) the effectiveness of such a building code (4) 2 members shall be appointed by the minor- as result of structures that are charged a non- requirement in reducing flood-related damage to ity leader of the House of Representatives; discounted premium rate, on a State-by-State buildings and contents; (5) 2 members shall be appointed by the Chair- basis; and (4) the impact of such a building code require- man of the Committee on Banking, Housing, (9) the most efficient way to eliminate the sub- ment on the actuarial soundness of the National and Urban Affairs of the Senate; sidy to such structures. Flood Insurance Program; (6) 2 members shall be appointed by the Rank- (5) the effectiveness of nationally recognized (d) GAO REVIEW OF FEMA CONTRACTORS.— ing Member of the Committee on Banking, codes in allowing innovative materials and sys- The Comptroller General of the United States, in Housing, and Urban Affairs of the Senate; conjunction with the Department of Homeland tems for flood-resistant construction; and (7) 2 members shall be appointed by the Chair- (6) the feasibility and effectiveness of pro- Security’s Inspectors general Office, shall— man of the Committee on Financial Services of viding an incentive in lower premium rates for (1) conduct a review of the 3 largest contrac- the House of Representatives; and flood insurance coverage under such Act for tors the Director uses in administering the Na- (8) 2 members shall be appointed by the Rank- structures meeting whichever of such widely tional Flood Insurance Program; and ing Member of the Committee on Financial Serv- used and nationally recognized building code or (2) not later than 18 months after the date of ices of the House of Representatives. any applicable local building code provides enactment of this title, submit a report on the (b) QUALIFICATION OF MEMBERS.— greater protection from flood damage. findings of such review to the Director, the (1) IN GENERAL.—Members of the Commission Committee on Banking, Housing, and Urban Af- TITLE II—COMMISSION ON NATURAL CA- shall be appointed under subsection (a) from fairs of the Senate, and the Committee on Fi- TASTROPHE RISK MANAGEMENT AND among persons who— nancial Services of the House of Representa- INSURANCE (A) have expertise in insurance, reinsurance, tives. SEC. 201. SHORT TITLE. insurance regulation, policyholder concerns, SEC. 133. FEASIBILITY STUDY ON PRIVATE REIN- This title may be cited as the ‘‘Commission on emergency management, risk management, pub- SURANCE. Natural Catastrophe Risk Management and In- lic finance, financial markets, actuarial anal- Not later than 1 year after the date of enact- surance Act of 2008’’. ysis, flood mapping and planning, structural ment of this Act, the Comptroller General of the engineering, building standards, land use plan- United States shall conduct and submit a report SEC. 202. FINDINGS. Congress finds that— ning, natural catastrophes, meteorology, seis- to Congress on— mology, environmental issues, or other pertinent (1) the feasibility of requiring the Director, as (1) Hurricanes Katrina, Rita, and Wilma, qualifications or experience; and part of carrying out the responsibilities of the which struck the United States in 2005, caused, (B) are not officers or employees of the United Director under the National Flood Insurance by some estimates, in excess of $200,000,000,000 States Government or of any State government. Program, to purchase private reinsurance or in total economic losses; (2) DIVERSITY.—In making appointments to retrocessional coverage, in addition to any such (2) many meteorologists predict that the United States is in a period of increased hurri- the Commission— reinsurance coverage required under section (A) every effort shall be made to ensure that 1335 of the National Flood Insurance Act of 1968 cane activity; (3) the Federal Government and State govern- the members are representative of a broad cross (42 U.S.C. 4055), to underlying primary private section of perspectives within the United States; insurers for losses arising due to flood insurance ments have provided billions of dollars to pay for losses from natural catastrophes, including and coverage provided by such insurers; (B) each member of Congress described in sub- (2) the feasibility of repealing the reinsurance hurricanes, earthquakes, volcanic eruptions, section (a) shall appoint not more than 1 person requirement under such section 1335, and requir- tsunamis, tornados, flooding, wildfires, from any single primary area of expertise de- ing the Director, as part of carrying out the re- droughts, and other natural catastrophes; scribed in paragraph (1)(A) of this subsection. sponsibilities of the Director under the National (4) many Americans are finding it increasingly (c) PERIOD OF APPOINTMENT.— Flood Insurance Program, to purchase private difficult to obtain and afford property and cas- (1) IN GENERAL.—Each member of the Commis- reinsurance or retrocessional coverage to under- ualty insurance coverage; sion shall be appointed for the duration of the lying primary private insurers for losses arising (5) some insurers are not renewing insurance Commission. due to flood insurance coverage provided by policies, are excluding certain risks, such as (2) VACANCIES.—A vacancy on the Commission such insurer; and wind damage, and are increasing rates and (3) the estimated total savings to the taxpayer deductibles in some markets; shall not affect its powers, but shall be filled in of taking each such action described in para- (6) the inability of property and business own- the same manner as the original appointment. graph (1) or (2). ers in vulnerable areas to obtain and afford (d) QUORUM.— (1) MAJORITY.—A majority of the members of SEC. 134. POLICY DISCLOSURES. property and casualty insurance coverage en- the Commission shall constitute a quorum, but a (a) IN GENERAL.—Notwithstanding any other dangers the national economy and public health lesser number, as determined by the Commission, provision of law, in addition to any other disclo- and safety; may hold hearings. sures that may be required, each policy under (7) almost every State in the United States is (2) APPROVAL ACTIONS.—All recommendations the National Flood Insurance Program shall at risk of a natural catastrophe, including hur- and reports of the Commission required by this state all conditions, exclusions, and other limi- ricanes, earthquakes, volcanic eruptions, title shall be approved only by a majority vote tations pertaining to coverage under the subject tsunamis, tornados, flooding, wildfires, of all of the members of the Commission. policy, regardless of the underlying insurance droughts, and other natural catastrophes; (e) CHAIRPERSON.—The Commission shall, by product, in plain English, in boldface type, and (8) building codes and land use regulations majority vote of all of the members, select 1 in a font size that is twice the size of the text of play an indispensable role in managing catas- member to serve as the Chairperson of the Com- the body of the policy. trophe risks, by preventing building in high risk mission (in this title referred to as the ‘‘Chair- (b) VIOLATIONS.—Any person that violates the areas and ensuring that appropriate mitigation requirements of this section shall be subject to a efforts are completed where building has taken person’’). fine of not more than $50,000 at the discretion of place; (f) MEETINGS.—The Commission shall meet at the Director. (9) several proposals have been introduced in the call of its Chairperson or a majority of the members. SEC. 135. REPORT ON INCLUSION OF BUILDING Congress to address the affordability and avail- CODES IN FLOODPLAIN MANAGE- ability of natural catastrophe insurance across SEC. 205. DUTIES OF THE COMMISSION. MENT CRITERIA. the United States, but there is no consensus on The Commission shall examine the risks posed Not later than 6 months after the date of the what, if any, role the Federal Government to the United States by natural catastrophes, enactment of this Act, the Director of the Fed- should play; and and means for mitigating those risks and for

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.010 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4071 paying for losses caused by natural catas- (A) to cover insured losses caused by natural compensation. The Commission may reimburse trophes, including assessing— catastrophes, including an estimate of the max- such volunteers for local travel and office sup- (1) the condition of the property and casualty imum amount of insured losses that could be plies, and for other travel expenses, including insurance and reinsurance markets prior to and sustained during a single year and the prob- per diem in lieu of subsistence, as authorized by in the aftermath of Hurricanes Katrina, Rita, ability of natural catastrophes occurring in a section 5703 of title 5, United States Code. and Wilma in 2005, and the 4 major hurricanes single year that would inflict more insured (h) FEDERAL PROPERTY AND ADMINISTRATIVE that struck the United States in 2004; losses than the United States insurance and re- SERVICES ACT OF 1949.—Subject to the Federal (2) the current condition of, as well as the insurance markets could sustain; and Property and Administrative Services Act of outlook for, the availability and affordability of (B) to recover after covering substantial in- 1949, the Commission may enter into contracts insurance in all regions of the country; sured losses caused by natural catastrophes; with Federal and State agencies, private firms, (3) the current ability of States, communities, (16) the impact that demographic trends could institutions, and individuals for the conduct of and individuals to mitigate their natural catas- have on the amount of insured losses inflicted activities necessary to the discharge of its duties trophe risks, including the affordability and by future natural catastrophes; and responsibilities. feasibility of such activities; (17) the appropriate role, if any, for the Fed- (i) LIMITATION ON CONTRACTS.—A contract or (4) the ongoing exposure of the United States eral Government in stabilizing the property and other legal agreement entered into by the Com- to natural catastrophes, including hurricanes, casualty insurance and reinsurance markets; mission may not extend beyond the date of the earthquakes, volcanic eruptions, tsunamis, tor- and termination of the Commission. nados, flooding, wildfires, droughts, and other (18) the role of the Federal, State, and local SEC. 208. COMMISSION PERSONNEL MATTERS. natural catastrophes; governments in providing incentives for feasible (5) the catastrophic insurance and reinsur- (a) TRAVEL EXPENSES.—The members of the risk mitigation efforts. ance markets and the relevant practices in pro- Commission shall be allowed travel expenses, in- viding insurance protection to different sectors SEC. 206. REPORT. cluding per diem in lieu of subsistence, at rates of the American population; (a) IN GENERAL.—Not later than 9 months authorized for employees of agencies under sub- (6) implementation of a catastrophic insur- after the date of enactment of this title, the chapter I of chapter 57 of title 5, United States ance system that can resolve key obstacles cur- Commission shall submit to the Committee on Code, while away from their homes or regular rently impeding broader implementation of cata- Banking, Housing, and Urban Affairs of the places of business in the performance of services strophic risk management and financing with Senate and the Committee on Financial Services for the Commission. insurance; of the House of Representatives a final report (b) SUBCOMMITTEES.—The Commission may (7) the financial feasibility and sustainability containing— establish subcommittees and appoint members of of a national, regional, or other pooling mecha- (1) a detailed statement of the findings and the Commission to such subcommittees as the nism designed to provide adequate insurance assessments conducted by the Commission pur- Commission considers appropriate. suant to section 205; and coverage and increased underwriting capacity (c) STAFF.—Subject to such policies as the to insurers and reinsurers, including private- (2) any recommendations for legislative, regu- Commission may prescribe, the Chairperson may public partnerships to increase insurance capac- latory, administrative, or other actions at the appoint and fix the pay of such additional per- ity in constrained markets; Federal, State, or local levels that the Commis- sonnel as the Chairperson considers appropriate (8) methods to promote public insurance poli- sion considers appropriate, in accordance with to carry out the duties of the Commission. The cies to reduce losses caused by natural catas- the requirements of section 205. Commission shall confirm the appointment of trophes in the uninsured sectors of the Amer- (b) EXTENSION OF TIME.—The Commission the executive director by majority vote of all of ican population; may request Congress to extend the period of the members of the Commission. (9) approaches for implementing a public or time for the submission of the report required (d) APPLICABILITY OF CERTAIN CIVIL SERVICE private insurance scheme for low-income com- under subsection (a) for an additional 3 months. LAWS.—Staff of the Commission may be— munities, in order to promote risk reduction and SEC. 207. POWERS OF THE COMMISSION. (1) appointed without regard to the provisions insurance coverage in such communities; (a) MEETINGS; HEARINGS.—The Commission of title 5, United States Code, governing ap- (10) the impact of Federal and State laws, reg- may hold such hearings, sit and act at such ulations, and policies (including rate regulation, pointments in the competitive service; and times and places, take such testimony, and re- (2) paid without regard to the provisions of market access requirements, reinsurance regula- ceive such evidence as the Commission considers tions, accounting and tax policies, State resid- chapter 51 and subchapter III of chapter 53 of necessary to carry out the purposes of this title. that title relating to classification and General ual markets, and State catastrophe funds) on— Members may attend meetings of the Commis- (A) the affordability and availability of catas- Schedule pay rates, except that an individual so sion and vote in person, via telephone con- appointed may not receive pay in excess of the trophe insurance; ference, or via video conference. (B) the capacity of the private insurance mar- annual rate of basic pay prescribed for GS–15 of (b) AUTHORITY OF MEMBERS OR AGENTS OF ket to cover losses inflicted by natural catas- the General Schedule under section 5332 of that THE COMMISSION.—Any member or agent of the trophes; title. Commission may, if authorized by the Commis- (C) the commercial and residential develop- (e) EXPERTS AND CONSULTANTS.—In carrying sion, take any action which the Commission is ment of high-risk areas; and out its objectives, the Commission may procure (D) the costs of natural catastrophes to Fed- authorized to take by this title. temporary and intermittent services of consult- eral and State taxpayers; (c) OBTAINING OFFICIAL DATA.— ants and experts under section 3109(b) of title 5, (1) AUTHORITY.—Notwithstanding any provi- (11) the present and long-term financial con- United States Code, at rates for individuals sion of section 552a of title 5, United States dition of State residual markets and catastrophe which do not exceed the daily equivalent of the Code, the Commission may secure directly from funds in high-risk regions, including the likeli- annual rate of basic pay prescribed for GS–15 of any department or agency of the United States hood of insolvency following a natural catas- the General Schedule under section 5332 of that any information necessary to enable the Com- trophe, the concentration of risks within such title. mission to carry out this title. funds, the reliance on post-event assessments (f) DETAIL OF GOVERNMENT EMPLOYEES.— (2) PROCEDURE.—Upon request of the Chair- and State funding, and the adequacy of rates; Upon request of the Chairperson, any Federal person, the head of such department or agency (12) the role that innovation in financial serv- Government employee may be detailed to the shall furnish to the Commission the information ices could play in improving the affordability Commission to assist in carrying out the duties requested. and availability of natural catastrophe insur- of the Commission— (d) POSTAL SERVICES.—The Commission may ance, specifically addressing measures that (1) on a reimbursable basis; and would foster the development of financial prod- use the United States mails in the same manner and under the same conditions as other depart- (2) such detail shall be without interruption ucts designed to cover natural catastrophe risk, or loss of civil service status or privilege. such as risked-linked securities; ments and agencies of the Federal Government. (13) the need for strengthened land use regu- (e) ADMINISTRATIVE SUPPORT SERVICES.— SEC. 209. TERMINATION. lations and building codes in States at high risk Upon the request of the Commission, the Admin- The Commission shall terminate 90 days after for natural catastrophes, and methods to istrator of General Services shall provide to the the date on which the Commission submits its strengthen the risk assessment and enforcement Commission, on a reimbursable basis, any ad- report under section 206. of structural mitigation and vulnerability reduc- ministrative support services necessary for the SEC. 210. AUTHORIZATION OF APPROPRIATIONS. tion measures, such as zoning and building code Commission to carry out its responsibilities There are authorized to be appropriated to the compliance; under this title. Commission, such sums as may be necessary to (14) the benefits and costs of proposed Federal (f) ACCEPTANCE OF GIFTS.—The Commission carry out this title, to remain available until ex- natural catastrophe insurance programs (in- may accept, hold, administer, and utilize gifts, pended. cluding the Federal Government providing rein- donations, and bequests of property, both real surance to State catastrophe funds, private in- and personal, for the purposes of aiding or fa- TITLE III—MISCELLANEOUS surers, or other entities), specifically addressing cilitating the work of the Commission. The Com- SEC. 301. BIG SIOUX RIVER AND SKUNK CREEK, the costs to taxpayers, tax equity consider- mission shall issue internal guidelines governing SIOUX FALLS, SOUTH DAKOTA. ations, and the record of other government in- the receipt of donations of services or property. The project for flood control, Big Sioux River surance programs (particularly with regard to (g) VOLUNTEER SERVICES.—Notwithstanding and Skunk Creek, Sioux Falls, South Dakota, charging actuarially sound prices); the provisions of section 1342 of title 31, United authorized by section 101(a)(28) of the Water (15) the ability of the United States private in- States Code, the Commission may accept and Resources Development Act of 1996 (110 Stat. surance market— utilize the services of volunteers serving without 3666), is modified to authorize the Secretary to

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 6333 E:\CR\FM\A13MY6.010 S13MYPT1 smartinez on PROD1PC64 with SENATE S4072 CONGRESSIONAL RECORD — SENATE May 13, 2008 reimburse the non-Federal interest for funds ad- There is 2 minutes of debate, equally Cardin Johnson Obama vanced by the non-Federal interest for the Fed- divided. Carper Kennedy Pryor eral share of the project, only if additional Fed- Casey Kerry Reed The Senator from Massachusetts is Chambliss Klobuchar Reid eral funds are appropriated for that purpose. recognized. Clinton Kohl Rockefeller SEC. 302. SUSPENSION OF PETROLEUM ACQUISI- Coleman Landrieu Salazar TION FOR STRATEGIC PETROLEUM Mr. KENNEDY. Mr. President, this is Collins Lautenberg Sanders RESERVE. the legislation to provide a voice for Conrad Leahy Schumer (a) IN GENERAL.—Except as provided in sub- our public safety offices. We have spent Dodd Levin Smith section (b) and notwithstanding any other pro- a great deal of time in the Senate on Domenici Lieberman Snowe Dorgan Lincoln Specter vision of law, during the period beginning on homeland security, but the key to ef- the date of enactment of this Act and ending on Durbin Martinez Stabenow fective homeland security is having ef- Feingold McCaskill Stevens December 31, 2008— fective firefighters, police officials, and Feinstein McConnell Sununu (1) the Secretary of the Interior shall suspend Grassley Menendez Tester acquisition of petroleum for the Strategic Petro- first responders. They are the individ- Gregg Mikulski Thune leum Reserve through the royalty-in-kind pro- uals who are really protecting our Hagel Murkowski Voinovich gram; and homeland. They are the ones who Harkin Murray Webb (2) the Secretary of Energy shall suspend ac- should have a voice in decisions affect- Hatch Nelson (FL) Whitehouse Inouye Nelson (NE) Wyden quisition of petroleum for the Strategic Petro- ing the security of our country. This leum Reserve through any other acquisition legislation provides them with that, to NAYS—29 method. ensure greater safety and security for Alexander Corker Isakson (b) RESUMPTION.—Not earlier than 30 days Allard Cornyn Kyl after the date on which the President notifies all Americans. I hope the Senate will support the cloture motion. Barrasso Craig Lugar Congress that the President has determined that Bennett Crapo Roberts the weighted average price of petroleum in the The ACTING PRESIDENT pro tem- Bond DeMint Sessions United States for the most recent 90-day period pore. Who yields time? Brownback Dole Shelby is $75 or less per barrel— The Senator from Wyoming is recog- Bunning Ensign Vitter (1) the Secretary of the Interior may resume Burr Enzi Warner nized. Coburn Graham acquisition of petroleum for the Strategic Petro- Wicker Cochran Hutchison leum Reserve through the royalty-in-kind pro- Mr. ENZI. Mr. President, once again, gram; and we have one of those bills that has NOT VOTING—2 never been to committee. I guess we (2) the Secretary of Energy may resume acqui- Inhofe McCain sition of petroleum for the Strategic Petroleum are afraid to take labor issues to the Reserve through any other acquisition method. Labor Committee. We ought to be able The ACTING PRESIDENT pro tem- (c) EXISTING CONTRACTS.—In the case of any to review these things and work on pore. On this vote, the yeas are 69, the oil scheduled to be delivered to the Strategic Pe- them as we do on other kinds of bills, nays are 29. Three-fifths of the Sen- troleum Reserve pursuant to a contract entered but that is not happening on the labor ators duly chosen and sworn having into by the Secretary of Energy prior to, and in voted in the affirmative, the motion is effect on, the date of enactment of this Act, the issues. We are just going to play Secretary shall, to the maximum extent prac- ‘‘gotcha’’ politics. agreed to. ticable, negotiate a deferral of the delivery of This bill will take longer than a Mr. REID. I move to reconsider the the oil for a period of not less than 1 year, in ac- minute or an hour or a day just to vote, and I move to lay that motion on cordance with procedures of the Department of cover some of the flaws that are in this the table. Energy in effect on the date of enactment of this bill. Some of the things that have The motion to lay on the table was Act for deferrals of oil. shown up in the substitute bill never agreed to. Mr. REID. Mr. President, I move to got introduced on this one. So we can reconsider the vote, and I move to lay see how this doesn’t work. This will af- f that motion on the table. fect all 50 States. This is an oppor- The motion to lay on the table was tunity for you to impose the will of the agreed to. PUBLIC SAFETY EMPLOYER-EM- Federal Government on your State. I PLOYEE COOPERATION ACT OF f don’t think you really want to do that. 2007 PUBLIC SAFETY EMPLOYER-EM- We need to have a little bit more than The ACTING PRESIDENT pro tem- PLOYEE COOPERATION ACT OF a minute to discuss that. pore. The majority leader. 2007—MOTION TO PROCEED—Re- I think the leadership is asking for sumed people to vote for this amendment. We Mr. REID. Is the Chair going to re- have agreed that we would go to it port the bill now? CLOTURE MOTION right after lunch. This isn’t a matter of The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- stalling out in the Senate; it is a mat- pore. Under the previous order, the mo- pore. The clerk will report the motion ter of trying to get the right decision tion to proceed is agreed to. The clerk to invoke cloture. made. I ask you to look at these will report. CLOTURE MOTION things. It ought to go to the Labor The assistant legislative clerk read We, the undersigned Senators, in accord- Committee so that reasonable sugges- as follows: ance with the provisions of rule XXII of the tions can be made. Standing Rules of the Senate, hereby move A bill (H.R. 980) to provide collective bar- to bring to a close debate on the motion to The ACTING PRESIDENT pro tem- gaining rights for public safety officers em- proceed to Calendar No. 275, H.R. 980, the pore. The yeas and nays are mandatory ployed by States or their political subdivi- Public Safety Employer-Employee Coopera- under the rule. The question is on sions. tion Act. agreeing to the motion. The ACTING PRESIDENT pro tem- Edward M. Kennedy, Robert Menendez, The clerk will call the roll. pore. The majority leader. Russell D. Feingold, Patty Murray, The legislative clerk called the roll. AMENDMENT NO. 4751 Daniel K. Inouye, Amy Klobuchar, Mr. KYL. The following Senators are Debbie Stabenow, Ron Wyden, Barbara (Purpose: In the nature of a substitute) necessarily absent: the Senator from Boxer, Christopher J. Dodd, John D. Mr. REID. Mr. President, on behalf of Oklahoma (Mr. INHOFE) and the Sen- Rockefeller, IV, Jon Tester, Sheldon Senator KENNEDY and Senator GREGG, I ator from Arizona (Mr. MCCAIN). Whitehouse, Frank R. Lautenberg, send a substitute to the desk. Sherrod Brown, Jeff Bingaman, John The ACTING PRESIDENT pro tem- F. Kerry. pore. Are there any other Senators in The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- the Chamber desiring to vote? pore. The clerk will report. pore. By unanimous consent, the man- The yeas and nays resulted—yeas 69, The assistant legislative clerk read datory quorum call is waived. nays 29, as follows: as follows: The question is, Is it the sense of the [Rollcall Vote No. 126 Leg.] The Senator from Nevada [Mr. REID], for Mr. GREGG, for himself, and Mr. KENNEDY, Senate that debate on the motion to YEAS—69 proceed to H.R. 980, the Public Safety proposes an amendment numbered 4751. Akaka Biden Brown Employer-Employee Cooperation Act, Baucus Bingaman Byrd (The amendment is printed in today’s shall be brought to a close? Bayh Boxer Cantwell RECORD under ‘‘Text of Amendments.’’)

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.010 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4073 RECESS I believe this bill will make our po- the economic pie. I am very proud to Mr. REID. Mr. President, I ask that lice and fire departments stronger and stand with working families to protect the Senate now stand in recess under our communities safer. Everyone in their right to organize and advocate for the previous order. our communities gains when our police on-the-job safety, job security, and fair Thereupon, the Senate, at 12:38 p.m., and firefighters are working together pay. As we recognize National Police recessed until 2:15 p.m. and reassem- with their employers. Having a voice in Week, what better way to honor the bled when called to order by the Pre- their work schedules, in their safety sacrifice our police and other first residing Officer (Mr. CARPER). procedures, in their pay scales and benefits helps our police and fire depart- sponders have given us than by ensur- f ments. It helps them improve safety ing they have the right to collectively bargain. Allowing our first responders PUBLIC SAFETY EMPLOYER-EM- and reduce the number of deaths and to negotiate with their employers is PLOYEE COOPERATION ACT OF injuries on the job, and it makes most the fair thing to do, and it also happens 2007—Continued departments more efficient. A department that is safer and more efficient is to be the right thing to do. Mr. ENZI. Mr. President, I suggest a department that is then better able I hope all of our colleagues will support them and our communities by say- the absence of a quorum. to respond to a crisis. The PRESIDING OFFICER. The I believe there is another reason we ing yes and passing this legislation. clerk will call the roll. I yield the floor. as Members of Congress should vote Mr. KENNEDY. Mr. President, I see The assistant legislative clerk pro- now to guarantee the right for all first ceeded to call the roll. my colleague from New York. I think responders to organize. Ever since the he would like to speak on this issue, Mrs. MURRAY. Mr. President, I ask September 11 terrorist attacks, we unanimous consent that the order for and then we will continue to balance have called on our first responders to off the speakers the best that we can to the quorum call be rescinded. play an even greater role in keeping The PRESIDING OFFICER. Without try to take into consideration the our homeland safe. Members’ schedules. objection, it is so ordered. Increasingly, as every one of us Mrs. MURRAY. Mr. President, 46 But we thank the Senator from New knows, our police, our firefighters, our York. If he is prepared to speak, we years ago, President Kennedy des- troopers, our paramedics are the eyes would welcome his comments. ignated this week to honor our first re- and ears on the ground in our cities, The PRESIDING OFFICER. The Sen- sponders, particularly police officers counties, and States where they serve, ator from New York. who have lost their lives in the line of no matter how large or small their Mr. SCHUMER. I am going to speak duty. communities. on this for a minute and then on one This week is National Police Week, So I think as we ask our first re- other issue that I mentioned to the and Thursday is National Peace Offi- sponders to do more for our entire Na- Senator from Massachusetts. But first cers Memorial Day. Here in Wash- tion, we owe it to them to ensure that I thank him for his leadership. ington, DC, and across the country, our across the country they have the same The bottom line is, we have made communities are honoring the con- collective bargaining rights. progress in this country over the last tributions of their public safety offi- This bill is pretty simple. The new 100 years because workers gather and cers. law would only affect States that do bargain. Simply because somebody is I think all of us in this body would not already allow their public safety in a life-threatening position, a posi- agree that our police officers, our fire- forces to bargain collectively. It does tion that saves lives—police and fire fighters, paramedics, and all of our not set up a new system of legislation. and emergency medical personnel— first responders are heroes. Their jobs In fact, it is designed to ensure States does not mean they should be deprived are dangerous and they are extremely have as much freedom as possible to of that right. demanding. Unfortunately, they too decide how to implement this law. And The rules might not be exactly the often do not get the respect and grati- it specifically allows States to keep en- same, and this bill is cognizant of that, tude they deserve. And that is why I forcing their right-to-work laws. but at the same time, for a policeman, rise this afternoon to urge my col- States that are affected would have 1 a firefighter, to have the right to basi- leagues to support the Public Safety year to create a process for discussions cally bargain and give his family a life Employee-Employer Cooperation Act, with workers. If they have not acted by with some decency and some dignity is which would take a small step toward then, the Federal Labor Relations Au- extremely important. So I thank the repaying that sacrifice. thority would establish a way to give leader from the Health, Education and In most States around the country, employees the ability to choose wheth- Labor and Pensions Committee for bringing this bill forward. I think it our police and firefighters have the er to form a union. right to form unions. In fact, my broth- And that is it. Unlike some of the will mark real progress. I think, again, those who put their er was a firefighter in my home State false rumors you may have been hear- lives on the line for us, police and fire, of Washington. He is a proud member ing, it does not encourage police and should not be penalized because they of his local union. But even so, there firefighters to go on strike. In fact, it are in those professions. The right to are still several communities in which specifically outlaws that. It does not bargain is an important one. Many our first responders do not have the require State and local governments to State and local workers have it. It is ability to negotiate. They do not have adopt any particular terms. It excludes something I supported my whole ca- the ability to bargain for better wages our elected sheriffs and other policy- reer. I am proud to be a supporter of or hours or working conditions or bene- makers, and it will not affect an em- this legislation. I thank the Senator fits. ployee’s right to work part-time or pre- from Massachusetts for his leadership. The bill we are considering on the vent them from volunteering. (The remarks of Mr. SCHUMER per- Senate floor this afternoon would en- In short, this bill would be very good taining to the introduction of S.J. Res. sure all of our first responders have the for our first responders and very good 32 are located in todays RECORD under power to organize and stand for their for our communities. But seeing this ‘‘Statements on Introduced Bills and rights. And I believe it will make a real bill become law would not only be a Joint Resolutions.’’) difference for our public safety officers victory for our first responders, it Mr. SCHUMER. I yield the floor. and for all of our communities. would be the first major victory for or- The PRESIDING OFFICER. Who I thank Senator KENNEDY and Sen- ganized workers in the last 7 years. seeks recognition? ator GREGG for their work on this leg- Unions have forged the way for mil- Mr. KENNEDY. Mr. President, I islation. Their work truly has been a lions of working families to share in thank my colleague and friend from bipartisan effort, and I hope it is a sign the prosperity they helped create. Wyoming, Senator ENZI, for extending the entire Congress is willing now to Unions have helped balance the rela- the courtesy, because we have had come together to ensure our first re- tionship between employers and em- some speakers on our side, out of responders have a right most workers in ployees. And they help to ensure that spect for their schedules. We have wel- our country already enjoy. working families get their fair share of comed their comments at this time.

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.027 S13MYPT1 smartinez on PROD1PC64 with SENATE S4074 CONGRESSIONAL RECORD — SENATE May 13, 2008 But I wish to refocus attention to the The numbers tell the story. Look at constitutional rights. It took a Federal subject matter at hand, the matter this chart. States without collective case in order to do that. Think of all that is before the Senate, and to de- bargaining, which is the underlying the other Stan Tinneys around the scribe in greater detail this legislation issue before the Senate with this legis- country who have been intimidated by and the reasons for it and the support lation, have 39 percent more fatalities. that kind of action. We don’t need for this important piece of legislation. The reason primarily is because fire- that. We need to have suggestions. We First, I commend the Senate for vot- fighters know how to work in ways need ideas. We need recommendations ing earlier today to take up the Public that can protect the public and also about how to protect our firefighters, Safety Employer-Employee Coopera- can provide greater safety and security our first responders, and our police tion Act. The House passed this bill for the firefighters and first responders community. last July by an overwhelming vote of and police officials as well, based upon Tinney and four of his coworkers, 314 to 97. The Cooperation Act isn’t their experience, their knowledge of when this incident took place, were just about protecting union rights. the task which is before them. Because questioned individually by city offi- This bill is vitally important to each of that, they are able to have a much cials and Tinney was suspended with- and every American because, at its better safety record. That is basically out pay, reprimanded, and downgraded. core, it is about safety, the safety of what we are trying to share, that kind A Federal court later found his con- our dedicated first responders and the of experience, with the other fire- stitutional rights had been violated, safety of our Nation in this new era of fighters and police officials and first and the city settled Tinney’s claim for heightened concerns about homeland responders in other parts of the coun- $265,000. All that heartache and expense security. The bill takes a major step try who don’t have these kinds of pro- could have been avoided if there had forward in protecting our firefighters, tections. been a mechanism in place for Tinney police officers, emergency medical Behind those numbers are the tragic to express his concern. This legislation technicians, and other first responders stories of lives that could have been provides that. from danger on the job. Public safety saved with better communication or The Public Safety Employer-Em- workers are on the front lines of our better cooperation of effort. A heart- ployee Cooperation Act will give Stan constant efforts to keep America safe. breaking example occurred last year in Tinney and countless others like him a They are all on call 24 hours a day, 7 Charleston, SC. Here is the story. In voice in the decisions that affect their days a week, doing backbreaking, dif- 2002, the Charleston firefighters asso- jobs, their health and safety, and their ficult work, and doing it with great ciation asked the city to begin fol- families. It will give them a safer skill, great courage, and great dedica- lowing the National Fire Protection workplace, and, just as important, it tion. Association. That is an organization will give them a right to be treated We have seen all too often how dan- that makes recommendations with re- with dignity and respect. gerous these jobs can be. These charts gard to safety and security in fighting It is not just individual workers who illustrate the point. In 2006, more than fires. Unfortunately, there was no will benefit from this important legis- 75,000 police officers were injured in the mechanism to ensure that these con- lation. Enabling public safety workers line of duty. Last year, 140 police offi- cerns could be heard and addressed. On and their employers to work coopera- cers paid the ultimate price and lost June 18, 2007, nine Charleston fire- tively together makes our entire Na- their lives in the line of duty. We see fighters died in the line of duty. In Oc- tion safer. similar numbers with firefighters who tober of 2007, an expert panel hired by In the past decade, we have seen dra- put their lives on the line every day. In the city to investigate the loss rec- matic changes in the way we protect 2006, more than 83,000 firefighters were ommended that the department begin our country. National security has be- injured in the line of duty. Last year, following NFPA standards and begin come a local issue. Every city and town 115 firefighters paid the ultimate price. meeting with workers. in our country—large and small, urban Another 45 have lost their lives so far That was their recommendation after and rural—now has a vital role in keep- this year. This is dangerous work, life- experiencing the loss of lives. After- ing us safe from harm. threatening work. These are careers wards we wanted to try to establish a In this new and more dangerous which men and women follow for years procedure to avoid those kinds of cir- world, State and local public safety with great courage, dedication, and cumstances in the future. We will workers are being asked to play an commitment to the public interest and never know how many lives might have even larger role. We have asked them to the families of America. Those are been saved on that day in Charleston, to become true partners with Federal the individuals we are talking about if adequate safety standards had been security agencies in protecting our with this legislation. in place, but we do know that in many country from threats, and these dedi- First responders can also face chron- other fire departments across the coun- cated workers have risen to the chal- ic long-term health problems as well. try, critical discussions about safety lenge. But year after year, we are fail- The courageous firefighters who rushed should be happening, but they are not. ing to give them the support they need to Ground Zero on 9/11 now suffer from Unless public safety workers have a to do their vital jobs as effectively as crippling health problems such as asth- voice on the job, these problems will possible. ma, chronic bronchitis, back pain, car- never be fully and fairly addressed. Giving these brave men and women pal tunnel syndrome, depression, and Without the protection of collective the voice they deserve at the bar- post-traumatic stress disorder. They bargaining, workers are afraid to speak gaining table will facilitate coopera- often pay the ultimate price. Last year out for fear they will face retaliation. tion between public safety workers and 250 public safety employees across the These fears are well founded because of their employers. It will enable them to country lost their lives in the line of countless examples of brave and dedi- perform their jobs more efficiently and duty. Our public safety workers do not cated first responders who have been effectively. The benefits are obvious, hesitate to rush into fires, wade into harshly punished for raising safety and we see them in communities across floods, put their lives on the line in concerns. the country that have already accepted other ways to protect our homes, our Consider the case of firefighter Stan the basic principles of public safety co- families, and our communities. They Tinney of Odessa, TX. Here is his situa- operation. know better than anyone else what is tion. In 2001, Stan Tinney, president of Take the example of Annapolis, MD. needed to keep them as safe as possible the Firefighters Association of Odessa, Until recently, scheduling rules for on the job, and they deserve the right TX published a newsletter critical of firefighters and paramedics in Annap- to have a voice in decisions that pro- the fire department’s safety practices, olis, MD, often forced them—these are foundly affect their lives and their including inadequate staffing and the workers—to work 48-hour shifts, safety. equipment. Tinney was suspended leaving workers vulnerable to exhaus- When governments and public safety without pay, reprimanded, downgraded tion and dangerous mistakes. The local workers are unable to cooperate in a performance evaluation, and it union worked with management through collective bargaining, the took a Federal court that later found through collective bargaining to workers’ lives are put at needless risk. the Odessa officials violated Tinney’s change scheduling rules, shortening

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.042 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4075 shifts and improving safety for the single grievance—when they were The legislation recognizes the need workers and the public. It does not called upon to meet their responsi- to put public safety first, so the use of sound too complicated. It just sounds bility—not a single grievance. They did strikes, lockouts, sickouts, work slow- like common sense to me. And it their duty, and they did it heroically. downs, or any other action that is de- sounds like an important step in order Our families and communities designed to influence the terms of a pro- to provide greater safety and protec- serve the best public safety services we posed contract and that will disrupt tion for families in Annapolis. Workers can possibly provide, and achieving the delivery of emergency services is there were concerned about scheduling that goal starts with the strong foun- strictly prohibited. It further protects rules, and through a cooperative collec- dation that comes with collective bar- small towns by ensuring that areas tive bargaining relationship, the union gaining. with populations of less than 5,000 or worked with management to negotiate No one doubts that our communities fewer than 25 full time employees are a new schedule that met the city’s and our country are living on borrowed exempt from collective bargaining and needs, while reducing the length of in- time. We all hope the numerous other that firefighters or EMTs who are em- dividual shifts. These obvious changes steps we are taking will be successful ployed by a department participating in preventing similar catastrophic at- resulted in better rested and more ef- in collective bargaining agreements tacks. It makes no sense not to make fective firefighters and paramedics, can still serve their local communities the basic rights granted by this legisla- with real benefits to both the first re- as volunteers. tion available to all of America’s first sponders and the communities they Healthy labor-management partner- responders. It is an urgent matter of serve. ships result in improved public safety public safety. I commend Senator Such cooperation also gives State for our towns and cities. The bipartisan GREGG for his leadership on this impor- and local governments the flexibility Cooperation Act helps build these part- tant issue, and I urge my colleagues to they need to respond to changing cir- nerships by putting firefighters, law give our heroes the respect and support cumstances. enforcement officials, and other public they deserve by approving the Coopera- Look at this chart. The economy in safety officers on much deserved equal Tulsa, OK, was struggling after Sep- tion Act. Mr. GREGG. Mr. President, today I footing with other private and public tember 11. Through collective bar- am pleased to be joined by Senator sector employees and providing them gaining, the mayor and the firefighters KENNEDY and the other 31 cosponsors of with the ability to negotiate with em- agreed to defer payments into the fire- the Public Safety Employer-Employee ployers over basic workplace rights. fighters’ Health and Welfare Trust for 1 Cooperation Act of 2007, as we begin The PRESIDING OFFICER. The Sen- year. The deferral saved the city over discussion of this legislation. The Co- ator from Wyoming. $400,000, and the city was able to spread operation Act would extend to fire- Mr. ENZI. Mr. President, I appreciate its repayment to the trust over a fighters, police officers, and other pub- the opportunity to finally comment on longer period of time, providing valu- lic safety officials the right to discuss some of these things and to do my able flexibility that helped the city ad- workplace issues with their employers. opening statement. dress its budget troubles—working to- Each year, more than 80,000 police of- I do want to say I was a little sur- gether with the community and for the ficers and 75,000 firefighters are injured prised by the speech of the Senator community, an important achievement protecting their communities. Not from New York, Mr. SCHUMER, about, and an important accomplishment. counting the tragic events of Sep- primarily, the price of gas. I have to Some of my colleagues argue that tember 11, it is estimated that 162 po- say, he has got it right. That is the big- granting them collective bargaining lice officers and 100 firefighters will gest concern on the minds of people rights will limit the ability of States lose their lives each year in the line of across this country. No matter what and cities to respond effectively to an duty. These extraordinary individuals else we are talking about, it is about emergency. Nothing could be further selflessly risk injury, and sometimes the price of gas. What I learned from from the truth. We have seen, in the their lives, to protect others, yet they his speech is we are going to be dis- most dramatic illustration, that all 343 remain the only sizable segment of rupted in this debate later today as the firefighters who lost their lives in the workers who do not have the combined majority leader rule XIVs an energy line of duty on September 11 were right to enter into collective bar- bill. union members and with collective gaining agreements with their employ- I wish to congratulate Senator bargaining rights. There is no question ers. DOMENICI for his work on putting to- about their courage, no question about The Public Safety Employee-Em- gether an energy bill which we had a their bravery, no question about their ployer Cooperation Act is balanced in vote on this morning. I really think if willingness to do their duty and do it its recognition of the unique situation that could have been voted on in heroically. When challenged, that has and obligation of public safety officers. pieces, a number of those pieces would certainly been the evidence time-in The bill requires that, within 2 years of have passed and made a difference to and time-out. So we reject those sug- enactment, States offer public safety this country. gestions and those observations. officers the ability to vote in a free and I can see that the main thrust of the In addition, for example, before 9/11, fair election on whether to form and bill we are going to be interrupted by the Port Authority police officers voluntarily join a union and collec- later to take a look at is one to force worked 8-hour days, with 2 days off, tively bargain over hours, wages, and Saudi Arabia to increase their produc- each week. After 9/11, everyone worked conditions of employment. The bill tion by a million barrels a day or give 12-hour shifts every day and all vaca- only affects States which do not cur- up some arms purchases from us. tions and personal time were canceled. rently provide this opportunity, and Let’s see, if we sell them arms— This hard schedule continued for near- those States would have 2 years to es- which I have not looked at enough to ly 3 years, but neither the union nor tablish their own collective bargaining know whether that is a good idea—we any union member filed a single griev- systems that can meet their unique get some money back. When we force ance about it. They did their duty, and needs. This approach leaves the deci- them to do a million barrels a day, we they did it heroically. sions regarding implementation, en- give them $120 million a day. Part of Do we understand that? As to police forcement, and all other major details that, which some people do not like, officers for the Port Authority that has with the individual States and local was ANWR. ANWR would produce at responsibility in the greater port area governments, ultimately allowing least a million barrels of oil a day from in New York, before 9/11 they worked 8- them to have the final say over any the United States. We would be paying hour days, with 2 days off, each week, contract terms. Finally, under this leg- people in the United States for the oil, and after 9/11 everyone worked 12-hour islation, States with right-to-work not shipping it over to Saudi Arabia, shifts every day and all vacations and laws, which prohibit employers and and we have to worry about what they personal time were canceled. The hard labor organizations from negotiating are going to do with the arms we sell schedule continued for nearly 3 years, labor agreements that require union them. and neither the union nor any union membership or payment of union fees, So I can understand they ought to be member filed a single grievance—not a can continue to implement those laws. concerned about gas and are finally

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There is no one I know of—Re- provisions put into effect so we could That is not very productive. publican or Democrat, supporter or op- actually solve some of our energy prob- We did switch to a system, occasion- ponent of this bill—who does not re- lem. ally, where we have had roundtables. spect and value the work and dedica- Let’s see now, we are going to put the Roundtables are a little bit different tion of our police, our firefighters, and burden on Saudi Arabia. than hearings. With roundtables, you other first responders. Their contribu- My first encounter with higher gas invite in 10, 15, 20 people who have actions to our communities are immeas- prices happened back in 1973. I was tually done something in the area, and urable, and our support for them is un- president of the Wyoming Jaycees. We you hear what the problems are and wavering. However, this bill provides did some things to Saudi Arabia they what the advantages are, and after all no benefit to any police officer, fire- were not very pleased about, and they of them have spoken, then they inter- fighter, or first responder. It does not cut us off completely. That produced act with each other. They are not Sen- provide a dime in Federal money to the biggest crisis in this country in my ators asking clever questions. They any State, city, or town to hire or to memory. We had lines at the gas interact with each other on ways their train or to equip any additional public pumps. We had people who could not ideas fit with somebody else’s idea. safety personnel. In fact, it only im- transport goods. We had people who They come up with some good legisla- poses costs that will make that result could not get gas. We were trying to tion. less likely. figure out ways to store gas should we Now, we have not ever had hearings— The bill does not contain a dime of ever get it again. It was because Saudi or roundtables on this issue. So how do Federal money or a word of language Arabia said: OK, if that is the way you you know what is really a good idea? that would increase the pay or benefits are going to be, no oil. How do you know what the effect is of any firefighter, police officer or first Well, at any rate, I do not think we going to be on other people when you responder or that would enhance their are carrying as big a stick on this as do not do anything to prepare for it working conditions or that would make we think we are. We need to be looking and then you bring it right to the their job safer or make their retire- at a number of the solutions. floor? ment more secure. It only imposes to- Windfall profits tax—that was a good Another advantage of going through tally unfunded costs on States, cities, way for us to drive our companies over- committee is that you can find out and towns that will make those rules seas to do their work, to sell us oil. what the concerns are from the amend- less—not more—likely. That does not bring down the price of ments when it gets to the markup Plain and simple, the only direct oil. If I had my way, I would call the process. From those amendments, you beneficiaries of this legislation are energy companies in. I would tell them can say: Well, this might be a good labor unions. This bill does nothing I want to know what they are doing idea, but we have to revise it a little more than open new markets for with however many billions of dollars bit. People go off and work on that unions, and it provides them with the worth of profit they are making. I want part of the idea, and they bring it back opportunity for increased revenue from to know about it weekly. And I would in a workable fashion that will fit that new dues-paying members. This bill report to the American people on a both sides agree on. does nothing for any police officer, weekly basis. I do not suspect that You say it cannot be done on labor firefighter or first responder, except to would bring down the price of oil. I do issues? Well, in the past we have. We provide them with the dubious oppor- suspect that would bring up the invest- passed a mine safety bill through here tunity to share a portion of their payment in energy, all kinds of energy. We in less than 6 weeks, and it passed check with the labor union. need to have that done. unanimously in the Senate, and it The real truth is there is absolutely So I do not mean to go on and on passed unanimously in the House. That nothing inconsistent about being fully about this, but as long as we are going is how we did it. We did it through the supportive of our local police and fire- to be interrupted in our debate on pub- committee process. Now, that was the fighters and first responders and to- lic employees, I want to make sure I first change in mining law in 28 years, tally opposed to this bill. A vote have my say on it too. but it was done cooperatively, and it against this bill is not a vote against Mr. President, I do rise today to was done through the committee proc- first responders. Proponents of this bill voice my opposition to H.R. 980, the so- ess. would serve both the debate and them- called Public Employer-Employee Co- This one has, I guess, purposely cir- selves better by abandoning any absurd operation Act. The fact that this bill cumvented the regular order of the claims to the contrary. The public is has come to the Senate today is just Senate and its committee process be- simply not that gullible, and I think another example of the cynical cal- cause the scrutiny of that process the public is fed up with a Congress culus of election-year politics. We are would expose some multiple flaws in that transparently panders to special still doing ‘‘gotcha’’ politics on this the legislation. We are going to have interests, while trying to tell the rest floor. How do I know that? I know we some amendments that will point out of the world they are acting in have not passed a bill that did not go what some of the flaws are in this leg- everybody’s interests. The old song is through committee—not just the islation. Now, it is very difficult to do out of tune, but as long as some con- Health, Education, Labor, and Pen- it here. I have to put in an amendment, tinue to sing it, there shouldn’t be any sions Committee that I am the ranking and we kind of vote it up or we vote it surprise about the fact that the public member of but the other committees. If down. We cannot go off and work it out opinion of Congress is at an all-time it does not go through committee, it so it is agreeable to both sides. It is a low. does not pass. But here we have an difficult process, especially when you Let me now turn for a moment to issue that I am told was passed last involve 100 people with it. It is much some of the serious and fundamental July by the House. Do you know how easier to do it in committee. problems with this legislation. Over 70 many hearings we have held on it? I So we have this bill, and once again years ago, the Congress passed what is looked back 4 years, and we have not we are going to play the election-year now referred to as the National Labor had a hearing on this one—not a hear- spin, going to do sound bites, probably Relations Act. That legislation has ing on it. do a lot of press. But I suspect the re- been amended numerous times over the What we do at hearings is kind of insult may be the same as other things many decades of existence, and it has vite people in to tell us some specific that did not go through committee. become universally recognized as the points they want to make on a par- Now, their calculation is simple: embodiment of our national labor pol- ticular bill. Now, you will find that I Since this bill involves unions that or- icy. A hallmark of that policy for eight am not a very big proponent of hear- ganize among police and firefighters, decades has been the well-reasoned ings because the chairman—and I used they will continue to simply claim that principle that the employment and

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That bedrock principle concluded it is clearly in conflict with testing, merit pay, job requirements, is not only rooted in our national labor the current law in at least 22 States, and promotion are a few of the exam- policy; it is firmly fixed in our Con- and the chart shows the 22 States. ples of the terms and conditions of em- stitution and our traditions of fed- Some believe the number is as high as ployment which must be bargained but eralism. For more than 70 years, Con- 26, and even the bill proponents freely could be exempted from bargaining by gress has repeatedly and consistently concede it is at least 21. All of these State action or a law. Now, once you excluded State and local labor rela- States, their citizens, and their legisla- federalize this law, States will lose tions from Federal control and inter- tures have expressly considered all the that authority. vention. Yet today the proponents of issues raised in this bill and have de- Look closely at both the Senate and this bill seek to overturn this hallmark cided on a different approach—a dif- the House language of this bill. It spe- principle and to radically change dec- ferent approach—than what would be cifically lists only three things a State ades of unbroken Federal law and pol- required under this bill. Some States can exempt or take off the bargaining icy. The enormity of this change is have decided to use meet-and-confer table: pension, retirement benefits, and only matched by the prospect that it laws. Some have placed limits on the in one version, health insurance. Ev- could occur in the wake of an appalling enforceability of agreements. Some erything else is on the table. That will lack of thought, total disregard for the have limited the subjects of bar- be the Federal law over which a State processes of the Senate, and complete gaining. Some have made the issue one can do nothing. absence of any meaningful opportunity of local option, and some have decided This is a critical problem for every for rational debate. to limit bargaining by employee func- State. States can’t be responsible for This body has before it a bill that tion. the safety of their citizens when the would overturn more than 70 years of States, cities, and towns have done Federal Government takes away the unbroken precedent and law. It would what they think best to provide for the authority they need to accomplish the raise profound constitutional issues. It safety and welfare of their own citizens job. Here is one example. Suppose a would overturn law in a majority of in developing their labor relations pol- State decides to implement mandatory States—in a majority of States—and icy for their own public safety employ- drug testing for public safety officers. completely reverse the fundamental ees. Yet we propose to clearly overturn It can’t just do that under Federal law and founding principle of our national the democratic judgment of at least 22 if H.R. 980 passes. Any change such as labor policy. You would think the Sen- States through this legislation. that would require bargaining. Why ate would consider such a bill only Let’s be clear. We would take this ac- would we ever require that any State, after careful examination and due de- tion not because States have not acted; city or town bargain or horse trade liberation. But if you do think that that is not the case. All these States over matters of public safety? way, sadly, you are wrong. This legisla- made a conscious, democratic decision tion, as I said, has not had a Senate about what is best for their citizens. In If you don’t think this is a real prob- committee hearing or markup this fact, some 16 of these States have con- lem, you need only look at today’s Congress. I looked back 4 years. I could sidered and rejected laws similar to paper. The city of Boston has for years not find a single hearing or markup on H.R. 980 within the last few years. sought to negotiate a drug-testing pro- this bill. There has been no meaningful Now, the impact, however, doesn’t vision with its public safety union. De- exploration by the HELP Committee end there. Experts who have reviewed spite incidents of documented and sus- this Congress of the important issues this legislation and existing State laws pected drug use by Active-Duty per- that this legislation implicates. This have identified at least 12 States where sonnel, the city has not been able to bill grants enormous power over States this bill would raise serious legal ques- implement a program. We have seen to a virtually unknown Federal agency tions about one or more aspects of the same pattern reflected in the ut- that will make critical decisions about their existing collective bargaining terly shameful situation in Major these people. Yet we have never so law. You can see those filled in on the League Baseball and the inability to much as asked a representative sam- chart. These are States that sup- achieve any meaningful resolution, de- pling of State officials about their posedly have full collective bargaining spite years and years and years of col- views, nor have we ever informally statutes. Remember: The question of lective bargaining. Now, here is the dif- asked the Federal agency involved if it whether an existing State law complies ference: Baseball is a game; public safe- feels up to the job we are about to im- with the requirements of H.R. 980 is ty isn’t. pose on it. These shortcomings alone going to be figured out later by a little- So let us be completely clear about are ample proof that this bill is being known Federal agency—the Federal what we propose doing with this legis- pushed not because it is good policy Labor Relations Authority—that is de- lation. Any vote that advances this bill but only because we see it as expedient void of any experience in State labor is a vote to overturn the law and the politics in an election year. relations and isn’t accountable to a democratic will of citizens of a near This bill would require that every single State government. I am sure all majority of our States. Let me say State, every city, and every town with the technical and legal issues left un- that again. Any vote that advances more than 5,000 residents would open clear by this bill, which bear on wheth- this bill is a vote to overturn the law its police, firefighters, and first reer a State law complies, will keep an and the democratic will of the citizens sponders to unionization. It would im- awful lot of lawyers busy for a long of a near majority of our States to cre- pose as Federal mandate—not in the time and guarantee a huge expansion ate unnecessary question and litigation absence of any State consideration of of the Federal labor relations author- over the validity of law in many other this issue but in direct opposition to ity. States and to forever tie the hands and the legislative will of several States. Now, the effect of this bill, however, limit the authority of every State to Proponents of this legislation have goes beyond the States where the law protect the safety of its citizens as it attempted to maintain the fiction that is clearly overturned and where it is sees best. This legislation is not only it actually does little to disturb State probably overturned and where the directly contrary to over 70 years of laws—a good way to pass a bill, I guess, lawyers will fight about whether it is Federal labor policy; it further violates but not true. It is simply not the case. overturned. By federalizing State labor the most fundamental, centuries-long Within the last 2 legislative sessions, relations, this bill will affect every principles of federalism and most like- some 13 States have officially consid- State, city, and town in the country. ly runs completely afoul of the U.S. ered and rejected legislative proposals As a matter of State law, States have Constitution to boot. similar to the law that would be feder- the authority to effectively take items With all this in mind, we should be ally imposed under H.R. 980. The pro- off the union bargaining table. Many asking ourselves: What price is this ponents of this legislation have at- States with collective bargaining laws Congress willing to pay in an effort to tempted to maintain the fiction that it already do this, particularly in the ingratiate itself to organized labor?

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.047 S13MYPT1 smartinez on PROD1PC64 with SENATE S4078 CONGRESSIONAL RECORD — SENATE May 13, 2008 Earlier this year, Congress trans- force unions on States, cities, and double negative, lawyer speak in a de- parently pandered to the special inter- towns but would not require union fi- ceptive effort to claim that the prob- ests of organized labor and came peril- nancial transparency or require that lem is solved. I guarantee you that it is ously close to depriving workers of workers have access to this financial not. Once you unwind the language, their democratic right to a secret bal- data. you will find both the House and Sen- lot in deciding the question of union- Fifth, this is the gift that keeps on ate versions of the bill leave the door ization. Now we are at it again. This giving. Not only is there no require- wide open to an all-out union assault time, however, the price of congres- ment about union financial reporting on the use of volunteer firefighters. sional pandering is the sovereign au- and disclosure in this bill, this bill also In 25 States, volunteer firefighters thority of States and the integrity of fails to contain any guarantees to the account for all or most of the staffing their democratic process. workers about how their union dues in more than 90 percent of the depart- Since even these compelling facts are money can be spent. For example, ments statewide. In 14 States, volun- unlikely to stand in the way of poli- workers unionized under current Fed- teers account for all or most of the tics, we need to look at the legislation eral law cannot be required to con- staffing in more than 80 percent of the itself. Since it has not been discussed tribute to a union’s favorite political departments. With just two exceptions, and has not been marked up in the causes. This bill, which forces collec- in the remaining 11 States, volunteers committee of jurisdiction, I suppose at tive bargaining on States, cities, and account for all or most of the staffing least a few moments of legislative con- towns that have rejected it contains no in more than 60 percent of the depart- sideration is better than none at all. such guarantee. ments. No State can provide fire pro- In no particular order, here are a few Sixth, this bill would not only fail to tection in its cities, towns, and rural of the multiple and fatal drafting and provide any meaningful guarantee districts without volunteer fire- policy problems of this bill: against the disruption of municipal fighters. Anyone who even considers First, this bill is the height of hypoc- services because of labor disputes, it advancing this legislation ought to be risy by the Federal Government. This practically guarantees the right of completely sure that it could not have bill would require States, cities, and unions to cause those disruptions. The a negative effect in their State. towns over 5,000 to provide full collec- bill purports to have no strike guar- These problems represent only the tive bargaining for all their public antee. However, it goes to great pains tip of the iceberg. This bill is quite safety employees. However, while re- to say it is not a strike when a public simply a prime example of terrible pol- quiring this of States, cities, and safety officer refuses ‘‘to carry out icy being badly executed, without proc- towns, the Federal Government would services that are not mandatory condi- ess. continue to exempt itself from any col- tions’’ of their employment. Mr. President, I want to bring up an- lective bargaining obligation with re- What does that mean? Who decides other point regarding this legislation gard to many of its public safety em- which duties of a firefighter or police that is also of critical importance. This ployees. officer or public safety officer—that is bill imposes an enormous unfunded Let’s see. We are going to tell States, a pretty broad title—are ‘‘mandatory’’? Federal mandate on States, cities, and cities, and towns what to do, but we This provision appears to be nothing towns across the country. I want to don’t tell ourselves what to do. That more than legislative code words spe- take a minute and address this serious sounds like hypocrisy to me. cifically authorizing ‘‘work to rule’’ concern not only from my current posi- Second, this law would require States and a host of other types of disruptive tion as a Senator but from my former to bargain over wages of their covered job actions that have become all too fa- position as mayor of Gillette, WY, a employees. However, the Federal Gov- miliar among public school teacher city of about 22,000 people. ernment routinely exempts itself from unions. This bill forces unions on un- As I look around the Chamber, not bargaining over wages with its employ- willing cities and towns, and then gives many here have had any experience ees. those unions a legislative green light with trying to balance the budget of a I wonder how many Senators bargain to disrupt municipal services. city or town. So I guess we should un- with their staff? Moreover, this bill Finally, there is the enormous prob- derstand why they would pay so little would severely limit—in fact, virtually lem in this legislation that relates to attention to the very real financial eliminate—the right of State govern- volunteer firefighters. It is no secret consequences of their actions on thou- ments to determine the appropriate that the International Association of sands of municipalities. They ought to. subjects for bargaining with their em- Firefighters, the principal firefighter Just last week, after teetering on the ployees—a right fully retained by the union in this country, actively opposes brink of insolvency, the city of Vallejo, Federal Government with regard to its the use of voluntary fire departments. CA, finally declared bankruptcy. Ev- employees. It has consistently sought to prevent eryone has acknowledged that the Third, this legislation forces collec- its members from volunteering their cause of Vallejo’s financial problems tive bargaining on States but doesn’t services. Its own union constitution was plain and simple: The spiraling require or ensure fundamental em- provides for the discipline, fining, or costs of their police and firefighter ployee rights. For example, Federal discharge of members who do. The labor agreements. law preserves the right of the workers most effective way this union has to Vallejo is not alone. In the last few in the private sector to decide the issue prohibit volunteering or, as they refer years, a number of other cities and of unionization by secret ballot. How- to it, ‘‘two-hatting,’’ is the union con- towns have teetered on the brink or ac- ever, this legislation, which imposes tract clause to that effect. They have tually have been forced into bank- collective bargaining on unwilling sought and obtained this kind of clause ruptcy: McCall, ID; Toledo, OH; Mar- States, cities, towns, and their employ- in union contracts across the country ion, MS; Moffet, OK; Duluth, MN—just ees, not only fails to guarantee the and want to make sure they can con- to name a few. right to a secret ballot in union elec- tinue to do so under H.R. 980. Now, what we usually don’t realize in tions, it specifically ratifies and ap- Now, there is a clause in there that this body is those bodies don’t get to proves State laws that strip public sec- may be referred to. If you look at it, it print their own money. They actually tor workers from this fundamental is ‘‘weasel’’ words. It does not do what have to work with the revenue that democratic right. it is purported to do, and it will elimi- comes in. Most of them have severe Fourth, this legislation is a gift to nate volunteer fire departments. limitations on the ability to raise organized labor that comes with none Members are being told this problem money. They could not raise taxes if of the obligations or safeguards of with the bill has been ‘‘fixed.’’ That is they wanted to. So the revenue is lim- other federally mandated bargaining. wrong. It is not. If you really wanted to ited, but the costs go up. What do you Unionized workers, under current Fed- make sure unions had no authority to do? eral law, have the right to information kill off volunteer firefighting, you Here is the reality. Without regard to about their union’s finances, and those could write a plain provision that does pay or benefits, just the administrative unions must publicly report on their fi- exactly that. Instead, both the House costs alone of collective bargaining nances every year. This bill would and Senate versions use convoluted, represent a very significant line item

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.048 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4079 that Congress now proposes to force on ming it is; 3,500 is considered a first- supported or authorized by such employee is States, cities, and towns. Towns, par- class city. But 5,000 is not a very big susceptible to job dissatisfaction. Job dis- ticularly small ones, that currently town, and there isn’t as much exper- satisfaction negatively affects job perform- don’t have the resources to negotiate tise. ance, and, in the case of public safety officers, the welfare of the general public. and administer multiple collective bar- I mention that another piece of the SEC. 2A. PUBLIC SAFETY OFFICER BILL OF gaining agreements must now hire and bill says the requirement is imposed RIGHTS. pay for these additional services. And when there are 25 employees. It doesn’t (a) IN GENERAL.—A State law described in this isn’t just going to be one; it is say 25 public safety employees. It section 4(a) shall— multiple. doesn’t say 25 people who would be cov- (1) provide for the selection of an exclusive Towns and cities that do not devote ered by this. It says a flat 25. I suspect bargaining representative by public safety the long hours of municipal time to the there are a lot smaller towns than 5,000 officer employees only through the use of a complicated process of bargaining and democratic, government-supervised, secret that have 25 employees. That is a pret- ballot election upon the request of the em- overseeing multiple union contracts ty small amount. That is not the same and to administering contract provi- ployer or any affected employee; as public safety employees. So they ei- (2) ensure that public safety employers rec- sions and resolving disputes under a ther have to cut services or raise taxes ognize the employees’ labor organization, collective bargaining system will be re- or the city is going into bankruptcy. freely chosen by a majority of the employees quired to spend that time. Nobody The bill doesn’t contain any worker pursuant to a law that provides the demo- should be fooled. Those additional protection for them getting to vote on cratic safeguards set forth in paragraph (1), manpower and manhour requirements whether they will have a union, and it to agree to bargain with the labor organiza- are enormously costly and burdensome. puts in charge a little known Federal tion, and to commit any agreements to writ- This bill would impose those costs by ing in a contract or memorandum of under- agency. Again, it is pretty hypocritical standing; and Federal mandate but would not provide of us. We have not imposed this on the a single penny of Federal money to (3) provide that— Federal Government, but we are will- (A) no public safety officer shall, as a con- help offset those costs. Make no mis- ing to impose it on the little places dition of employment, be required to pay any take, the Congress is proposing to buy back home. I think we will regret it, amount in dues or fees to any labor organiza- organized labor a free lunch and stick and it will remind us of the mistake we tion for any purpose other than the direct America’s small towns with the bill. made here. and demonstrable costs associated with col- As a former mayor and as the only I yield the floor. lective bargaining; and (B) a labor organization shall not collect accountant in the Senate, I remind my The PRESIDING OFFICER. The Sen- colleagues about the cold realities of from any public safety officer any additional ator from Massachusetts is recognized. municipal finance. If you increase mu- amount without full disclosure of the in- Mr. KENNEDY. Mr. President, I see tended and actual use of such funds, and nicipal costs, you have only two ways my friend from Utah. We did have to meet those increased costs: You ei- without the public safety officer’s written three speakers on our side, and we are consent. ther increase revenues or decrease going to do the best we can to balance (b) APPLICABILITY OF DISCLOSURE REQUIRE- services. This bill will unquestionably it. I think the Senator’s side is next. MENTS.—Notwithstanding any other provi- place many municipalities in that dif- sion of law, any labor organization that rep- How long does the Senator from Utah ficult position of choosing between resents or seeks to represent public safety wish to speak? Then I will ask that the raising State and local taxes, which officers under State law or this Act, or in ac- Senator from New York to follow. they probably would not have the capa- cordance with regulations promulgated by Mr. HATCH. I can probably do it in bility to do, or decreasing and elimi- the Federal Labor Relations Authority, shall less than 10 minutes or around that. be subject to the requirements of title II of nating local municipal services, which Mr. KENNEDY. Mr. President, I ask the Labor-Management Reporting and Dis- they don’t want to do. unanimous consent that the Senator closure Act of 1959 (29 U.S.C. 432 et seq.) as if Are the Members of this body so com- from New Jersey be recognized for 20 such public safety labor organization was a pletely out of touch with the real needs labor organization defined in section 3(i) of minutes following Senator HATCH. of their constituents and the real fiscal such Act (29 U.S.C. 402(i)). The PRESIDING OFFICER (Mr. problems that their cities and towns (c) APPLICATION.—Notwithstanding any SANDERS). Without objection, it is so face every day that they would impose other provision of law, the provisions of this ordered. section shall apply to all States. these unnecessary costs and burdens? With stagnant or declining property AMENDMENT NO. 4755 TO AMENDMENT NO. 4751 Mr. HATCH. Mr. President, many of values and an endless parade of in- Mr. HATCH. Mr. President, I believe my colleagues have spoken about the creasingly fixed costs, don’t our cities my amendment No. 4755 is at the desk. tremendous service America’s public and towns have enough on their plate I call it up and ask for its immediate safety employees give to the public. I without the Federal Government im- consideration. could not agree more. Any given day posing yet another cost on them? The PRESIDING OFFICER. The one of these officers may be asked to This isn’t an imaginary problem. Re- clerk will report. put his or her life on the line, and they member Vallejo, CA, and the other cit- The bill clerk read as follows: will do so willingly and courageously. I ies and towns I mentioned across the The Senator from Utah [Mr. HATCH] pro- agree with my colleagues that individ- country that make it clear that this poses an amendment numbered 4755. uals who choose these careers deserve problem is very real. Mr. HATCH. Mr. President, I ask respect, gratitude, and special treat- For all these reasons, Mr. President, unanimous consent that reading of the ment. But the bill we are considering I am opposed to H.R. 980. I urge my col- amendment be dispensed with. today would actually result in dimin- leagues to vote no on this legislation. The PRESIDING OFFICER. Without ishing the rights of public safety em- Hopefully, we will have a chance to objection, it is so ordered. ployees who are not currently union- make some corrections to this bill— The amendment is as follows: ized. particularly on the flaws that I have (Purpose: To provide for a public safety Once a workforce is unionized, even pointed out. officer bill of rights) employees who don’t wish to be part of I will just recap. It didn’t go to com- At the end of section 2, add the following: a union will have pay deducted from mittee. It is an unprecedented intru- (5) Public safety officers frequently endan- their paychecks, spent in a manner sion by the Federal Government. It di- ger their own lives to protect the rights of outside of their control, and they will rectly overturns existing laws in 22 individuals in their communities. In return, have very little ability to question or States. It casts doubt on a dozen more. each officer deserves the optimal protection alter the legal representation that has Sixteen States have recently consid- of his or her own rights under the law. been established with or without their ered and rejected legislation very much (6) The health and safety of the Nation and support. like this. It calls into question the con- the best interests of public security are My amendment seeks merely to bal- furthered when employees are assured that stitutionality. We had no hearing or their collective bargaining representatives ance that diminution of self-deter- markup. It creates unfunded mandates. have been selected in a free, fair and demo- mination by establishing a Public Em- It would impose costs on small towns. cratic manner. ployee Bill of Rights. I don’t know how many of you think (7) An employee whose wages are subject to This amendment would do three 5,000 is a big city. Actually, in Wyo- compulsory assessment for any purpose not things: Guarantee the right to vote by

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We say on both items including my home State of New Jer- ballot, my amendment guarantees for the Senator addressed that the States sey. This bill would give public safety public safety employees that same are the ones that should make the officers across the country that right. right private employees now have. In a judgment and determinations. It would ensure if they choose—if they democratic society, nothing is more sa- We will have a longer time to debate choose—they can join a union and bar- cred than the right to vote, and it is this issue. gain over wages, hours, and working undeniable that nothing ensures truly I thank the Senator from New Jer- conditions. free choice more than the use of a pri- sey. I was a former mayor. I did not have vate ballot. The PRESIDING OFFICER. The Sen- the challenges of having a unionized The possibility of coercive or threat- ator from New Jersey. police force and firefighting force that ening behavior toward employees who Mr. MENENDEZ. Mr. President, let ultimately worked in contradiction to may not wish to form a union is even me first say I appreciate the Senator the interests of my municipality. I did more concerning in the context of pub- from Massachusetts and his leadership not. Certainly, in the urbanized con- lic safety employees who rely on co- in this regard. I have come to the floor text in which I was, that was a bigger workers to reduce the deadly risks not only to acknowledge his leadership challenge than others. So the reality is they face routinely in the course of on this critical piece of legislation but I do not believe the right to collec- their important work. to speak strongly in support of the tively organize automatically means The amendment would also limit the Public Safety Employer-Employee Co- the dire consequences that some have right of public unions’ dues collection operation Act. For me, this bill is portrayed as it relates to this legisla- authority to nonpolitical uses. Those about protecting some of the most tion. who choose public service often accept basic fundamental rights of America’s In New Jersey, we recognize how im- lower pay than they might make in the bravest and finest public servants. Our portant it is for first responders to private sector because they are dedi- Nation’s first responders put their lives have a strong working relationship cated to public service. Let’s not insult on the line every day. That sometimes with the municipalities they serve. We that choice by allowing labor bosses to only comes vividly to us when we lose recognize these public safety officers take money from that paycheck and one of those brave men and women and deserve the dignity and respect to have spend it on purely political causes the their lives are lost in the line of duty, a say in their wages, hours, and work- employee does not support. but the reality is they are at risk every ing conditions. And we recognize that I believe public employees should day, risking everything they have to when public safety employers and em- have the same protections from fraud protect us, to protect complete strang- ployees work together, the results and abuse as private employees. My ers, to protect their communities. At a serve us extremely well. amendment would empower public em- moment’s notice, they are on call to Some of my colleagues will try to ployees by allowing them to observe respond to natural and manmade disas- argue this legislation will hurt volun- how their dues are being spent and the ters of every size, scope, and severity. teer firefighters by limiting the other financial dealings of their These men and women are firefighters, amount of time professionals can vol- unions. It does this by bringing public emergency management technicians, unteer while off duty. We have volun- unions under the requirements of the police officers, and first responders who teer firefighters in New Jersey along- Labor Management Reporting and Dis- are prepared day in and day out to go side those who are organized at the closure Act, a 1959 law enacted with bi- to any length to save the life of a com- same time, and that has not simply partisan support, including then-Sen- plete stranger. been the case. This is simply incorrect, ator John F. Kennedy. They have one goal: to keep others as the legislation specifically forbids Public employees who pay union safe. In those moments, they don’t any State from putting limits on pro- dues, especially those who are com- think about anything else. As they fessional firefighters who volunteer pelled to do so against their wishes, are rush to respond to a fire, they are not during their off-duty hours. no less entitled to financial trans- thinking about their job security. As Others are saying this legislation parency and fraud protections than the they risk their life in a collapsing could effectively repeal State right-to- private sector employees covered under building, they are not doing it in re- work laws. Again, this legislation spe- the law today. turn for a higher wage. As they put cifically allows States to enforce right- I urge my colleagues to support this themselves into harm’s way, they are to-work laws. The bill makes no amendment. It is a simple amendment. not thinking about the benefits their change in States that have right-to- It provides for protections that ought family might receive if the worst work laws and would not prevent any to be there. If this bill should pass, should happen. other States from adopting new right- these protections, at a minimum, In 2006, more than 75,000 police offi- to-work laws. ought to be part of this bill. cers were injured in the line of duty, Let’s be honest about what the bill Mr. President, I yield the floor. and last year 140 police officers paid actually does say. It does not dictate The PRESIDING OFFICER. The Sen- the ultimate price and lost their lives how States should approach this issue. ator from Massachusetts. in the line of duty. In 2006, more than The bill only requires local govern- Mr. KENNEDY. Mr. President, we 83,000 firefighters were injured in the ments to engage in negotiations if will recognize the Senator from New line of duty, and 115 firefighters paid workers choose to join a union. It re- Jersey, but if he will yield a minute. the ultimate price. This year alone, an- spects the authority of local legislative Mr. MENENDEZ. I will be happy to other 45 have lost their lives. bodies to approve or disapprove funding yield to the Senator. Today we have an opportunity to for any negotiated agreement. The bill Mr. KENNEDY. Mr. President, we thank these selfless heroes, not just only affects States that do not already want to permit others to speak. I will with our words but with our actions. provide their public safety officers speak in a short time in response to my We have an opportunity to guarantee with the right to bargain collectively. friend and colleague from Wyoming. If the rights of those who work to protect States that do not have these protec- this legislation did what he suggested our lives and safety every day. In tions can choose to establish their own it did, I would not be a sponsor or sup- short, we have an opportunity to fix collective bargaining systems. port the legislation either. I will go what is wrong and do what is right. I hope we realize what is at stake into some detail in explaining what the This legislation simply gives first re- here. Beyond fairness, which is some- legislation does do and what it doesn’t sponders the same right that virtually thing which is fundamentally impor- do. all Americans enjoy: the right to col- tant, particularly for those who risk

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They play a higher. imposing extraordinary hardships, ad- critical role in homeland security. So The fact is, greater protections for ditional burdens, and unfunded man- by enhancing cooperation between workers lead to better safety condi- dates on mayors, particularly in small- those public safety employers and em- tions. We have seen this time and time er communities, and do a great dis- ployees, I believe the legislation helps again in which the negotiation—some service, actually, in terms of the whole to ensure that vital public services run people think it is only about money. It relationship between the public safety as smoothly as possible. is not just about money. When I was a officers and the security of the commu- It is interesting that every New York mayor, some of the most significant nity. City firefighter and police officer who negotiations were about the standard So I particularly value his comments responded to the disaster at the World under which you operated, which was on this aspect of the bill. There are ob- Trade Center on September 11, 2001, not only important as it related to the viously a number of other important was a union member under a collective firefighter or the police officer but was aspects of it. But as it relates to small bargaining agreement. important as it related to the response towns, I forget the actual population or I believe their ability to have been time and the ability to perform the the size of the community, the city integrated in their negotiations with services that ultimately saved property that the good Senator was the mayor the cities about all aspects of the deliv- and saved lives. of, but, in any event, if he could elabo- ery of their services gave some of the Some people think this is all about rate on his views about this legislation most incredible response on that fate- simply money and making more and and its importance to mayors as well ful day. There is not a reason why we cannot having better benefits. A lot of it is as to firefighters, I think it would be see that take place across the country about working conditions and the na- very helpful because he speaks from in terms of readiness. So I believe that ture of how one, in fact, applies their very practical experience. if we look at the bill, it only requires profession in a way that not only saves Mr. MENENDEZ. Well, I appreciate local governments to engage in nego- lives of those who serve—firefighters the comments of the Senator from tiations. If workers choose to join a and police officers—but also saves the Massachusetts. We had about 60,000 union, that is a rather low threshold. lives of those they were sworn to pro- people in the community at the time. Again, States that do not have these tect because they had a better sys- But it was a challenge, 60,000 people in protections can choose to establish 1.1 square miles, the most densely pop- tem—breathing apparatus, having the their own collective bargaining sys- technology to enter into a fire and ulated city in the Nation. So the uniqueness of some of those tems. So I hope we realize what is at being able to detect someone who has stake—that safety is incredibly at challenges of having police and fire- been immobilized. Often that negotia- stake. fighters be able to respond was very tion was not about money but about Twenty-nine States, along with the can we have this equipment that is es- much—although the population was District of Columbia, currently guar- sential for us to perform our duty in high, the geography was small. So we antee all public safety workers the fun- behalf of those we are sworn to serve. had a much smaller sense of the re- damental right of collective bar- It seems to me we have to understand sponse times and the necessities that gaining. Now, with the House of Rep- there is a direct correlation between were demanded. resentatives overwhelmingly—over- But I also was part of the mayors’ co- the benefits that often are on the nego- whelmingly—approving companion leg- tiating table to citizens, not only to alition in the State of New Jersey at islation almost a year ago, it is hard to those who serve but to citizens in the time. That coalition represented believe the Senate will not act. terms of having greater lifesaving ca- urban, suburban, rural mayors. In fact, it is time for the Senate to pabilities—for me as a mayor, that was Throughout the State of New Jersey, act and to respond. With 80,000 fire- often what I heard the negotiations they had obviously the right for collec- fighters and 76,000 police officers being being about. I thought it was exem- tive bargaining. To be honest with you, injured in the line of duty each year, plary, that we were negotiating over I don’t recall any of those mayors say- the time has come to ensure that these how do we better save lives at the end ing collective bargaining was the bane workers are protected. It is time to put of the day. of their existence as it related to being our votes where our values are. It is in- Any time we can have the reality able to produce the services. teresting to me how very often those of that more lives are saved because, in I think the reality is that what we do us who serve in this body and the other fact, the collective bargaining system through this process is we build strong body want to be there with police and allows us to create circumstances partnerships between first responders firefighters. We want to take our pic- under which not only the workplace and the cities and the States in which ture with them, acknowledge them. We and the profession, but the lives of the they serve. When public safety employ- appreciate their services. citizens of those communities are ers and employees work together, it We talk about their heroism. But the saved, is worthy of achieving. not only reduces worker fatalities, and time for all that talk to be meaningful Mr. KENNEDY. Mr. President, will they have a consequence, even in a is when you come to the Senate and the Senator yield? noncollective bargaining system— you cast a vote that is to simply have Mr. MENENDEZ. I will be happy to there obviously clearly are claims a right that is fundamentally basic, yield. against the municipality—but above that we have believed it to be truly an Mr. KENNEDY. I always appreciate all, it improves the quality of the serv- American right. And so all those pic- hearing from the Senator from New ices and the delivery of those services tures, all those speeches, it is time to Jersey. I hope our colleagues will listen at the end of the day. put that vote to work. It is time to put carefully to what the Senator from I believe in a post-September 11 our votes where our values are. It is New Jersey has said because he comes world, having resided in a State that time to uphold the rights of those who to this debate as a former mayor. May- lost hundreds of people on that fateful provide for our safety. It is time we ors, as we all know, have had special day and in a community that saw sev- show how much we appreciate the dedi- relationships, obviously, with fire- eral hundred lost on that fateful day, cation and bravery of our Nation’s he- fighters and police on the firing line. that these are individuals who now roes who take this risk every day. So when I hear the Senator from New play a critical role far beyond what we Mr. KENNEDY. Would the Senator Jersey talk about that value as a envisioned originally or what their his- yield for another question? former mayor, he can see the value in tory has been, which is certainly pro- Mr. MENENDEZ. I would be happy to terms of safety and security for the ducing the safety in our communities yield.

VerDate Aug 31 2005 02:10 May 14, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.053 S13MYPT1 smartinez on PROD1PC64 with SENATE S4082 CONGRESSIONAL RECORD — SENATE May 13, 2008 Mr. KENNEDY. I think all of us in ernmental bodies in performing and the dignity they deserve to be able to this body know the good Senator rep- having a service goes far beyond that negotiate not only for themselves and resents the State of New Jersey in this which may exist in those States that their families but for the well-being of case, which had suffered extraordinary do not permit that interaction through the citizens they serve. loss at the time of 9/11. A number of the collective bargaining system, that I yield the floor. those extraordinary firefighters lived in fact lives of their fellow officers can The PRESIDING OFFICER (Mr. in the Senator’s State. So when he be saved, their fellow police officers CASEY). The Senator the Tennessee. speaks about these issues, talking and, most importantly, the lives of Mr. ALEXANDER. Mr. President, I about the courage and the bravery of their fellow citizens. That is why they ask unanimous consent to set aside the these firefighters, he talks about it have come and advocated for this legis- pending amendment. with a good deal of background and un- lation. The PRESIDING OFFICER. Without derstanding and an enormous sense of Even though they already enjoy the objection, it is so ordered. compassion for having gone through benefit, they understand the potential AMENDMENT NO. 4760 TO AMENDMENT NO. 4751 with many of these families their loss. benefits for a much broader benefit for Mr. ALEXANDER. I send to the desk That is why, I believe, the Senator in a much broader universe. an amendment and ask for its imme- his strong support for this legislation, Mr. KENNEDY. I see other Senators diate consideration. I believe Senator as a former mayor and also someone wish to address the Senate. We have KENNEDY has seen a copy of it. who knows and has personal experience been reminded about how long we have The PRESIDING OFFICER. The with these firefighters, can speak so been considering this legislation and clerk will report the amendment. authoritatively about what this legis- how important it is that we do it at the The bill clerk read as follows: lation can mean in terms of the safety present time. The Senator from Tennessee [Mr. ALEX- and security of the community and As the Senator knows, this bill was ANDER] proposes an amendment numbered also with regard to the safety and secu- initially introduced by our former col- 4760 to amendment No. 4751 rity of the firefighters, police officers, league, Senator Mike Dewine, in 1999. Mr. ALEXANDER. Mr. President, I first responders. The Senate even voted on it in 2002. We ask unanimous consent that the read- Does the Senator agree with me that had a HELP Committee hearing on this ing of the amendment be dispensed those who were not lost on that day same legislation in the 106th Congress with. but in a very real sense brothers and in 2001. The PRESIDING OFFICER. Without sisters of the first responders who were So many of these brave responders objection, it is so ordered. lost on 9/11, many of whom were lost in have waited for a long time. This has The amendment (No. 4760) is as fol- his district, do they feel that legisla- gone on for some 8 years without com- lows: tion will help and assist providing safe- ing to completion. It is a matter that (Purpose: To guarantee public safety and ty and security to the people, whether has been before this body as well dur- local control of taxes and spending) it is in New Jersey, or in the commu- ing this Congress. At the appropriate place, insert the fol- nities they represent, and that they are So would the Senator not agree with lowing: supporting this legislation because me, finally, that the time is now to SEC. ll. GUARANTEEING PUBLIC SAFETY AND take action? This is the time. We are LOCAL CONTROL OF TAXES AND they are very hopeful and prayerful we SPENDING. will never again face that kind of trag- talking about homeland security; we Notwithstanding any State law or regula- edy we faced but that they believe this are talking about first responders; we tion issued under section 5, no collective- legislation can help provide additional are talking about those firefighters and bargaining obligation may be imposed on safety and security for their commu- police officers. Now is the time to per- any political subdivision or any public safety nities and for their fellow citizens? mit them to be fully engaged and in- employer, and no contractual provision may Mr. MENENDEZ. I appreciate the volved in further advancing the safety be imposed on any political subdivision or question of the Senator from Massa- and security of our colleagues. public safety employer, if either the prin- chusetts and the chairman of the com- Would the Senator not agree with me cipal administrative officer of such public safety employer, or the chief elected official mittee. The answer is, yes, I say to the that this is a significant matter that of such political subdivision certifies that Senator. The fact is that New we have full awareness of and knowl- the obligation, or any provision would be Jerseyans have this right. Yet every edge of and should be ready to take ac- contrary to the best interests of public safe- year when I have had visits from fire- tion on? ty; or would result in any increase in local fighters and police officers, they have Mr. MENENDEZ. I agree fully with taxes, or would result in any decrease in the talked about this legislation because Senator KENNEDY, that in fact, it is level of public safety or other municipal they understand, even though they al- past time. Senator Dewine was a Re- services. ready have the right, they never want publican and obviously saw the wisdom Mr. ALEXANDER. Mr. President, to visit another State for the loss of of this legislation. It is even more ap- this is an amendment to the pending one of their fellows in service who have propriate today. We face challenges un- legislation which would give the may- committed the ultimate sacrifice. like any other time in our history as it ors and chief administrative officers of They understand very powerfully relates to what police and firefighters cities and States the opportunity to that the ability to negotiate, as I sug- are called to do, to go far beyond their opt out if they conclude that this law gested earlier, is not only about sala- traditional roles. They need to have a would be, in their circumstances, con- ries. Look, you do not do this type of voice as it relates to how they respond trary to the best interest of public work for a salary. You do not do this to these new challenges and to their safety, No. 1, or would result in an in- type of work for a pension. You do not new roles. crease in local taxes or a decrease in do this type of work for certain bene- Finally, I would simply say, when the level of public safety or other mu- fits. You do this type of work because they negotiated, I know New York City nicipal service. In other words, if this you are committed to the proposition firefighters did not say: Well, we do not legislation amounted to an unfunded that you are willing to sacrifice your have enough men on the rig according Federal mandate, it would not be effec- life in return for saving someone else’s, to our contract so we are not going to tive. and that is incredibly important. respond on September 11 or enough po- Let me speak to the unfunded man- Finally, the reality is, I found it in- lice officers to say we do not have two- date aspect of this legislation and its teresting in those negotiations that I men cars patrolling so we are not going interference with the prerogative of used to have as a mayor, very often, as to respond. States. Those are two different ideas I said before about the ability to per- That has never been the case of those and two very important ideas in the form the job, because it was with the who serve. They have an oath and call- American fabric. Let me begin by say- mission in mind and the oath taken to ing and they live up to that calling ing we are talking about some of the save lives, that more often was on the every day. We need to live up to our ul- most honored men and women in our table than the question simply about timate calling in the Senate to respond country—firefighters, policemen, and salaries or pensions or benefits. They to the challenges they face each and other public safety workers. That is know their interaction with their gov- every day to give them the right and true in Tennessee as well. We have over

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Charles Martinez from Maryville, my Senate which, I might add, are major- What we are saying to Maryville is: hometown, was named Tennessee fire- ity Democratic during all of this time. OK, the Senator from New Jersey and fighter of the year in 2004 for giving his In 1997, Tennessee said: We prefer to the Senator from Massachusetts have a kidney to a fellow firefighter. We deep- have a law in Tennessee that provides better idea for you folks in Maryville. ly admire him for that. that mayors and local officials deal di- We are going to impose on you a dif- In 2006, Lieutenant Terrance Andrews rectly with public safety employees ferent way of dealing with your police- of Chattanooga was named Tennessee such as firefighters and police officers. men and firemen. As a result, some firefighter of the year for his dramatic We believe that is the best way to en- labor union leader from Massachusetts rescue during a house fire in which he courage public safety, to have strong and New Jersey may come into Mary- pulled the security bars away from a communities, and to provide the best ville and say: Instead of spending 75 window to save Virginia Humphrey. labor-management relationship in our percent of your money to make schools Ms. Humphrey was injured and spent State. better, we want you to do this, that, or some time in a hospital, but she fully The State legislature said that in the other about public safety and re- recovered. I admire Lieutenant 1997. The Democratic State legislature duce spending on schools and increase Terrance Andrews’ bravery. said it again in 1999. They said it again spending for salaries of public safety Another example, firefighter Shane in 2001, 2003, and 2005. In our State of people. Daughetee of the Highway 58 Volunteer Tennessee, we will grant that a dif- One could make that argument. Fire Department in Chattanooga died ferent rule might be good for New Jer- But so far, the people in my home- in the line of duty in January of last sey, but we have decided over the last town have said: We would rather not do year when he was trying to rescue a two or three decades that way is not it that way. We would rather make family. We mourn Shane Daughetee’s good for our State. education our priority. We think we death and admire the bravery of that What are we talking about here? have a super police force. We are very individual. All of us admire and respect What we are saying in this Federal proud of them. But we like the way we the bravery of firefighters and other law—which will be imposed, as the Sen- are doing things. The same in Sweet- public safety employees in all our com- ator from Wyoming has said, on every water and Erwin and Bolivar and Rock- munities. But that is not what this leg- State, but in 21 States like ours, it wood and Church Hill and Millersville. islation is about. overturns our law—is basically that a Ninety of our towns in Tennessee A better name for this bill would be mayor is required to recognize a union would suddenly be doing things the the ‘‘Washington knows best unfunded leader, if he or she wants to sit down New Jersey way, the New York way. If mandate act.’’ In the name of some of and talk instead of with the policemen we wanted to do things the New Jersey the men and women we respect the and firemen and other public safety way, we would move to New Jersey. We most, our firefighters, policemen, and employees about pay, benefits, and would move to Massachusetts. We others, we are about to commit two of work rules. It takes away the State’s would move to New York. Those are Washington’s worst and most flagrant decision that says we believe it is bet- wonderful States, but we don’t choose sins. That is, No. 1, to take away from ter for the mayor to deal directly with to live there. We like to do things our States and communities their right to those employees. I don’t know what way, and we have always been able to. decide their own labor relations, what that will do to improve working condi- We don’t have a chance to do that they ought to be; and, No. 2, to pass an tions or cooperation or the public safe- just out of common sense. Common expensive piece of legislation, make it ty, but I am confident it will coerce sense would suggest that a big, com- sound good, take credit for it, and then hundreds of thousands of local police- plex country of 300 million people, send the bill home to mayors, Gov- men and firemen to pay union dues and where people come from all over the ernors, and local officials who will fatten those treasuries. world and freedom and liberty are our have to either raise taxes or cut serv- This bill is saying what is good for values, that we allow people as much ices to deal with it. It is an unfunded New Jersey, what is good for Massa- as possible to do things in different mandate in that sense. chusetts, is good for Tennessee. What I ways, so long as they meet with cer- Current Supreme Court law suggests am saying is we have 90 towns in Ten- tain constitutional rights. Senator that the tenth amendment permits the nessee that will be forced to change BYRD likes for us to carry around in Federal Government to require State how they deal with their public em- our pockets the Constitution to which compliance with the general regu- ployees, because someone in New Jer- we took an oath to honor. It says in latory scheme but does not permit the sey or someone in Massachusetts or amendment X: Federal government to require States other States thinks that is what we The powers not delegated to the United in their sovereign capacities to regu- ought to do. Not only does Washington States by the Constitution, nor prohibited late their own citizens. know best, according to the advocates by it to the States, are reserved to the The argument made by the distin- of this legislation, but also that Wash- States respectively, or to the people. guished Senator from New Jersey basi- ington knows best how to spend our In other words, it says that in the cally boiled down to this: We have it in money. Because what are these discus- United States of America—it might not New Jersey, so we are going to make sions about? They are discussions be true in some other countries—unless Tennessee have it. We have decided in about towns such as Pulaski, 7,800 peo- the Constitution says the Federal Gov- New Jersey that it is a good idea, so I ple; Mumford, 5,000 people; Dyersburg, ernment shall do it, the States do it. am going to fly to Washington and im- 17,000; Alcoa, 7,700; my hometown of And so the States have been doing it. pose it on Tennessee, Georgia, Wyo- Maryville, 23,000. We don’t say in this country if New ming, and all 21 States which have dif- Let me take Maryville as an exam- Jersey does it and the Senator from ferent laws. ple. We have good schools there. My fa- New Jersey thinks it is a good idea to This is not a new subject. We haven’t ther ran for the school board after do it in Tennessee, make Tennessee do been waiting a long time to discuss World War II with a ticket of men and it. That is not the way we do things. So this. We debated and discussed this law women who said: We will take all the I don’t believe this legislation is con- every year I was Governor of Tennessee money we have and we are going to stitutional, among other things. in the 1980s, which is where it is sup- focus on having great schools. So in Let me also say that as a former posed to be discussed, because we are that blue-collar town where at the Governor, I am trying to make a tem- discussing the labor relations of the time most of the people worked for the perate speech about this legislation, State of Tennessee. It was discussed al- Alcoa plant, middle-income commu- because I feel so strongly about it. But

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.056 S13MYPT1 smartinez on PROD1PC64 with SENATE S4084 CONGRESSIONAL RECORD — SENATE May 13, 2008 as a former Governor, when I was sit- labor relations, or how to deal directly So I am very worried about this piece ting there in Nashville, nothing made with our volunteer firemen. We have of legislation. I think it is bad for Ten- me madder than to look up to Wash- over 700 fire departments in Ten- nessee. It is bad for our labor-manage- ington and see some Congressman—and nessee—700—and lots of different ways ment relations. We have enough com- I will have to say, sometimes they were of dealing with them. We do not need mon sense in our State—with our Republicans and sometimes they were anybody from New Jersey or Massachu- Democratic Governor, our Democratic Democrats—who flew to Washington setts or somewhere else telling us how House of Representatives, our Repub- and got smarter than they were when we should deal with them. lican State senate now—to make these they were back in the small towns in This is an ominous trend. Tennessee decisions for ourselves. Why do we need which they grew up. They would say in is also a right-to-work State. Now, I U.S. Senators telling us this? Then, Washington: I have a great idea. They know this legislation has a little sec- when we get in the majority, we might would pass it into law and hold a press tion that says this does not interfere say: What is good for us in Tennessee is conference and take credit for it, and with right to work. Well, I wonder good for New Jersey, and change their then they would send the bill to me, about that. Maybe this legislation by law; or what is good for us in Ten- the Governor. Then what would hap- itself does not in its explicit terms. But nessee is good for New York, and pen? The next week that same Con- if the Federal Government can say, in change their law. We don’t care about gressman, if it was a Republican, would New Jersey, in New York, and other New Jersey’s law. As long as we follow be home in Knoxville making a Lincoln States: We have a union shop—in other the constitutional rights of the people day speech bragging about local con- words, employees do not have the op- of the United States, we would like to trol, and the Democrat would be in portunity to make a choice about settle things. Nashville making a Jackson day speech whether to join a union—why cannot I come from the mountains of Ten- bragging about local control, and I they say: It is good for New Jersey; nessee. My great-grandfather was would be paying the bill. That is not let’s have it in Tennessee? It is not a asked about his politics. He said: I am right. That is called an unfunded Fed- very big step. a Republican. I fought with the Union eral mandate. Or if New Jersey or some other—I am and I vote like I shot. The American people don’t like it. I not just picking on New Jersey, but The reason we were unionists and Re- will tell you how much they don’t like their Senator was here saying if this is publicans in the Civil War—and still it. I was one of those Senators—there good for them, it would be good for today—was because we did not want are a lot of us—who felt a calling to us—State might say: We do not see any the Federal Government telling us run for the Presidency of the United need for the secret ballot in union elec- what to do. This is an extreme example States a few years ago in the middle of tions. Let’s just let employees sign of serious meddling. the 1990s. I didn’t make it. My preacher cards. It makes it a lot easier to orga- One last example, and then I will brother-in-law said it was a reverse nize, and if it is good for New Jersey or stop. The argument is, if we can only force calling and that I should be doing New York or California, it is good for all these 90 Tennessee communities to something else for the people. So I am Tennessee. A lot of people moved to collectively bargain, that will improve here. But I remember in 1994, 1995, and Tennessee because they prefer our level public safety. Well, how do we know 1996, there was a strong resentment in of taxes. They prefer the right to work. that? Is New Jersey and New York this country toward being told what to They prefer the relations we have be- safer than Tennessee? Do we know that do from Washington, DC. People had tween employers and employees. for sure? had it up to here. The Republicans I imagine the auto industry, which is Or let’s take the one example in Ten- seized on that. I remember Newt Ging- now one-third of our manufacturing nessee where we have required commu- rich and a lot of Republican candidates jobs in Tennessee, is there because we nities to collectively bargain, and that for Congress standing on the Capitol have a different labor environment is with teachers. The unit is an arm of steps and saying: No more unfunded than in some other parts of the coun- the National Education Association. I mandates. They put it in something try. Now, that does not mean we do not have had some pretty important dis- they called a Contract with America. have union workers. We have a lot of agreements with my friends in the Ten- And the first piece of legislation that union workers. nessee education association over the was passed by the new Republican Con- In fact, in the mid-1980s, a lot of peo- last 25 years about what is good for gress, elected overwhelmingly by the ple paid attention to our State because education. For example, I thought it people, S. 1, was the no unfunded Fed- here came the Nissan plant, which even would be a good idea to reward out- eral mandate act. That was S. 1. We are today is nonunion, and it is the largest, standing teaching, pay teachers more not going to pass unfunded mandates most efficient automobile plant in for teaching well. Twenty-five years anymore. If we are going to pass some- North America, making 500,000 or ago, our State became the first State thing, we are going to pay for it. 600,000 cars and trucks a year. Right to do so. We created a career ladder This legislation doesn’t pay for it. It next door, 15 miles away, is General system, and we raised taxes in order to might tell Erwin and Maryville and Motors’ Saturn plant. When General offer every single teacher a 70-percent Alcoa and Pulaski and 90 other towns Motors came, the United Auto Workers pay increase on the State’s share. Ten in Tennessee what they need to pay came, and they are a partnership. Both thousand teachers went up that ladder. firefighters and policemen. It might plants are successful. There has been Guess who the No. 1 opponent to that tell them what to pay them or create some shifting and changing at the Gen- was. The teacher’s union. Not Albert an environment that creates a higher eral Motors plant, but it is back on Shanker and the American Federation salary, perhaps, or a bigger benefit, but track. of Teachers, but the National Edu- it doesn’t pay the bill. So we have both plants there: one cation Association. Now, the Republican Congress said in where employees are required to join I am not criticizing them. They are 1994: No more unfunded mandates. If we the union, one where people have a very open about that. They do not like break our promise, throw us out. In choice to join the union. We like it the idea of paying teachers more for fact, the people have, and I think part that way, and I think they like it that teaching well. I think to improve edu- of the reason is because some Repub- way. cation we should. So does that really licans forgot about no unfunded Fed- Now, we are the third or fourth larg- improve education in Tennessee to re- eral mandates. est State in suppliers. They seem to quire that collective bargaining? So I urge my colleagues to recognize like it that way. So why would we do it Another example: I notice a lot of that to impose upon a State—as dif- the way some other State does it, espe- teachers were worried about being sued ferent as Tennessee might be from New cially if we figured out a better way to by parents. I think that is not right. Jersey; as different as Wyoming might do it, in our opinion. Particularly in Why not offer teachers the same liabil- be from Georgia—we do not need the the United States of America where we ity insurance the State provides to same rules and regulations. We are ca- have a 10th amendment to the Con- State employees? pable in our hometowns of making a stitution, we believe in federalism, and The Tennessee Education Association good decision about how to have good we are a decentralized society. raised its dues to defeat my proposal

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But the teachers describe it a little bit before I do call it ator Ben Nighthorse Campbell in 1998. union disagreed. That is a legitimate up. Both of us relied on our own experience difference of opinion. But I think I am The amendment would reauthorize in law enforcement, experience both of right. They think I am wrong. But does and extend the Bulletproof Vest Part- us had in law enforcement before we that improve Tennessee’s schools to nership Grant Program. This is a pro- came to the Senate. Between 1999 and have them there? gram that some may recall the former 2007, our program has assisted in the Choices for parents: I think the best Senator from Colorado, Mr. Ben purchase of an estimated 818,044 vests. thing to do in Nashville, for example, Nighthorse Campbell, and I began some We have taken a giant step away from where schools are having a very dif- years ago. the days in which law enforcement offi- ficult time, might be to ask all the par- This morning, the Judiciary Com- cers were required to purchase their ents where they would like to send mittee held a hearing about this impor- own vests or go without the vest. Actu- their kids to school and see if we could tant grant program. We heard compel- ally, I do believe the bulletproof vests do it. Give them their first, second, and ling testimony from an officer, Detec- should be standard issue equipment for third choice to see if we could probably tive David Azur of Baltimore, whose law enforcement, just as we have supply that. The teachers union is op- life was saved in 2000 when he was shot standard equipment issuing a badge posed to that. at pointblank range in the chest. He and a weapon. Everyone, when we were bringing in said he had enormous pain and a huge In addition, as we were reminded at the auto industry to Tennessee, bring- bruise from it, but the bullet did not this morning’s hearing, body armor is ing in the Nissan plant—the first time penetrate his vest. I said to Detective not effective forever. You buy it but it we had ever had those jobs, which Azur from Baltimore—and I know his wears out. In fact, manufacturers offer raised our family incomes—I wanted to family; his father served as a police of- only a 5-year warranty for these life- build a road out to the plant with ficer in Burlington, VT, when I was a saving vests. They have to be replaced State dollars, and the teachers union prosecutor—at least he felt the bruise. periodically. In fact, for Detective objected because they wanted me to Had he not had the vest on, he would Azur, his warranty was just about to give the money to the teachers. I not have felt anything. He would have run out when he was shot. thought that was short-sighted because died instantly. Despite the fact that the President’s if we improved the tax base, we would We also heard from Vermont State budget has repeatedly—repeatedly—ne- have the money to improve education. police lieutenant Michael Macarilla. I glected to request authorized funding So there are differences of opinion know Lieutenant Macarilla very well. for this program, Congress has stepped about what would improve education, He spoke about the assistance Vermont up and recognized its importance and and there are differences of opinion law enforcement officers have received appropriated the funds needed to keep about what would improve public safe- from the program. it strong. I hope Congress will do so ty. We like our opinions in Tennessee. This week, thousands of law enforce- again this year. It may be easy to just That is why we do not like this bill. ment officers from around the country So I will be seeking a vote on my look at Federal grant programs as just have come to Washington to honor the amendment when the appropriate time numbers, and say: Here’s a number we comes. I would urge my colleagues, you men and women who have given their can cut. It is a good way to reduce Fed- may be right about your own home lives in service over the past year. One eral spending. But when it comes to State. Maybe it is better to require all thing everybody in this Senate could the safety of law enforcement officers, your communities to collectively bar- agree on, all Americans could agree on: I can think of no rational excuse not to gain. Maybe that improves safety in We should offer our gratitude to the of- fully meet Congress’s determined lev- New Jersey or New York or somewhere ficers and their families. els of support for the men and women else. But in Tennessee, we have consid- On Thursday, May 15—this week— who protect us all. Look what we have ered it almost every year for the last 25 Congress and the American people are done in Iraq. This administration has years, and we have decided a different going to pause to reflect upon the sac- provided the Iraqi police forces with a way. We believe States ought to have rifices too many have made, as we cele- virtual blank check over the past sev- the right to decide what their own brate Peace Officers Memorial Day. eral years. American taxpayers have labor relations ought to be. We do not This week, at the Police Officers Me- seen hundreds of millions—some would believe it is a right of the Federal Gov- morial, we will recognize and remem- say billions—of dollars sent to Iraq and ernment to impose unfunded mandates ber the 181 officers who were lost in the misspent, this just on the police forces on us and cause us to pay our extra line of duty during the past year. there. Large sums of cash and weapons bills at a time when the Governor is Every death is a tragedy, but 181, Mr. disappear. We sent over thousands of laying off people in our State because President—that is the largest yearly weapons, and we didn’t even know there are not enough tax dollars com- total since the extraordinary losses on where they went until some of them ing in. 9/11 and in its aftermath. Think of showed up in the hands of the people This is the grossest sort of inter- that: 181 officers lost, lost in the line of trying to kill our own soldiers. If we ference to the sovereignty of our State. duty. It also means that a family lost can afford to pay for training and We have a strong bipartisan opinion a loved one: a spouse, a father, a moth- equipment for the Iraqi police, we about this in Tennessee. That is why I er, a son, a daughter, a brother, a sis- ought to be able to afford bulletproof am so vigorously opposed to this piece ter. We need to do all we can for the vests for the officers who protect of legislation. men and women who risk their lives Americans here at home. It should be called the Washington protecting us and the public’s safety There is money in the President’s Knows Best Unfunded Mandate Act. I every day. budget for the Iraqi police forces. I am going seek to amend it. I am going The Bulletproof Vest Partnership would like a little bit of money in the to do my best to defeat it. Grant Program saves lives. It makes a budget for American police forces. I Thank you, Mr. President. I yield the real difference to our officers and their worked with these police officers for 8 floor. families. The officers who testified be- years when I was State’s attorney. I The PRESIDING OFFICER. The Sen- fore the Judiciary Committee today think we ought to start paying a little ator from Vermont. have firsthand experience with the im- bit of attention here at home. AMENDMENT NO. 4759 portance of armor vests. So I am grate- State and local law enforcement offi- Mr. LEAHY. Mr. President, in a short ful to Detective David Azur from Balti- cers assist Federal authorities in many while I am going to call up an amend- more and grateful to Lieutenant Mi- areas, and this grant program should

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.059 S13MYPT1 smartinez on PROD1PC64 with SENATE S4086 CONGRESSIONAL RECORD — SENATE May 13, 2008 be viewed in the spirit of this coopera- Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) it will force some mandates on the city tion. In an era when State and local is amended by striking ‘‘2009’’ and inserting that will take away money from the law enforcement are shouldering more ‘‘2012’’. guy who fixes the sewer backing up responsibilities on the front lines in SEC. 02. MATCHING GRANT PROGRAM FOR LAW into your house or fixes the electrical ENFORCEMENT ARMOR VESTS. the name of national security or in co- Section 2501(f) of part Y of title I of the utility that keeps the power on that operation with Federal authorities in Omnibus Crime Control and Safe Streets Act handles heat and air-conditioning and fighting interstate crime, then the of 1968 (42 U.S.C. 3796ll(f)) is amended by in- other important things for your home. Federal Government owes it to them to serting at the end the following: I also was kind of fascinated by the provide them with some support. Much ‘‘(3) WAIVER.—The Director may waive, in Senator from Massachusetts, Mr. KEN- of our Nation’s strength lies in our rule whole or in part, the requirement of para- NEDY, mentioning that as far as the se- of law, and Congress should support the graph (1) in the case of fiscal hardship, as de- cret ballot, they are going to leave men and women who uphold the laws termined by the Director.’’. that up to the States. Why would we and protect our democracy. Mr. LEAHY. Mr. President, I yield leave that up to the States? We are not The Bulletproof Vest Partnership the floor, and I suggest the absence of leaving any of the rest of this up to the Grant Act expires next year, so the a quorum. States. Not only that, we are saying amendment I filed would reauthorize The PRESIDING OFFICER. The that no matter what the city and the this program for another 3 years. It is clerk will call the roll. employees agree to, there is going to be drawn from the bill that Senators The assistant legislative clerk pro- this little-known Federal agency that SPECTER, MIKULSKI, SHELBY, HATCH and ceeded to call the roll. can say: Nope, not enough. That is the I have introduced today. It also in- Mr. ENZI. Mr. President, I ask unani- way the bill reads. It allows overriding cludes giving discretionary authority mous consent that the order for the of agreements by the director of a Fed- to the Director of the Bureau of Jus- quorum call be rescinded. eral agency. So we are not only saying: tice Assistance at the Justice Depart- The PRESIDING OFFICER. Without We don’t care what kind of relationship ment to waive the matching require- objection, it is so ordered. you have with your public safety peo- ment for jurisdictions experiencing fi- Mr. ENZI. Mr. President, I wish to ple, we don’t care how unfunded this is, nancial hardship. That provision is take a little bit of time to talk about and we don’t care if it steals money drawn from the Leahy-Shelby bill, S. at least two of the amendments and from other city employees, we have a 2511. I think that in a narrow and probably make a mention of the one we Federal agency that is going to keep tighter budget and a troubled economy, just had. As to the underlying bill, we its eye on you and let you know if you it makes sense to give the agency mak- have two amendments that have been are doing it well enough. Not to men- ing these plans the authority and the suggested—one for a public employees tion, of course, that the rules haven’t flexibility to ensure that no jurisdic- bill of rights and the other one for an even been written on this, so we don’t tion is excluded from such critical as- unfunded mandate exemption—and I even know how those are going to go. sistance simply because it can’t afford want to comment on those a little bit. So there are some difficulties, and I to meet the matching requirements. I haven’t gotten to speak much, and want to have the chance to address Local law enforcement agencies don’t there are several on the other side who some of these amendments a little have oil revenues. They don’t have out- have spoken to some extent. more fully. side sources of revenue. If we are going I did notice that the Senator from Of the people who voted for the mo- to have the administration say send New Jersey, the former mayor of a tion to proceed—some voted that way money to the Iraqi police force, which community of 60,000, made some com- to say we should debate this. I men- does have enormous oil revenues, and ments about how this bill would work, tioned in my speech that we needed to ask the American taxpayers to pay for and I wished to point out that 60,000 is have some time to talk about the dif- it, let’s pause and do something to help a pretty big city in a lot of States ficulties of this bill, that there are a American police forces. around this country. That would be lot of things that people don’t realize I ask unanimous consent to set aside bigger than any city in Wyoming. So about this bill that need to be cor- the pending amendment and call up when we are talking about how easy it rected and brought out, and we are amendment No. 4759. is to do these negotiations, I think we doing that through some logical The PRESIDING OFFICER (Mr. NEL- are leaving out some crucial factors. amendments. SON of Nebraska). Is there objection? The bill says it applies if a munici- But Washington does not know best Without objection it is so ordered. pality has more than 5,000 people or— how a municipality works. There is no The clerk will report. this is very important. It says 5,000 way we can understand the diversity of The assistant legislative clerk read people or 25 employees. If it has 25 em- all of the municipalities in this United as follows: ployees, no matter what they do for States that would qualify under this The Senator from Vermont [Mr. LEAHY] the city, the city comes under this bill. bill. Remember, it applies to those proposes an amendment numbered 4759 to It becomes an unfunded mandate for with a population of 5,000 or more or 25 amendment No. 4751. the city even if there are less than 5,000 employees. So we are not even sure Mr. LEAHY. Mr. President, I ask people. I can tell my colleagues there whom we are pulling into this. But we unanimous consent that the reading of are a lot of towns that have less than do know we are affecting State law in the amendment be dispensed with. 5,000 that would have, depending on all 50 States. The exception, of course, The PRESIDING OFFICER. Without what services they provide, more than is the question of card check or secret objection, it is so ordered. 25 employees. ballot where the bill says if they al- The amendment is as follows: I think that some of these other em- ready require it, it is OK, but if they (Purpose: To reauthorize the bulletproof vest ployees are going to be a little upset, don’t, that is OK too. So we can impose partnership grant and provide a waiver for too, realizing that we have this oppor- every rule on them we can possibly hardship for the matching grant program tunity to place some special empha- think of, but we are going to leave the for law enforcement armor vests) sis—and should—on the public safety right to a secret ballot part out. I hope At the end of the amendment, insert the employees, but not others. My city had that is not the case. following: its own electrical utility, and I can tell I hope some of the amendments that TITLE ll—BULLETPROOF VEST PART- my colleagues, if the power goes out, are being suggested will be voted on NERSHIP GRANT AND HARDSHIP WAIV- the most important person in the city and passed or, even better yet, accept- ER FOR MATCHING GRANT PROGRAM for public safety is the guy who comes ed. I think some of them are worthy of FOR LAW ENFORCEMENT ARMOR VESTS and gets the electricity going again. that. SEC. 01. REAUTHORIZATION OF BULLETPROOF This bill would not cover those people. So with that, I yield the floor and re- VEST PARTNERSHIP GRANT . If your city sewer is backing up into serve the right to speak again. (a) SHORT TITLE.—This section may be cited as the ‘‘Bulletproof Vest Partnership somebody’s home, the most important The PRESIDING OFFICER. The Sen- Grant Act of 2008’’ city employee from a public safety ator from Maine is recognized. (b) REAUTHORIZATION.—Section 1001(a)(23) standpoint is the guy with the city Ms. COLLINS. Mr. President, I rise in of title I of the Omnibus Crime Control and utility. This doesn’t include him. But support of the Public Safety Employer-

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Our legisla- was referring to is ‘‘to prohibit an em- ple we most count on to protect and tion preserves that kind of relationship ployee from engaging in volunteer or serve the public—our firefighters, our by actually prohibiting States from part-time employment, any agreement police officers, our emergency medical putting limits on professional fire- that contains such language shall be personnel, and other first responders— fighters who want to volunteer during unenforceable.’’ That is pretty clear. I can exercise their rights to organize their off-duty hours. am concerned that will not only be and bargain collectively with their em- This bill addresses concerns that misconstrued, but it will be bargained ployers. were raised by some of the volunteer away without any consequence. I would Currently, 20 American States do not firefighters because the protections in appreciate if the Senator would take effectively provide for this right de- the House-passed bill weren’t clear another look at that. spite the fact that it applies across enough. The Senate version of this bill Ms. COLLINS. Mr. President, if I nearly every other area of the Amer- will dispel any ambiguity in the House- may respond to my good friend—and he ican economy. All first responders passed version and make clear that a is a good friend who knows this issue should have an effective process to ad- professional firefighter can, in fact, very well and considers bills very care- dress job issues and practices with the volunteer to be part of a volunteer fully, which I have always admired State and local governments they force. about the Senator from Wyoming. serve. The Senate drafters of this bill First, let me say it is clear the House Now, some have argued that this bill worked with groups representing vol- bill does not do a good job in this area. interferes with the proper authority of unteer firefighters. I note that the Na- I think the House bill is very ambig- States and municipalities, but, in fact, tional Volunteer Fire Council supports uous and doesn’t make clear what I de- the bill simply requires States to allow the language in the Senate substitute scribed. So I think we are in agreement public safety officers to bargain over that protects the volunteer fire- about the House bill. I will take a sec- wages, hours, and working conditions. fighters. ond look at the substitute language, as My State of Maine has a very similar I believe this bill is a balanced, con- the Senator has suggested. But I know law in place already. This bill does not structive measure that will help first the drafters of the bill, Senators GREGG in any way dictate outcomes of this responders and improve public safety, and KENNEDY, worked very closely with process. It gives State—not Federal— without improperly or unduly bur- the National Council of Volunteer Fire- courts the authority to enforce con- dening States. It has won the endorse- fighters, and I doubt they would have tract rights that arise from collective ment of the International Association signed off on the language—which it is bargaining. of Firefighters, and it is particularly my understanding that they have—if, I also wish to emphasize that the bill appropriate that we are turning to this in fact, it did not protect the volunteer does not authorize actions that might bill during National Police Week, when firefighters. threaten public safety. In fact, it pro- so many police officers are also in Thirdly, my intent is not to impose hibits both strikes and walkouts. Fur- town. any sort of obligation on volunteer ther, it does not interfere with any ex- I believe all Americans gained a new firefighters. They are, by definition, isting collective bargaining agree- appreciation for the service and the not employees, so I don’t think they ments, nor does it impinge on any area sacrifices of our first responders on come under this bill. In addition, I do traditionally reserved to management that terrible day, September 11, 2001. wish to make sure anyone who is a pro- decisionmaking. On that day, 343 New York City fire- fessional firefighter, and employed in Mr. President, I have heard some of fighters and paramedics, 28 New York that profession, is not precluded from my colleagues say this bill will some- Police Department officers, and 37 Port also acting as a volunteer firefighter, how harm the volunteer firefighters Authority officers died doing what as so many professional firefighters in who are so important in rural States, they loved. They died trying to rescue Maine and across this country do. I such as mine and the State of the Pre- others. Such heroism occurs, usually, will take another look at the language, siding Officer. I think it is important with far less tragic results in towns but I do know Senator GREGG and Sen- we spell out why that is not the case. and cities across our country every ator KENNEDY have worked very closely In fact, there is no collective bar- day. with the Volunteer Firefighters Coun- gaining established by this bill for vol- The least we can do to repay the sac- cil, and they believe the substitute lan- unteers, volunteer fire departments. rifice and service, the selflessness of guage does cure what I think all of us This is a bill about collective bar- our first responders is to ensure that would agree was a problem in the gaining rights of employees who are all public safety officers have the right House bill. paid for their work. Volunteers, by def- to bargain on their pay and safety Again, I thank the Senator from Wy- inition, are not employees. Any sugges- standards and working conditions. oming. I will take another look at the tion that cities and towns are going to This legislation makes sense. I urge language. be required to bargain with and pos- my colleagues to join me in supporting The PRESIDING OFFICER. The Sen- sibly pay their volunteer firefighters is this bill to put America’s public safety ator from Ohio is recognized. simply wrong. workers on an equal footing with their Mr. BROWN. Mr. President, I concur Volunteers are expressly not covered counterparts in other jobs. in what the junior Senator from Maine by this bill and will have no right to The PRESIDING OFFICER. The Sen- has said, if the volunteer firefighter or- collective bargaining. All volunteer de- ator from Wyoming is recognized. ganizations worked closely with Sen- partments would have no bargaining Mr. ENZI. Mr. President, I thank the ators GREGG and KENNEDY and they are complications. Furthermore, profes- Senator from Maine for her statement. supportive and have signed off on the sional firefighters would still be en- I have one request for her though. language. couraged to volunteer. I am touched by Look at the paragraph that deals with I am particularly pleased to partici- the fact that some of the professional volunteer firefighters—the language pate in this discussion for a lot of rea- firefighters in my town act as volun- regarding allowing professional fire- sons. One of them is because I was in teer firefighters for their hometowns. fighters who want to help out in the the Ohio State legislature many years They may be employed by a larger city community to volunteer as well. There ago—about 25 years ago—when we de- in Maine, such as Bangor, Lewiston or has been language suggested that bated a bill that would have given col- Portland, but they may live in a very would make it clear that what you de- lective bargaining rights to Ohio first small town outside the city, where scribed would happen. But the lan- responders. That legislation eventually they volunteer on the all-volunteer guage from the House definitely passed. I have to tell you Ohio, partly

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Local governments I have worked with the firefighters in His points were well made and well ar- under the Kennedy-Gregg bill are free Cincinnati to push for legislation that ticulated. I wear on my lapel a pin that to write their own contracts. The bill would help eliminate needless risks to is a depiction of a canary in a birdcage. doesn’t require any particular terms. their safety on the job. I have worked About 100 years ago, the mine workers State and local officials will sit down with firefighters in Lorain and Akron used to take the canary into the mine, with workers and figure out together to make sure Federal and municipal and if it died from toxic gas or from a what will work for their communities. firefighters receive the proper benefits lack of oxygen, the mine worker knew That is the whole point of collective when injury strikes. I have worked he had to get out of the mine. In those bargaining, not to impose this health with police officers to fight for the days, the worker had no Government provision or this level of pension or COPS Program and with EMS profes- that cared enough to protect him, no that particular wage. It doesn’t do sionals to reduce the redtape sur- union strong enough to protect him, that. It simply gives those commu- rounding hometown hero benefits. All and he didn’t have collective bar- nities the right to organize and bargain these men and women have pledged to gaining rights. We know that 100 years collectively. fight for our lives. Every single day ago, a baby born in this country lived There is no binding arbitration in they bear deadly risks on our behalf. to be about 46 or 47 years old. Today, a this bill. Many States have done bind- The Public Safety Employer-Em- child lives 30 years longer. Do you ing arbitration. This bill doesn’t re- ployee Cooperation Act gives Members know why that is? It is not mostly mir- quire binding arbitration. So no third of this body an opportunity to fight for acle medical technology. Certainly, party can require a government to first responders, just as they fight for chemotherapy and heart transplants raise wages or spend any money the us. It gives us an opportunity to take and other things help many of us live local government and their citizens on risk and overcome it, just as our longer. But the reason people live 30 don’t agree to spend. first responders do. S. 2123 will reduce years longer today is, frankly, because State and local legislatures have the the risk of injury or death to first re- of national standards, because of col- final say. We went out of our way to responders and the public they serve. lective bargaining rights. Look around. spect the autonomy of State govern- The Alexander amendment will take We have strong collective bargaining ments. One way we have done that is to away our ability to do that. S. 2123 will laws, and people live 30 years longer be- let State and local legislatures have reduce the risk of a first responder cause we have strong laws on safe the final say on collective bargaining workforce shortage. The Alexander drinking water and clean air. We have agreements. The States can give their amendment, again, will take away our strong laws on minimum wage and So- legislatures the right to approve or disability to do that. It will reduce the cial Security and Medicare and prohi- approve funding for any negotiated risk that first responders will be gross- bition on child labor and protections agreements. Again, that is what collec- ly overworked or dramatically under- for women and all the things that were tive bargaining is all about, whether it paid. The Alexander amendment will negotiated at the bargaining table and is in New Jersey, Massachusetts, Wyo- take away our ability to do that. It were passed by this Congress—setting ming, Ohio, or Tennessee. national standards on clean air, on will reduce avoidable risks, and when it This bill most specifically is about safer drinking water, on worker safety, comes to public safety, avoidable risks mandating a discussion between em- national standards on a whole host of are unconscionable risks. ployers and workers. It is not a man- issues that are important to all of us. Some public safety professionals date. It certainly is not an unfunded That is why when I hear this ‘‘Wash- have the right to negotiate fair wages, mandate. That is why the Alexander ington knows best,’’ we will do it our decent benefits, and proper equipment. amendment should be defeated. That is own way—we have not done that on Some don’t have that right. That is be- why the underlying bill should be ap- civil rights or worker rights. As a na- cause some States empower their first proved. responders to collectively bargain and tion, we share these values, whether we Mr. KENNEDY. Mr. President, will others don’t. are from Wyoming, Tennessee, New the Senator yield? Collective bargaining is not just Jersey, Massachusetts or Ohio, and we about wages or benefits; it is about share these values of helping people, Mr. BROWN. I certainly will yield to doing the job in the safest way pos- giving them collective bargaining the Senator from Massachusetts. sible, doing the job in the best way pos- rights, passing a minimum wage in- Mr. KENNEDY. Mr. President, I hope sible. If first responders, without bar- crease, having safe drinking water and our colleagues have listened carefully gaining rights, are underpaid or over- clean air and pure food laws—all that to the Senator from Ohio because he worked or poorly outfitted, their op- our country has stood for. has laid out the essential elements of tions include living with it or leaving. Also, Senator ALEXANDER said this this legislation and did it effectively. Neither option serves the public act imposes an unfunded mandate on As I mentioned, very often around good. Our Nation has a stake in ensur- cities and States, and they would not here we have people who misrepresent ing that public safety jobs are filled in even be able to afford new benefits for or mischaracterize legislation and then every town, every city, and every public safety officers. I will answer differ with it. I have even done it my- State. that for a moment. First of all, under self a few times. We have seen that Denying first responders the right to the bill, no costs are imposed. The bill done with regard to this legislation. negotiate fair wages—denying them comes with no pricetag. There is not a I listened to my friend and col- the right to negotiate their own safe- single provision in the bill that re- league—and he is my friend and col- ty—is not exactly a strong selling quires cities and States to spend a league—from Tennessee. I watched him point for these jobs. That is why the penny. wave the Constitution and talk about Alexander amendment should go down Senator ALEXANDER spoke about Pu- the tenth amendment, and the Senator and the bill should pass. laski and other communities in Ten- from Ohio has answered that. The Public Safety Employer-Em- nessee, saying we are going to go to Does the Senator not agree with me ployee Cooperation Act ensures that Tennessee and tell them how much that the basic process that is followed every first responder, regardless of they are going to have to pay first re- is that if this legislation is passed, a where she or he lives, can do that. This sponders in Pulaski or in Nashville. We State then must set up some oppor- bill promotes fairness and safety. It don’t want to do that. I don’t want the tunity fulfilling four different require- wasn’t just written for first respond- Federal Government to tell us what ments that are included in the bill? ers—police, firefighters, and EMS pro- first responders in Mansfield, Zanes- Those four different requirements that fessionals. It was also written for those ville, Lima, Springfield, and Xenia are to provide public service officers

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This body had correctly pointed out, that may very level of worker protections as they do no interest in telling GM and the UAW well be arbitration, that may be fact- their jobs. That is up to them, and this how to negotiate a contract, only that finding. It is completely left open. bill makes that easier to accomplish. the rights of collective bargaining are Now the State takes these four broad In no way is there a mandate, and in recognized in this country. guidelines and fashions legislation. no way is this an unfunded mandate. We have the same view—not a man- Once Tennessee passes a law, if Ten- No costs are imposed, no terms are im- date, not an unfunded mandate, to be nessee workers say we don’t like posed, there is no binding arbitration. sure—the same view of setting up col- unions, they don’t have to have one. As Senator KENNEDY said, if Newton, lective bargaining with governments, End of the story. I had difficulty in un- MA, Lynn or Boston want to have bind- elected officials, in all that we do. derstanding the Senator from Ten- ing arbitration or factfinding, they can As Senator KENNEDY said, it is all nessee talk eloquently for half an hour do that. It is the same with Marion, pushed to the local level. They will describing this amendment, and I said Portsmouth, and Ravenna, OH. They make the decisions. That is why defeat one of us hasn’t read it because there is make those decisions. That is the beau- of the Alexander amendment is crucial. no such requirement in this legislation ty of this legislation. We set up the It undoes all the good in this bill. After as described by the Senator from Ten- system of collective bargaining and let defeating the Alexander amendment, nessee. them make those determinations. this legislation should receive an af- I wish the Senator would once again Mr. KENNEDY. Mr. President, if the firmative vote. speak to the issue of an unfunded man- Senator will yield further, would the Mr. DODD. Mr. President, I rise date. There is no possibility, as the Senator not agree with me that the de- today to speak in support of the Public Senator has mentioned, that there can cisionmaking then is going to be done Safety Employer-Employee Coopera- be any impact on the local community at effectively the local level by work- tion Act, a bipartisan measure that or the State in terms of requiring them ers rather than at the Federal level or will guarantee our Nation’s law en- to spend a nickel if it isn’t going to be even at the State level? The State is forcement officers, firefighters and approved by the regular order within going to outline a process. Then the emergency medical personnel the right that State. The State is going to have workers are going to make a judgment to bargain collectively with their em- to make that judgment and that deci- as to whether they want to follow that ployers. I want to thank Senator sion whether they want it, but there is process. And if they choose that they GREGG and Senator KENNEDY for their nothing included in this legislation will not do it, then there is no process long-standing commitment to this that is going to alter that part of the or procedure, and they don’t have to do critically important legislation. procedure. it. Now more than ever, the risks taken As to these concerns we have heard A compelling aspect of this legisla- by our first responders are greater than during the course of the afternoon that tion is the fact that we are giving the they have ever been. From the in- this new legislation is going to sud- authority to deal with the most local creased risk of terrorist attacks, to the denly be an unfunded mandate, I am al- issues to those who have responsibility catastrophic hurricanes, tornadoes, ways interested, if you eliminated the today in the local community and who and wildfires that have ravaged our words ‘‘unfunded mandate,’’ you would know best in terms of safety and secu- country from coast to coast, each and quiet about half the Senate. They use rity, and are trained in safety and se- every day we ask more from our emer- those words so frequently when too curity—the first responders. gency workers, and they always rise to often they don’t have anything else to The record is powerful in this area the challenge. These are people who say. ‘‘It is an unfunded mandate,’’ and about how to ensure additional safety have chosen to dedicate their lives to everyone quivers and shakes about it. and protection for local communities, serving their communities—making That is the situation. the streets safe, fighting fires, pro- It is good if we have a debate, and we the State, and the country. We want to viding pre-hospital emergency medical welcome the opportunity to take some make sure that those decisions are time to debate. We are in no rush. This made by the workers who have that ex- care, conducting search-and-rescue is important legislation. It is impor- pertise. missions when a building collapses or a tant that the Members understand it, I thank the Senator for his com- natural disaster occurs, responding to but it is important, it does seem to me, ments because we have heard a good hazardous materials emergencies, and as we are engaging in this debate, for deal of rhetoric on the floor. It is im- so much more. The Public Safety Employer-Em- the Members to understand correctly portant that we make sure our col- what we are doing and what we are not leagues have a good understanding and ployee Cooperation Act provides these doing. awareness of the great efforts that brave men and women with basic rights I was interested to know if the Sen- have been made to make sure we are to bargain collectively, a right that ator agrees with me that the bill will going to respect the States, we are workers in many other industries have not require any town or community in going to respect, obviously, local com- used effectively to improve relations Ohio or any State to expend resources munities and the differences that take with their supervisors. This bill is care- and funds that the State will not duly place, and we are going to have special fully crafted to allow States a great authorize under its existing appropria- provisions, as the Senator correctly deal of flexibility to implement plans tions procedures? pointed out, in terms of voluntary fire that will work best from them. All it Mr. BROWN. Mr. President, I thank departments. requires is that States provide public the Senator. I certainly agree with the We tried to work very carefully and safety workers with the most basic col- senior Senator from Massachusetts. In closely—as the Senator has mentioned, lective bargaining rights—the right to my State in Ohio, I have watched for 25 this has been a bipartisan effort with form and join unions and to collec- years what has happened with public Senators from all different parts of the tively bargain over wages, hours, and employee collective bargaining. It has country. What is important is that working conditions. It also will require made the State better. local firefighters, local first respond- a mechanism for settling any labor dis- At the beginning of my comments, I ers, local police officers are so strongly putes. These are rights that a majority talked about Ohio, I believe, has the in support of this legislation because of States already provide these work- best police, fire, and EMS forces in the they understand better than anyone on ers, and this bill does nothing to inter- entire country. A big part of that came the floor of this Senate the difference fere with States whose laws already out of collective bargaining. it can make for the safety and security provide these fundamental rights. Many times in communities when the of the American people. This bill will allow States to con- city council reaches a difficult position I thank the Senator. tinue enforcing right-to-work laws

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I have not with fewer than 5,000 residents or fewer that this legislation would represent heard of situations where in several of than 25 full-time employees. an unprecedented intrusion by the Fed- these communities over 5,000 popu- Importantly, this bill takes every eral Government into the affairs of lation, because this particular mandate precaution to ensure that the right to States. It is justified on the basis pri- doesn’t exist, there are all sorts of hor- collectively bargain will not interfere marily that it is needed, that States rible things happening that have to be with the critical role these workers should be required to do the things the fixed. play in keeping our communities safe. law mandates. Unless there is some suggestion that It explicitly prohibits any strikes, I don’t think one can argue this is is the case—first, that petition ought lockouts, or other work stoppages. But not an intrusion into State law. As a to be brought to the State or local gov- the key to this bill is truly to foster a matter of fact, as I understand it, the ernment that is involved to see if they cooperative atmosphere between our bill would specifically reverse the ac- want to change their laws. But other- first responders and the agencies they tions of 13 States that have considered wise, there is certainly no reason why work for. Cooperation between labor and rejected similar legislation in the the Federal Government should be in- and management will inevitably lead last two legislative sessions of those truding into the area. to public safety agencies being better States. The law in these States would I don’t think we can say this legisla- able to serve their communities. be overruled by this legislation. The tion is not a mandate to the States, Unions can help ensure that vital pub- bill would specifically overturn the that it simply allows States to con- lic services run smoothly during a cri- current law in an additional eight tinue to operate as they are. That is sis, and this bill will further that goal. States and cast into doubt a number of clearly not the case. I would add that this legislation en- aspects of current law in at least an ad- As my colleague from Massachusetts joys enormous bipartisan support. The ditional nine other States. pointed out, there are four specific re- House passed H.R. 980 by an over- Apart from the constitutional issues quirements that have to be met under whelming margin of 314–97. Here in the that have been raised by some of my this legislation. But he then went on— Senate, our version enjoys the support colleagues, the first point I wanted to and I am not certain of exactly what of all my colleagues on this side of the make is we cannot very well argue we the point here was—that if they do not aisle and many on the other side as are not telling the States to do any- agree, then that is the end of it. well, including Senator GREGG, the thing, we are not really changing any- The reality is, the legislation itself bill’s sponsor. In an era ruled by party- thing in the States; this is Federal law has a very explicit provision for what line votes, this speaks to the great im- that controls certain aspects of State happens if the Federal authority does portance of this legislation. That is be- labor laws from now on and, as I said, not believe the agreement is in compli- cause we recognize the unique and es- in several situations would specifically ance with this law. It is subject to the sential role these workers play in every change the policies of States as deter- enforcement of section 5 of the law, single community, and we recognize which is a very extensive section that that by granting them these basic mined by the citizens of those States. We have to ask ourselves a funda- deals with what happens if you are not rights they will be able to better serve mental question: Do we trust States in compliance. I will not bother to go those communities. through the whole legislation, but it This bill addresses some of the most and local governments or do we not? critical concerns of our Nation’s first There are some reasons why States speaks about the determination of responders. It goes beyond negotiating have different labor laws, as well as rights and responsibilities and says wages, hours and benefits. In this cir- other kinds of laws. There are reasons that the authorities shall make a de- cumstance, for this group of people, it why some States have permitted what termination as to whether a State sub- means so much more. It means that this legislation would mandate and stantially provides for the rights and the men and women who run into burn- other States have not. responsibilities set forth in the legisla- ing buildings, resuscitate accident vic- For example, it is very difficult to tion not later than 180 days after en- tims, and patrol the streets of our argue a State that doesn’t currently actment. If it concludes that it does towns and cities can sit down with have this kind of requirement doesn’t not meet the requirements, then it their supervisors to relate their real care about the safety of its employees. shall be subject to the enforcement or life experiences. They can discuss their These are people in our communities, to the procedure described in section 5. concerns and use their on-the-ground these are people who are already gov- That is on page 9 of the bill. Then sec- expertise to help improve their service erned by other laws relating to min- tion 5 goes on to provide all of the to the community. Granting our first imum wage and safety, to the things ways in which the Federal authority responders this basic right is not only that were mentioned by my colleague would then have the jurisdiction to in their best interest it is in all of our from Ohio, and these are people who make determinations as to what the best interests. It will allow these men certainly have the ear of others in State is supposed to do. This is an in- and women to better serve their com- their community. They are leaders in trusion of the Federal Government into munities by fostering a spirit of co- their community. activities that have previously been operation with the agencies and towns I can certainly attest to my State of left to the States, and I think there is that employ them. Arizona. There are some tremendous a failure to protect both the rights of When tragedies have struck us, from folks in our firefighting communities, the workers in this case as well as the the September 11 attacks to Hurricane specifically in my hometown of Phoe- local communities. Katrina, it is these workers who are nix, but in other communities as well. I note that Senator HATCH has an the first people on the scene and the If they were working under unsafe con- amendment, which I think is a good last to leave. We owe them everything, ditions or conditions they felt were not idea, to provide for, in effect, a bill of and all they have asked of us in return appropriate for the circumstance, I rights for the workers under this legis- is dignity and respect in the workplace. think we would hear about that. lation. They stand with us every single day on To suggest that the mayor of a town I also think the bill itself purports to the job, and it is time we stand with doesn’t care about their safety or else prohibit strikes. But let me describe to them. I urge all my colleagues to join he would be doing this and, therefore, you what the bill does do. It goes to me and the millions of first responders we are going to have to mandate it on great pains to say that it is not a who form the backbone of our nation’s to that community is not a proper rec- strike when a public safety officer re- homeland security by voting to pass ognition of the way our Government fuses ‘‘to carry out services that are this crucial legislation. works in this country, starting from not mandatory conditions of their em- The PRESIDING OFFICER (Mr. the ground up rather than the top ployment.’’ Well, what does that mean? MENENDEZ). The Senator from Arizona. down. That is what the United States There is a rich history in labor law

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.028 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4091 about, you know, well, we were all sick to be. As I said, there is no reason to on us. If it is such a wonderful idea, that day. It was purely coincidence have this legislation unless one as- why don’t you try to do it at the Fed- that we did not come to work, that sumes there will be additional costs eral level as well? I think most of us kind of thing. We are all familiar with imposed upon the folks in those com- recognize it would not get very far at that. Who decides this? munities. the Federal level, and it should not get Obviously, at least in my view, this Another thing about this legislation very far at the local level. provision appears to be nothing more that causes a great deal of consterna- I will conclude with this: We all have than legislative code words that au- tion, at least on this side of the aisle folks back in our communities who do thorize work-to-rule and a host of and among a lot of people who have a tremendous job in protecting us other types of disruptive job actions been surveyed about the so-called card through fire and police protection, pro- that we have all become familiar with check legislation, is the principle that viding emergency services. It has been in certain unions—teachers unions, for in order to unionize a particular facil- my pleasure and, frankly, an honor to example. ity, you do not have to have a secret visit with some of them even this week The bill forces unions on unwilling ballot. The people, the workers there, and to visit with them back home and cities and towns and then gives those are not, in fact, entitled to make their to represent them and to work with unions the legislative green light, in wishes known by secret ballot but, them on matters of concern to them. effect, to disrupt municipal services as rather, it is done through what is From time to time, some of them have long as it is not the refusal to carry called a card check, a nonsecret propo- spoken to me about this legislation. out a mandatory condition. sition where somebody comes around We have a pretty rich tradition in I think some of these things probably and says: You want to sign this peti- Arizona. It is a right-to-work State. It could have been corrected had the bill tion, don’t you? And through various is a State that obviously has unions, gone through the regular legislative methods of intimidation—direct or in- but it also has a rich tradition in try- process. But, as the Senator from Wyo- direct—they could end up forcing ing to protect workers’ rights. I find so ming, the ranking member of the com- unionization in that situation. That is much of this legislation, as it is writ- mittee, the former chairman, pointed not the American way. We have always ten, does not meet what the people of out, the bill has not gone through com- prided ourselves on having secret bal- the State of Arizona have year after mittee. It has not had the benefit of lots in this country, in labor relations year insisted in labor relations legisla- some of the changes that would have as well as when we elect our officials tion to govern the relations with the improved the bill had it done so. and vote on propositions that affect folks who work in the State of Arizona. In fact, I am informed that there our communities. I think it would be rejected by my con- were changes that were recommended This bill contains no workers’ protec- stituents. Therefore, it is far better to even by some supporters of the bill tions. Specifically, it sanctions State try to work to correct conditions as when it came from the House of Rep- card check laws that do not guarantee they exist locally if those conditions resentatives, things they understood at secret ballot elections for unionization, can be presented as significant prob- that point that should be done to the and it does not require transparency, lems. As I said, I have not seen that. I bill to make it a better bill and to fiscal transparency, for labor unions or have not seen it in my local commu- make it work more effectively. But the any other control over the way the nity. I have not seen it presented as a committee had no opportunity to con- unions would then spend the union national emergency that has to be sider those items. dues of the members of the union. dealt with in this extraordinary way. If So, at a minimum, this kind of com- One of the things that bothers me there are hearings, bring these prob- plicated legislation that is going to di- most about it, though, is what is called lems out. If the legislation then works rect States and municipalities should the authority, the Federal entity. It is through the committee in a way that be the subject of hearings and of the a new entity that would be created to provides some of the worker protec- regular legislative process that would supervise this legislation. It is not actions we do not see here, provides a lit- enable us to correct its deficiencies be- countable to the State, but it basically tle more clarity with respect to things fore it comes to the floor of the Senate becomes in charge of their State laws. that are not clear, then it is obviously here. In fact, as I said, if it makes the deter- something folks could look at. Now, there has been discussion about mination that the State law does not In the meantime, I am going to re- the administrative expenses not being comply in what it thinks is the respect the local communities and the an unfunded mandate. Well, I do not quirement of this legislation, then people in the State of Arizona who think there is any doubt that there are there are several different enforcement have spoken to this issue in the past costs associated with this. The Federal actions it can take to bring the State and, as a result, urge my colleagues to Government is not paying for them. into compliance. That is not States reject this legislation in its current You can call it whatever you want. I do rights. That is not allowing commu- form. In the meantime, I will support not know what those costs would to- nities to decide. That is an imposition some of the very interesting amend- tally amount to, whether they would from the top down from the U.S. Gov- ments that have been brought forth, end up bankrupting cities. I am not ernment here in Washington. one by my colleague from Tennessee, going to make those claims. But I do There are a lot of smart people in the but I specifically mention my col- not think you can deny there would be Senate and a lot of smart bureaucrats league, Senator HATCH. extra costs associated with this legisla- and other officials here in Washington, Let me conclude by acknowledging tion and that the Federal Government but I do not think any of them got any the good work of the leader on our side does not pay for those costs. smarter when they came to Wash- of the aisle, the ranking member of the It has also been pointed out that be- ington, DC, from where they were committee, the Senator from Wyo- cause of provisions that have—union originally located. We have many ming, and also the fine work that, as contracts that cities have taken on in smart people in our States and commu- always, he does in putting legislation certain instances, those cities have ei- nities who can do these things. We do like this together with the chairman of ther declared bankruptcy or become not have to turn to Washington, DC. the committee, Senator KENNEDY. To close to declaring bankruptcy because The final point I wish to make is that suggest that the bill is not perfect is of the requirements of these union con- there is a little bit of a double standard not to suggest that I do not respect his tracts. I am not going to assert that here because, of course, we do not have considerable skills at writing and legis- every city would end up in that kind of this in the Federal Government. We are lating. It is that we have some dis- a situation either. But I do think it is not mandating full collective bar- agreement about some of these things. important to note that there will be fi- gaining for Federal employees, but we I suspect that had the bill gone nancial ramifications. There is no are going to impose it on States and through the committee process, it point in doing it otherwise. As a result, towns for a large segment of their em- would be a better product than it is I think the cities and the folks in these ployees. I think our folks back home today. communities need to consider what would rightly ask us: Now, what about The PRESIDING OFFICER. The Sen- their additional obligations are going this? It is something you are imposing ator from Massachusetts.

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.069 S13MYPT1 smartinez on PROD1PC64 with SENATE S4092 CONGRESSIONAL RECORD — SENATE May 13, 2008 Mr. KENNEDY. Mr. President, I will for our membership to understand. We States that have specifically addressed take a few moments to respond to some are giving the choice to the workers. the particular issue and said no. of the points that have been made dur- We believe those firefighters and first I know the Senator from Ohio had a ing the afternoon. There are some very responders can make that judgment. lot of enthusiasm, but I don’t think we basic and fundamental points that I We think it is an important enough de- can connect collective bargaining with think should be made, and that is on cision that affects their lives and the the Clean Air Act and the Clean Water the question of the right to choose and lives of the people they are protecting Act. Both sides are using some things the ability for individuals to have that that they should make it. Then they that might be a little extraneous to right to choose. can make the judgment and decision on what we are trying to achieve here. I Here on the floor of the Senate, we what they want in that particular do want everyone to pay particular at- heard last night from the Senator from State. If they make the decision that tention to what is in the bill about the Tennessee and at a time here earlier they don’t want to have collective bar- final and unprecedented authority of from the Senator from Arizona. I ap- gaining, so be it. But at least they have the Federal Labor Relations Authority. preciate his kind personal comments. the possibility of moving ahead in that As the Senator from Massachusetts And I join him in paying tribute to my direction. It is difficult for me to be- says, there are only four requirements. colleague, the Senator from Wyoming. lieve that the States would refuse to Those are very vague requirements. Although we differ on this legisla- establish the kind of process and proce- There are many people who work with tion, he knows the great respect I have dure that would make that choice pos- this on a daily basis who have noted for him as a legislator and the affec- sible. the vagueness of these terms and how tion I have for him. But there is a dif- There are a host of different provi- impossible it would be to deal under ference between a State saying: We are sions in the Hatch amendment which that criteria. Not to mention the fact going to deny people the opportunity have previously been rejected in one that some of these States have not for collective bargaining, and a State form or another. We might go over been subject to such ruled before, and having a process and a procedure in them briefly tomorrow. But I wanted after they make agreements, a Federal which the people in the State make to point out, in this legislation there is agency may say: No, that is not good that judgment and decision. It is simi- no requirement that workers must use enough. lar to the right to vote. Every indi- majority sign-up, or card-check. I am a That is what we are mandating in vidual ought to have that right to vote, supporter of card check. I think it this bill, asking a Federal agency that and if they are not going to use it, that would open up opportunities for people we hardly ever hear about, the Federal is their judgment and decision, but it is to speak on the issue of whether they Labor Relations Authority, to decide, an important enough right to say that want to organize. But we have not even if a city and their first respond- we must make it available and allow made that judgment in this legislation. ers, police, and firefighters say this is a them to exercise it. That isn’t what this legislation is contract we like, that group can over- That is what we are saying with this about. It is always interesting to me to ride it. They can say: That is not good legislation, that a decision dealing hear all the opposition to card check, enough. I don’t think that is the kind with safety and security and a voice on when we know historically that we of Federal authority we should be try- the job for first responders is suffi- used to have card check and it worked ing to give to an agency that hasn’t ciently important that workers should very well. Into the l950s, we had it, and had that kind of authority. have an opportunity to express them- we didn’t hear a lot of the horror sto- I do have more to say, but the Sen- selves and decide whether they want ries that we hear associated with it at ator from Tennessee is here. I would collective bargaining. The States this time. But there is not any require- love to hear his comments. themselves, as good as we believe their ment in this bill about card check. So I yield the floor. judgments are, shouldn’t get to make it is important people understand that. The PRESIDING OFFICER. The Sen- that decision for the workers. The During the course of the afternoon, I ator from Tennessee. States should set up a process and pro- heard a description of this legislation AMENDMENT NO. 4761 cedure and let the people in the States that I could not understand and never Mr. CORKER. Mr. President, I ask make that judgment—that is pretty would have supported, if the legislation unanimous consent that the pending apple pie Americana, to let people provided that. I hope we can clear up amendment be set aside. make judgments and decisions about some of these misconceptions. We have Mr. KENNEDY. Reserving the right matters that are going to make an im- had a good discussion on a number of to object, I don’t expect that I will ob- portant difference with regard to safe- these issues and on a number of others ject, but would the Senator withhold ty and security of their jobs and their during the course of the afternoon. We that request for a few more minutes? communities. That is what this is basi- will have a chance to go through the Mr. CORKER. Yes. cally about. RECORD in more careful detail this Mr. KENNEDY. I am sure we are So when we hear on the other side: evening, and make additional points going to accede to it, but there is my State made a judgment on it, and when that opportunity presents itself. something we want to check out. we are trying to see another State try- I yield the floor. Mr. CORKER. If it is OK to continue, ing to impose its will on mine, well, I The PRESIDING OFFICER. The Sen- I will. think my friend Senator BROWN an- ator from Wyoming. Mr. KENNEDY. Please, I appreciate swered that very well as a general con- Mr. ENZI. Mr. President, as the Sen- that. cept, but in particular, it is important ator from Tennessee prepares, I wish to Mr. CORKER. Mr. President, with the to understand what is at the root of make a couple of comments because I approval of the senior Senator from this, and that is a process. If this legis- still haven’t gotten to talk about ei- Massachusetts, at the appropriate time lation passes, a State has four broad ther the bill of rights or the unfunded I will send to the desk an amendment criteria that it must meet, and the mandate amendments. I am equally as to the pending legislation we are dis- Senator from Arizona is correct that if disturbed as the Senator from Massa- cussing. What this amendment would the State does not meet these require- chusetts has just described himself. do, in the spirit actually of what our ments, then the Federal Labor Rela- Where he thinks that I don’t under- distinguished Senator from Massachu- tions Authority has to step in and stand it, I don’t think he understands setts said, talking about giving States make sure these criteria are met. But it. But we have never had a chance to the ability to do what they wish after if they do meet these basic require- work this out as part of the committee. this legislation passes, in that same ments the Federal Labor Relations Au- We come here to the floor, and here it spirit, what this amendment would do thority would not become involved at is, kind of take it or leave it. Any is actually give each State or political all. amendment that we bring up is going subdivision the ability within 1 year of The idea that workers are going to be to be considered to have been old and enactment of this legislation, should it forced to join a union if they don’t regurgitated. These are things we have pass, to be able to override that and want one is a scare tactic—and I don’t always had a concern for, especially not have this legislation apply to their say that in a pejorative way, but just when something is being thrust on State or to their political subdivision.

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.070 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4093 I think this is very much actually in (Purpose: To permit States to pass laws to All of this about unfunded mandates, keeping with many of the statements exempt such States from the provisions of all of this about the Federal Labor Re- the Senator from Massachusetts made. this Act) lations Authority, all of the language I hope this amendment passes. At the appropriate place, insert the fol- about volunteer firefighters, all of that lowing: Let me say, in giving a background is useful to talk about but misses the SEC. ll. STATE EXEMPTION. to this, I was a mayor of a city. I don’t Notwithstanding any other provision of very basic and important element and think I will ever have a job that I loved this Act, the provisions of this Act shall not thrust of this legislation, which is so more than being the mayor of a city, apply to a State (or political subdivision) important in terms of people who work working with citizens right there with that, within 1 year of the date of enactment every day to make our communities the problems they have to deal with, of this Act, enacts a law that specifically re- and our cities in our country safe and nor do I think there will ever be a futes the provisions of this Act. secure. group of people I respect more than the Mr. CORKER. I thank the Chair and The PRESIDING OFFICER. The Sen- firefighters and the men and women of yield the floor. ator from Wyoming. our police departments who serve us so The PRESIDING OFFICER. The Sen- Mr. ENZI. Mr. President, again, I ap- well. Like many people here, I have at- ator from Massachusetts. preciate the words of the Senator from tended funerals of policemen who have Mr. KENNEDY. Mr. President, very Massachusetts and do enjoy working lost their lives in the line of duty. I quickly, the effect of the Corker with him on bills. I think I have been have attended retirements and other amendment would be to gut or under- pretty cooperative in getting bills mine the legislation. What we are try- meaningful events for firefighters who through committee, as he was when I ing to do is give workers an oppor- spent their entire life giving public was the chairman. tunity to make a judgment about how service to our cities. I don’t think Again, we have not had a chance to to proceed. That choice should be made there is anybody in this body who re- work on these amendments or on the by workers, not the Federal Govern- spects more what firefighters and po- bill together. We are having to do it ment, not us here in Washington, DC, lice men and women do in their line of separately, and there is a lot of rhet- not in the State capitols, not the legis- duty to protect each of us and deal oric involved in this issue, and a lot of latures, but to let the workers, who are with us. But I have also had to deal misunderstanding. Those are the kinds on the frontlines—firefighters, police with those issues at the local level of things that get cleared up in a little officers, first responders—make the where we have to balance a budget, the closer working relationship than you judgments that are going to make a same thing at the State level, some- can get by addressing it on the floor of difference in terms of their lives and in thing we here in Washington don’t the Senate. terms of their view of what is in the have to do. We don’t have the financial But I too was a mayor, and I was a best interests of the safety and secu- constructs that local municipalities mayor of a boomtown. Boomtowns at- rity of fellow citizens. This amend- and States have. They actually have to tract young people, and young people ment, of course, will undermine that deliver. I find it almost ironic that are vivacious. They are busy. They like effort. to work hard, and they like to play here in Washington we are going to Finally, I want to review what this mandate to the States, we are going to hard. As a result, I had a police depart- legislation does. We have done this a ment that had to handle some probably mandate to cities all across America, bit earlier today. I wanted to mention how they should go about dictating unique situations. exactly what the requirements would I had a volunteer fire department to labor agreements in their own cities be. First, there are four requirements work with, and we later combined that and States. This is a tremendous over- that the States must meet to establish with the county so we did not have dis- reach by those of us at the Federal a framework by which the first re- putes over whether a building that was level. sponders and the firefighters and the on fire was inside the city or outside I have yet to hear a good policy rea- police would make a judgment about the city. That helped overcome a lot of son for this to be in place. States and whether they want a union. There must difficulties there. cities throughout our country, should be a process allowing workers to form So I worked with the firefighters. I they decide to incorporate collective or join a union so they can have a voice have worked with police. I worked with bargaining in the area of public serv- in important decisions such as safety; the sheriff’s department. Again, we had ice, can do so if they wish. they must be allowed to bargain over that same boundary problem when it This legislation certainly deserves working conditions with their employ- came to: What is within the city limits defeat in its present mode. I hope this ers; they must be able to sign legally and outside the city limits, particu- amendment, as it will be presented to- enforceable contracts; and they must larly when you have a fast-growing morrow, can be accepted and at least have access to a neutral third party to community; and we did. And we do cause this legislation to give back to help resolve disputes. We don’t say again. The energy boom is creating a States and cities the right to deter- whether it is arbitration, mediation, fast-growing community again. mine their own destiny as it relates to factfinding. All of those options are I remember being at a crawfish boil negotiating with people who work in available. At the end of the day, if the almost a month ago. That is one of the firefighting and police departments all workers say: We don’t want that, then highlights of the year for people who across the country. the issue is settled. But they have the work particularly in the oil patch, but With that, I ask unanimous consent, voice. That is at the heart and the soul actually people who work all over the again, to send the amendment to the of this legislation. Do you have suffi- community. It was started by some Ca- desk. cient confidence in these individuals to juns from Louisiana who came up to Mr. KENNEDY. We have no objec- be able to make that judgment. Those work in the oil patch. They said: We tion, Mr. President. 343 extraordinary firefighters who lost ought to have a crawfish boil. They The PRESIDING OFFICER. Without their lives on 9/11, should they have even figured out a reason for it. They objection, it is so ordered. had the opportunity to make judg- said: If we can get somebody to donate The clerk will report. ments with regard to their safety and the food, and then we can charge peo- The legislative clerk read as follows: security? Shouldn’t they be the indi- ple to come, we can put that in kind of viduals who know what is important in an emergency fund for anything that The Senator from Tennessee [Mr. CORKER] terms of safety and security? They happens to anybody. They did that. proposes an amendment numbered 4761 to weren’t failing or flagging in terms of The event still goes on 25 years later. amendment No. 4751. their resolution or their courage. What They used to give the beer away. Now Mr. CORKER. I ask unanimous con- we are attempting to do is say: They they sell the beer. That is worth about sent that reading of the amendment be are the knowledgeable people. They are another $45,000 in donations. But they dispensed with. the trained people. They are the ones did about 11,000 pounds of crawfish this The PRESIDING OFFICER. Without who know how to improve safety. They year and fed about 5,000 people. At any objection, it is so ordered. should have a voice at the table, if they one time, there were easily 3,500 people The amendment is as follows: want one. in the building. As you came in, you

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.071 S13MYPT1 smartinez on PROD1PC64 with SENATE S4094 CONGRESSIONAL RECORD — SENATE May 13, 2008 had to be approved as being over 21 in they worked for 20 years. They were though it has not gone through com- order to be able to buy that beer. If you only 40 years old. They had two people mittee or had any hearings in the Sen- were over 21, you got this bright orange retired for every one person who was ate. On bills that came before this com- wristband, virtually impossible to take working. It is hard to provide police mittee before, we tried to avoid the off without cutting. protection if you have twice as many heat of the moment because I have As I was enjoying my crawfish, I people retired as you have working, found in legislating, if it is worth re- looked around the room and noticed and you have to pay all of these people acting to, it is worth overreacting to. I that almost everybody there had on who are not working their retirement. think what we have here is a little bit one of these orange bands. But I also It created a huge problem for New of an overreaction, and there is not noticed that they all looked like they York. They did not need us to say: You going to be much chance to make any were about 18 or 19. I knew they were have to have collective bargaining, be- changes in it. 21. cause they already had collective bar- I have been kind of keeping track of So, once again, we have a very young gaining. So we did not have collective time here. I know we had about the community of people who are working bargaining. I was able to explain why same number of speakers, but we cer- hard and playing hard. That puts some our policemen would work a little bit tainly did not have the same amount of extra stress on law enforcement. I re- longer and be a productive part of the time to speak. I also know the leader spect the people who are in law en- police force longer than in New York also already sent out the word there forcement. In fact, my brother-in-law City. I got the rating I needed on the were not going to be any more votes is a policeman in Gillette. He is the bonds and was able to build the water today. Well, since we have not gotten oldest person to ever go through the project. It has been a good source—and to address this bill before with the rest Wyoming law enforcement academy. still is a good source—of water. But of the body, I have asked all of them to He decided to become a policeman at now the town has had another one of pay attention to the amendments we the time most policemen are retiring, those booms where they probably dou- are doing. But I would hesitate to offer and he loves it. He enjoys it, and he bled or maybe tripled in size. That will any more amendments when I know ev- does a good job with it. He has seen require a lot more water. Water is a erybody has gone home. They are all some interesting situations and even basic need for communities. So I do not out to dinner by now. been bitten by a person. But he loves feel comfortable imposing on them any I do not think this is the way we his work. He does it well. But he has kind of requirements of how they are should try to do business. I do not not asked me to mandate collective supposed to do their business. They are think it was intentional. But I think it bargaining. Neither did the people who right there where the people are. They certainly puts us at a disadvantage worked for me when I was mayor. are in the best position to know what when we are trying to bring up some I would not have had the capability the community needs and wants the things that point out some difficulties to do any particular additional things most. with this particular bill—offering some for them because while it was a boom, When I was mayor, I used to talk responsible amendments, regardless of it was an energy boom, and all the en- about the ‘‘oh, by the ways.’’ That is how they are portrayed. ergy happened outside of the commu- when you are walking down the street So with that, I yield the floor and nity. So we did not get any tax base off or you are out to dinner, even with suggest the absence of a quorum. of that business—the business that was your family, and people come up and The PRESIDING OFFICER. The growing and causing the city growth. say: Oh, by the way, I have this little clerk will call the roll. We only got to tax what was inside the problem. Don’t get up and solve it The legislative clerk proceeded to city limits. We had to handle things right now. Tomorrow will be fine. But call the roll. such as sewer and water, streets, gar- they do intend for you to solve that Mr. KENNEDY. Mr. President, I ask bage, police protection, and electricity. problem by tomorrow. unanimous consent that the order for We even had our own electrical utility. Now, the whole discussion today has the quorum call be rescinded. I had to find water for people. They made it sound as though municipalities The PRESIDING OFFICER. Without considered that to be the biggest need. are enemies of public service and pub- objection, it is so ordered. The only place we could get enough lic safety employees. I do not know of Mr. KENNEDY. Mr. President, I water to take care of the population— any communities where that is true. think we have had a good discussion we were already on water rationing To make it sound as though the whole today on this legislation. I hope we will when I took office—was to go 42 miles country works against the policeman, have a chance to look over the RECORD away. The cost of that project—the in- against the fireman, against the first tonight. We have four pending amend- terest alone on the cost of that project responders because there is not a col- ments. We understood Members wanted exceeded all the revenue for the city of lective bargaining law, is wrong. There to talk about these measures, and they Gillette. It did not leave me a lot of ne- is an old expression: You can’t fight wanted to give consideration to them. gotiating capability with anybody. It city hall. My opinion of that is, if you So we will be ready. There is another tied my hands significantly. can’t, you never tried it. Because the group of amendments that I believe I had to come to New York City and people at city hall are responsive. The have been filed, but we are checking prove that we would be able to pay off mayors and the council keep their job with their authors whether they want the water bonds. I had to go to New if they take care of the problems the to call those up. So I think in the to- York to go to the rating agencies so we people have. If they do not, they are tality of things we have made some could get a good enough rating that I out of there—probably not just one at a good progress today. could get revenue so we could afford time, but en masse. They do not try to I understand we will be on this legis- the whole thing. The ironic part of it pick out exactly who made the bad de- lation in the mid or late morning to- was, it was when New York City was cisions; they just get rid of them. So morrow. We look forward to that op- going broke. New York City was going towns have to be responsive to all of portunity to further respond to ques- broke. Mayor Lindsay was having a few their employees. tions and to consider other amend- problems with the city. The questions I As I said before, I think there are ments. We would certainly look forgot were very difficult to handle for a probably a lot of employees out there ward to the authors of these amend- small town in Wyoming because they who say: How come I am not impor- ments being ready to give consider- were basing them on a big city in New tant? How come just the firefighters, ation to voting on some of these meas- York. They wanted to know if we were just the police, just the first responders ures. I think they are all—at least the going to run into the same problems are important? I am important too, amendments we have seen—pretty New York City had. and this leaves me out. straightforward. I have responded to a Well, the big problem that New York So we are trying to make some few this afternoon. We will have a City had was that they bargained early points while a big public relations chance to further respond in the morn- retirement for firefighters and police, event is going on here this week. I fi- ing. But I think we will be prepared to so they only had to work 20 years until nally figured out that is why this bill keep the process moving and move they could get their retirements. So has been brought up at this time, even ahead. There are matters which should

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.074 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4095 be discussed and debated. We look for- and the reality of life that is going on Here is another story: ward to that debate and discussion as among ordinary people, especially peo- My wife and I live in rural Vermont. We well tomorrow. ple who come from a rural State such own a home and make about $75,000 a year At least now, we have no further as mine. combined. speakers on this legislation at this What I wish to do is spend most of That is, in Vermont, not a bad in- time. I see our friend from Iowa on his my time doing nothing more than just come. feet. reading to my colleagues and for the We own two vehicles and travel about 74 f American people some of the reality miles a day roundtrip to get to our jobs. Not that takes place in a small, rural State only is the price of gas killing us, I have MORNING BUSINESS which I think is not radically different been displaced from two jobs in the last nine Mr. KENNEDY. Mr. President, I ask from what is taking place today all years due to the exportation of jobs overseas. unanimous consent that the Senate over this country. All of these are ver- My current job is in jeopardy of being proceed to a period of morning busi- batim e-mails that I received from downsized due to the economy. Every job I ness, with Senators permitted to speak families in the State of Vermont. Let have had since I moved here in 1999 has paid less, with less benefits. We are spending our for up to 10 minutes each. me begin by reading one which says: life savings just to make ends meet. The PRESIDING OFFICER. Is there I make less than $35,000 a year and work When you read these stories, you objection? hard to earn it. I am trying to get by with hear recurring themes: The price of gas Without objection, it is so ordered. rising costs of fuel. I have a wife and four and people losing jobs due to The Senator from Iowa. kids that I love dearly and I am trying to do the best that I can for them. With the cost of outsourcing. Over and over again, these Mr. GRASSLEY. Mr. President, I ask gas pushing $4 a gallon and the price of heat- themes appear. I want to reiterate that unanimous consent to speak for 15 mining oil up to over $4 a gallon, it is hard to these are not ‘‘poor’’ people, homeless utes. make ends meet. On top of that, the furnace people, people without any education. The PRESIDING OFFICER. Is there that heats the house and keeps my kids These are people who once considered objection? warm died today, and while it will not need themselves to be part of the American Without objection, it is so ordered. to run much longer, the nights are still too middle class. Similar to millions and (The remarks of Mr. GRASSLEY per- cold for a 3-year-old. I am not sure how I am taining to the introduction of S. 3014 going to pay for the repairs. I never thought millions of other people, that middle- that I would be classified as poor having class life is rapidly disappearing. are printed in today’s RECORD under grown up in an upper middle class family, Here is another one: ‘‘Statements on Introduced Bills and but that is where I am now. I don’t know I work full-time at the largest hospital in Joint Resolutions.’’) what we need to do, but I know we need to Vermont. I am in more debt now than I was do something before the middle class is a Mr. GRASSLEY. Mr. President, I 10 years ago as a single mother going full yield the floor. thing of the past. As I read these stories, what you are time to college and waitressing to make ends The PRESIDING OFFICER. The Sen- meet. When is something going to be done to ator from Vermont is recognized. going to hear today in the year 2008 is lower gas prices, which have exponentially that children are going cold in Amer- f raised the cost of everything? I would love to ica, and we have to understand that. just tell my children, ‘‘Yes, we can go out to SURVIVAL OF THE MIDDLE CLASS This is one example. I will read more. the movies’’ and not have it break the bank. Mr. SANDERS. Mr. President, about Anyone who thinks it is not true In other words, what you are seeing a month ago on my Web site, which is doesn’t know what is going on in the all over this country is for people who sanders.senate.gov, I requested that real world. Here is another e-mail that take a ride to church or go to the mov- Vermonters e-mail me about what the I received: ies, they can no longer perform these collapse of the middle class means to I am a teacher with 20 years of experience, basic joys of life because they cannot them personally—not in esoteric eco- and I have a master’s degree. As a single par- afford to do that anymore. nomic terms but in a sense of what ent, I am struggling every day to put food on Here is another letter: the table. they are going through. My husband and I have lived in Vermont Frankly, we are a small State, and This is a teacher with a masters de- our whole lives. We have two small children our people are pretty reticent. People gree. (a baby and a toddler) and felt fortunate to in Vermont don’t like to open up and Our clothes all come from thrift stores. I own our own house and land, but due to the have a 5-year-old car that needs work. My increasing fuel prices we have at times had tell everybody all of the problems they son is gifted and talented. I tried to sell my have. They try to keep it to them- to choose between baby food, diapers, and house to enroll him in a school that had cur- heating fuel. We’ve run out of heating fuel 3 selves. We expected that we would re- riculum available for his special needs. After times so far, and the baby has ended up in ceive perhaps a few dozen replies. In two years on the market, my house never the hospital with pneumonia 2 of the times. fact, over the last month, we have re- sold. The property taxes have nearly doubled We try to keep the kids warm with an elec- ceived some 700 e-mails that came into in 10 years, and the price of heating oil is tric space heater on those nights, but that my office talking about how people in prohibitive. To meet the needs of my son, I just doesn’t do the trick. the middle class today are trying des- let the house sit and moved into an apart- My husband does what he can just to ment near his high school. I don’t go to scrape enough money for car fuel each week, perately to survive. About 90 percent of church many Sundays because the gasoline the e-mails came from the State of and we’ve gone from 3 vehicles to 1 just to is too expensive to drive there. try and get by without going further into Vermont. We have had a number from Now, I wonder how many people all debt. We were going to sell the house and around the rest of the country. over this country are facing that same rent, but the rent around here is higher than I sometimes think that many of our reality. I will read right from her let- what we pay for our monthly mortgage and colleagues here really don’t have much ter: property taxes combined. Please help. of a clue about what is going on in the I don’t go to church many Sundays because This is the story in America in 2008— real world. It is no great secret that the gasoline is too expensive to drive there. a family not having enough heat and the Halls of Congress are filled with Every thought of an activity is dependent their child getting pneumonia. This is lobbyists who make hundreds of thou- on the cost. I can only purchase food from the United States of America in 2008. sands of dollars a year representing the dented can stores. I don’t know how I can She asks, ‘‘Please help.’’ Well, let’s energy companies, the coal companies, continue this way for two more years of my son’s high school; yet, I am trying to meet help. the oil companies, the drug companies, his academic and psychological needs. I This is from north central Vermont: the insurance companies, the banks, know that I will never be able to retire on a Due to illness, my ability to work has been and the credit card companies. They teacher’s retirement with no insurance. I am severely limited. I am making $10 an hour are all over the place, and they try to stretched to the breaking point, with no help and if I am lucky, I get 35 hours a week of influence—and are successful in many in sight. work. At this time, I am only getting 20 instances—in influencing Congress to That is a teacher with a master’s de- hours as it is ‘‘off season’’ in Stowe. pass legislation that protects the inter- gree. This is not somebody who is un- That is a major recreation area in ests of multinational corporations or employed, who never graduated high Vermont. the wealthiest people in this country. school. This is solid middle class. This It does not take a mathematician to do the It is far too rare that we hear the pain is her reality. figures. How are my wife and I supposed to

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.075 S13MYPT1 smartinez on PROD1PC64 with SENATE S4096 CONGRESSIONAL RECORD — SENATE May 13, 2008 live on a monthly take home income of less Slowly, though, we have sunk back to the well are the people at the very top, and than $800. We do it by spending our hard- ‘‘poor’’ days. Our heating oil bill, gas prices, they are doing extremely well. earned retirement savings. I am 50 and my food prices—well, you know the story. Even Many of the stories we have heard wife is 49. At the rate we are going, we will a pizza is a splurge now. The interest on our deal with high energy prices. I believe be destitute in just a few years. The situa- meager savings doesn’t seem worth keeping that what happened is that while the tion is so dire that it is all that I can think the money in the bank. We’re so much more about. fortunate than many others, since we can middle class has been shrinking for many years now, these high energy Listen to this: still meet our bills, but we’re scared that we will drop beneath that level soon. It doesn’t prices have resulted in a lot of people Soon, I will have to start walking to work, now dropping over the cliff. They were an 8 mile round trip, because the price of en- seem right that after working hard and fol- ergy is so high it is that or go without heat. lowing all the rules for our lives, now, at 60, struggling and trying to keep their we’re tumbling down. heads above water and, suddenly, out In the United States of America, in of nowhere, comes $3.70 for a gallon of 2008, somebody will be walking 4 miles Here is an e-mail from a Vermonter gas and $4 for home heating oil. That to work and 4 miles back. The alter- from a small town near the New Hamp- shire border: has taken them over the edge. native is not having enough money to That is one of the reasons 82 percent heat their home. Dear Senator SANDERS: First, let me thank you for all of the support and rallying behind of the American people think our coun- As bad as our situation is, I know many in the middle class you have done. I, too, have try is moving in the wrong direction. worse shape. We try to donate food when we been struggling to overcome the increasing What do we do? There is a lot we can do our weekly shopping, but now we are not cost of gas, heating oil, food, taxes, etc. I able to even afford to help our neighbors eat. do. have to say that this is the toughest year, fi- What has this country come to? Let me focus on energy. The good nancially, that I have ever experienced in my news is that today, thankfully, 97 Sen- Imagine that, having to walk 4 miles 41 years on this earth. I have what used to be ators voted to stop the Bush adminis- to work, and they donate food for other considered a decent job. I work hard, pinch tration from continuing the absurd pol- people who are worse off than they are. my pennies, but the pennies have all but Here is one from a single mother in a dried up. I am thankful that my employer icy of adding 70,000 barrels of oil a day small town in southern Vermont: understands that many of us cannot afford to into the Strategic Petroleum Reserve, which is already 97 percent full. Is that I am a single mother with a 9-year-old boy. drive to work five days a week. Instead, I We lived this past winter without any heat work three 15-hour days. I have taken odd going to result in a precipitous drop in at all. jobs to try to make ends meet. gasoline prices? No. Will it help? Yes. I This winter, after keeping the heat just In Vermont in the wintertime. applaud my colleagues for doing that. high enough to keep my pipes from bursting I find it interesting that 97 of our col- Fortunately, someone gave me an old wood (the bedrooms are not heated and never got leagues voted for this today, when 2 or stove. I had to hook it up to an old, unused above 30 degrees), I began selling off my chimney we had in the kitchen. I couldn’t 3 weeks ago we were wondering wheth- woodworking tools, snowblower (pennies on er we had the votes to get this through. even afford a chimney liner (the price of lin- the dollar), and furniture that had been ers went up with the price of fuel). To stay handed down in my family from the early I think many of our colleagues are warm at night, my son and I would pull off 1800s, just to keep the heat on. hearing, when they go home, that peo- all the pillows from the couch and pile them Today, I am sad, broken, and very discour- ple are in trouble. They are hearing the on the kitchen floor. I’d hang a blanket from aged. I am thankful that the winter cold is same stories I am hearing, and they are the kitchen doorway and we’d sleep right behind us for a while, but now gas prices are hearing people want them to begin to there on the floor. By February, we ran out rising yet again. I just can’t keep up. stand up to the Bush administration, of wood and I burned my mother’s dining room furniture. I have no oil for hot water. This is from a mother in a town near stand up to the oil companies, stand up We boil our water on the stove and pour it in the Canadian border: to the speculators, stand up to the peo- the tub. I’d like to order one of your flags I am a single mother of 4. Each day the ple who are ripping them off while and hang it upside down at the capital build- struggle becomes more difficult. Thank their lifestyle is rapidly declining. ing. We are certainly a country in distress. goodness for Spring. My last oil delivery was What we did today is a good thought, This is a gentleman from another $500. I spend over $200 a month on gas just but, clearly, we have a long way to go. town in southern Vermont: driving back and forth to work (approxi- I am onboard legislation, which we dis- mately 300 miles a week). I make less than $35,000 a year and work cussed a little bit today, which de- hard to earn that. I am trying to get by with Sometimes what some of my col- mands that President Bush tell Saudi the rising cost of fuel. I have a wife and four leagues don’t understand is that in Arabia it is not acceptable that they kids that I love dearly and am trying to do rural parts of America, people don’t have cut back on their oil production, the best I can for them. We do receive help walk to work, they don’t take a car that it is imperative they increase oil from the State, but I would like to be able to ride of 5 minutes. Sometimes people production so we can have more oil on make it without that help. drive 50 miles to work. Sometimes they the market, which will lower gas and He would like to do it without that drive 100 miles to work. When gasoline oil prices. help. costs $3.70 a gallon, every nickel of the In addition to that, I believe the time With the cost of gas pushing $4 a gallon pay raise they may have gotten goes is long overdue that we start dealing and price of heating oil up over $4 a gallon, right into that gas tank. with the reality that OPEC is, by defi- it is hard to make ends meet. We have cut our budget again and again. nition, a cartel designed, created to re- On the top of that, the furnace that heats strict trade, to collude to limit oil pro- the house and keeps my kids warm died There is little left to cut. Spring and Sum- today, and while it will not need to run much mer brings a respite from the fuel bills of duction output, and to make prices longer this winter, the nights are still too winter, but I worry what next winter will higher than they need be. We have to cold for a three year old, and I have next bring. I will have to dig into my small 401(k) take a hard look at OPEC and begin to winter to look forward to. I am not sure how to make some home repairs this summer. demand that this President go to the I am going to pay for the repairs. Money that had been set aside went to fuel, WTO and break up OPEC. an electric bill that increased by 14%, and Furthermore, it is very clear that at Here is another from a woman from a food. small town in central Vermont: a time when oil prices are soaring, it I read these letters because some- My husband and I followed all the rules. He is, in my view, absolutely necessary grew up in urban projects and went into the times in the middle of the debates we that we impose a windfall profits tax military with Vietnam service so he could have here, everybody is spouting off all on the oil and gas industry. The Amer- get GI Bill benefits and go to college. I grew kinds of facts and figures and ideas. I ican people do not understand why up picking strawberries as a migrant worker thought it important to bring a little they are paying recordbreaking prices but had a mother who so pressed education bit of reality of what is going on in at the gas pump while ExxonMobil has that I was able to go to college on scholar- middle-class Vermont. I have to say I made more profits than any company ship and by working full time nights in a doubt very much that it is any dif- in the history of the world for the past mental hospital. My husband and I worked ferent than middle-class New Jersey or hard to buy a home, maintain good credit, 2 consecutive years. even taking government jobs because we any other State in this country. People Last year alone, ExxonMobil made truly wanted to help others. I became dis- are hurting. Poverty is increasing. The $40 billion in profits and rewarded its abled and unable to work, but we managed to middle class is collapsing. The only CEO with $21 million in total com- live a middle class life on one salary. people in our economy who are doing pensation. Just a few years ago,

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.077 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4097 ExxonMobil gave its former CEO a $400 ment. We have heard from young peo- He was the type of soldier who has million retirement package—a $400 ple who are very worried about how, if earned the admiration and praise of million retirement package and people ever, they are going to be able to pay our Nation, generation after genera- in Vermont and all over this country off their very high college loans, and tion. He was the type of soldier who are unable to fill up their gas tanks or we heard about other people who can- Douglas MacArthur hailed in a 1962 ad- heat their homes. not afford to go to college. dress to cadets at West Point. The type But ExxonMobil is not alone. Chev- The time is very much overdue for of soldier who ‘‘prays for peace, for he ron, ConocoPhillips, Shell, and BP the Congress to stop listening to the must suffer and bear the deepest have also been making out like ban- oil companies, the speculators, the wounds and scars of war.’’ The type of dits. In fact, the five largest oil compa- banks, and the credit card companies soldier who typifies the creed of ‘‘duty, nies in this country have made over and all these people who make huge honor, and country.’’ $600 billion in profits since President sums of money and who pay their CEOs ‘‘In twenty campaigns,’’ General Bush has been in office. obscene compensation packages and MacArthur told the cadets, ‘‘on a hun- Last year alone, the major oil compa- start listening to ordinary Americans dred battlefields, around a thousand nies in the United States made over who, to a great degree, are not having campfires, I have witnessed that endur- $155 billion in profits. Believe it or not, their voices heard. That is what our job ing fortitude, that patriotic self-abne- these profits continue to soar. Re- is. That is what we swore to do when gation, and that invincible determina- cently, ExxonMobil reported a 17-per- we swore to uphold the Constitution. I tion which have carved his statue in cent increase in profits, totaling $10.9 think we swore to uphold the needs of the hearts of his people. From one end billion. Earlier, BP announced a 63-per- the American people. of the world to the other, he has cent increase in profits and on and on I hope we can move forward in ad- drained deep the chalice of courage.’’ it goes. Every major oil company is dressing the energy crisis short term. Sergeant Ezell’s chalice of courage seeing a significant increase in their Long term, of course, we need to trans- must have been bottomless. There is no profits. Meanwhile, what these big oil form our energy system away from fos- other way to explain how a man can companies do with all their revenue is sil fuels and foreign oil into energy ef- rise each morning, thousands of miles they have the capability of providing ficiency and sustainable energy. I know from his family, step into streets torn their CEOs with lavish compensation. you and I, Mr. President, have worked by sectarian strife, and put his life on In 2006, Occidental Petroleum gave its on a number of pieces of legislation the line to defuse bombs, day after day. CEO, Ray Irani, $400 million in total that will move this country in that di- He was a peacemaker in a land of great compensation for 1 year of work. rection, and that is what we have to do. turmoil. To Sergeant Ezell’s wife Christina, My friends, when you are going to fill f up your gas tanks at $3.75 a gallon, his parents Rebecca and Lawrence, and let’s remember, the gentleman who HONORING OUR ARMED FORCES all his family and friends, our thoughts and prayers are with you. Sergeant runs Occidental managed to survive SERGEANT FIRST CLASS LAWRENCE D. EZELL Ezell’s humbling service was beyond last year on $400 million in total com- Mr. SALAZAR. Mr. President, I rise anything a nation can expect from its pensation. today to honor the life of a soldier Last year, Anadarko Petroleum’s whose work defusing bombs and traps citizens. You can be certain that his CEO received $26.7 million; Chevron’s in Iraq and Afghanistan saved count- country will never forget him, and CEO received $15.7 million; and less American, Iraqi, and Afghani lives. never cease to honor his sacrifice. ConocoPhillips’ CEO made $15.1 million Army SFC Lawrence Ezell, of Foun- f in total compensation. tain, CO—a hero by all standards—was NATIONAL POLICE WEEK Let’s be clear, I believe oil companies killed on April 30 when a roadside Ms. LANDRIEU. Mr. President, 10 should be allowed to make reasonable bomb detonated near his unit. Assigned Louisiana law enforcement officers profits, and CEOs of big oil companies to the 62nd Ordnance Company, 71st were killed in the line of duty this past should be able to make a reasonable Ordnance Group, out of Fort Carson, year, and they are being recognized in compensation. But at a time when so Sergeant Ezell was 30 years old. Washington this week as part of Na- many Americans are struggling to I know of no words that can properly tional Police Week. I welcome their make ends meet and when people can- honor Lawrence Ezell’s sacrifice or families and colleagues to the Nation’s not afford the outrageously high prices measure the depth of his courage. Serv- Capital. These officers lost their lives they are now forced to pay, these kinds ing in an ordnance company requires a while serving their communities and of executive compensations are to me fortitude, a strength of mind, and a are being honored for their courage and totally unacceptable. professionalism that few possess and the ultimate sacrifice they made to It is not just the oil companies that even fewer are brave enough to sum- serve and protect the citizens of Lou- are ripping off the American people. mon for the task. It is a job with no isiana. There is a lot of evidence, and there room for error and no respite from dan- National Police Week is collabo- have been hearings held on this issue, ger. It demands a steady hand. It re- rative effort to honor the service and that wealthy speculators and hedge quires even steadier wits. sacrifice of America’s law enforcement fund managers have been making ob- Sergeant First Class Ezell performed community and includes the National scene amounts of money by driving up his job day in and day out in the most Law Enforcement Officers Memorial the price of oil in unregulated energy dangerous places in the world. In 2003 Fund, NLEOMF, the Fraternal Order of markets with absolutely no Govern- and 2004, he was in Iraq. In 2005 and Police/Fraternal Order of Police Auxil- ment oversight. The top 50 hedge fund 2006, he was in Afghanistan. And this iary, FOP/FOA, and the Concerns of managers earned $29 billion in income time he was back in Baghdad, trying to Police Survivors, COPS. last year. bring a measure of calm to its violent Officers from around the country and What we are seeing now is not only streets. the families of fallen officers travel to oil company greed driving up prices, We cannot know how many American Washington, DC, for events including but we are seeing financial institutions servicemembers are alive today thanks the Peace Officers Memorial Day Serv- and hedge funds speculating on oil fu- to Sergeant Ezell’s work, or how many ice at the U.S. Capitol and the Na- tures also driving up the price of oil. Iraqi or Afghani citizens were saved tional Police Survivor’s Conference. In This is an issue that must be dealt with from a devastating blast. We do know, addition, the names of our 10 Louisiana in a number of ways, including repeal- however, how talented Sergeant Ezell heroes will be engraved on the National ing the so-called Enron loophole. was, and what a gifted leader he proved Law Enforcement Officers Memorial I conclude by saying what I think the to be. He was highly decorated for his along with 348 other names from American people know. They know our service. His awards included the Bronze around the country. The names will middle class is in deep distress, that Star, the Army Commendation Medal, also be read at a candlelight vigil at people who have worked their whole the Army Achievement Medal, and the the memorial this week. lives hoping to enjoy a secure retire- Senior Explosive Ordnance Disposal The following brave police officers ment are not going to have that retire- Badge. and Sheriff’s deputies gave their lives

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.079 S13MYPT1 smartinez on PROD1PC64 with SENATE S4098 CONGRESSIONAL RECORD — SENATE May 13, 2008 to protect our Louisiana communities: previously served as an officer with the are strong and resolute. They are com- Patrolman Brian Keith Coleman, Alex- University of New Mexico Police for 2 mitted to building a safer and more andria Police Department; Detective years. peaceful future. Thelonious Anthony Dukes, Sr., New Also being honored this week is Offi- On this anniversary, all friends of Orleans Police Department; Sergeant cer Christopher M. Mirabal of Israel should recommit ourselves to en- R. Alan Inzer, Calcasieu Parish Sher- Alamogordo, who passed away as a re- suring the survivability and viability iff’s Office; Deputy Hilery Alexander sult of injuries sustained in a motor ve- of the State of Israel, now and forever. Mayo, Jr., St. Tammany Parish Sher- hicle accident while on duty as a New Our friendship is based on shared val- iff’s Office; Deputy Joshua E. Norris, Mexico State police officer on July 13, ues, shared interests, and strategic ne- Jefferson Parish Sheriff’s Office; Ser- 2007. Officer Mirabal was a lifelong cessity. My support for Israel is un- geant Linden Albert Raimer, St. Tam- resident of Alamogordo and like Pa- abashed and unwavering. I will con- many Parish Sheriff’s Office; Chief trolman Casey, worked to protect New tinue to be a voice for Israel and a vote David Gerald Richard, Port Barre Po- Mexicans, including the families they for Israel in the United States Senate. lice Department; Sergeant John Rus- left behind. Mr. President, I salute the people of sell Smith, Bastrop Police Department; This week we remember the dedica- Israel as they celebrate 60 years of Detective Charles Douglas Wilson, Jr., tion of Patrolman Casey and Officer independence, and I look forward to a Bastrop Police Department; and Dep- Mirabal and all of our fallen police men future of peace, prosperity, and friend- uty Yvonne D. Pettit, Washington Par- and women who protect and serve our ship. ish Sheriff’s Office. communities, and the tragic price they f The sacrifices of our heroic law en- paid for that devotion. We must also FAA REAUTHORIZATION forcement officers remind us that it is remember the families of all fallen offi- Congress’s responsibility to ensure the cers and the sacrifices they have in- Mr. ENSIGN. Mr. President. I wish to Federal Government looks after our curred because of a deep-seated com- speak about Government barriers to disabled officers and firefighters, as mitment to duty and public service. All competition in the aviation sector. well as the families of our fallen and of us from New Mexico owe a debt of Like many of my colleagues, I am dis- disabled first responders. They put gratitude to each and every officer who appointed that the Senate was unable themselves in harm’s way each day so has lost their life in the line of duty. to pass the legislation reauthorizing that the rest of us may live safely and To those who continue to serve, we are the Federal Aviation Administration peacefully in a free society. There is no grateful. You have my utmost admira- last week. This is a difficult and dy- group more deserving of our full sup- tion. namic time for the aviation industry, port, and the truth is, our Federal Gov- f and it is important that Congress re- ernment has not done enough to care view and update our Nation’s aviation 60TH ANNIVERSARY OF THE for and honor these officers, their fami- policies. FOUNDING OF ISRAEL lies, and their sacrifice. Rising ticket prices and increasing National Police Week provides an op- Ms. MIKULSKI. Mr. President. This delays have made the flying experience portunity for us to reflect on our law month we are celebrating one of the more unpleasant for many travelers. enforcement officers’ contributions to greatest achievements of the 20th cen- Any inefficiencies introduced into the building safe and productive commu- tury—the founding of the modern State system only serve to exacerbate such nities in Louisiana and across the of Israel. problems. Therefore, I believe it is im- country. I ask the Senate to join me in The story of Israel is unique. A peo- portant that Congress reduce barriers honoring these 10 Louisiana fallen offi- ple forced into exile, who endured cen- to competition whenever possible so cers, their families, and their col- turies of persecution, rebuilt their an- that the marketplace can best serve leagues across the country for their un- cient homeland. They forged a nation consumers and the public interest. wavering service and dedication to where they could practice their ancient One issue that needs to be addressed keeping us safe. faith and traditions. They created an is how Government-imposed slot con- Mr. DOMENICI. Mr. President, I wish open and free democratic society. And trols at a handful of U.S. airports effec- today to commemorate the hard work always, they offer a home to Jewish tively bar the entry of new airline com- and sacrifices made daily by law en- immigrants from around the world. petitors at those airports. These feder- forcement officers all across our great The founding of Israel followed the ally regulated slot controls are inland. Many officers have lost their most incomprehensible and evil event tended to reduce congestion-related lives in the line of duty so that our of the 20th century, when the Nazis— delays; this congestion mitigation, families and communities may remain with the complicity of so many oth- however, comes at the expense of open safe. We must never forget those who ers—sought to exterminate a people. competition. have given their lives to protect us all. The survivors of the Holocaust helped Once slots at an airport have been In 1962 President John F. Kennedy to build modern Israel. Never again doled out to the airlines, it becomes first declared the annual celebration of will the Jewish people be dependent on very difficult for new entrant carriers Peace Officers Memorial Day and Na- anyone else for their security. to break into the airport because the tional Police Week in ‘‘recognition of At first Israelis envisioned an agrar- market has essentially been closed. the service given by the men and ian society. But today, Israel is a cen- Airlines with limited operations at women who, night and day, stand guard ter for technology and science. Amer- these airports face similar problems in our midst to protect us through en- ican scientists and engineers are work- should they wish to increase their pres- forcement of our laws.’’ ing as partners with Israelis to develop ence in an effort to compete with the Since then, many men and women the innovations of the future. Our larger airlines. Because the market- have paid the ultimate price for our se- great Federal Laboratories, like the place has been artificially constrained, curity, including many brave New National Institutes of Health, are now this leads to higher ticket prices and Mexicans. This year, two New Mexico working with Israeli scientists on a fewer flight options for travelers. police officers will be honored and re- cure for cancer and other deadly dis- It has been proven time and again membered by having their names added eases. Together America and Israel are that prices go down and flight options to the National Law Enforcement Offi- working toward a future that is safer, go up when airlines are allowed to free- cers Memorial in Washington, DC. stronger, and smarter. ly compete. The Department of Trans- The first, Patrolman Germaine F. America’s relationship with Israel is portation and the Federal Aviation Ad- Casey of Albuquerque, was tragically also unique. We share common goals, ministration should take every step killed in a motorcycle accident while values, and interests. We stand by each possible to ensure that competition can he was a part of the police escort for other in good times and bad. flourish at these slot-controlled air- President George W. Bush’s trip to Al- Israel has had to endure many wars ports. As these agencies administer buquerque, NM, on August 27, 2007. Pa- and live in constant readiness for bat- congestion programs, I hope that they trolman Casey was an officer with the tle. They live with the constant threat will develop mechanisms that will Rio Rancho Police Department and had of terrorism. Yet the people of Israel allow for new entrants to compete with

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.036 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4099 the more entrenched airlines at these however, and after Pearl Harbor, Japa- ‘‘I was quite struck by physical features of airports. If they are unable to do so, it nese soldiers arrested Larry’s father the camp,’’ Tribe recalls. ‘‘My sense of jus- may be up to us in Congress to provide and held him in a concentration camp tice rose . . . he didn’t do anything wrong, them with legislative guidance to en- because of his American citizenship. why should he be in such a place?’’ Obviously Tribe was too young to under- sure a more open marketplace. Larry and his mother were not allowed stand what American citizenship meant at Another arbitrary barrier that Con- to visit him until near the end of the the time and, being a little boy, he simply gress should address is the outdated pe- war, and after the war, the family felt it was unfair that his father had been rimeter restriction at Ronald Reagan came to the United States. thrown behind bars. Washington National Airport. For over During those early years in China, ‘‘Maybe that influenced my decision many 40 years, Federal law has restricted Larry attended kindergarten at the years later to become a lawyer interested in flights at Reagan National and delayed Shanghai American school. He remem- human rights,’’ he says. the arrival of competition at the air- bers that when he finally saw the con- Tribe, 66, is widely regarded as the leading practitioner and scholar of US constitutional port. With Senator BOXER and Senator centration camp, he was shocked by its law. He has helped draft the constitutions of MCCAIN, I introduced an amendment to harsh conditions, and he says the expe- countries including Russia, South Africa, the the FAA reauthorization bill to revise rience may have influenced his deci- Czech Republic and the Marshall Islands. Reagan National’s outdated perimeter sion years later to become a lawyer in- At Harvard, where he has taught since 1968, restriction. volved in fighting for justice and Tribe achieved a tenure professorship before The American flying public has human rights. the age of 30 and he was ranked the most ad- shown strong demand for more flights As the author of the article, Yan mired law professor still living in a survey of between the Western United States and Zhen, writes, ‘‘Who would have more than 13,000 Harvard Law School alum- the Washington, DC, area. Unfortu- thought a frightened little boy who ni. nately, the perimeter rule prevents air- once ran through the streets of Shang- Tribe, who is also a fellow of the American Academy of Arts and Sciences, says he has lines from responding to that demand hai during World War II would go on to taught more than 25,000 students over the by largely prohibiting flights to west- become one of the most revered legal past 40 years. Among them are John Roberts, ern cities such as San Francisco, Las minds in the United States?’’ the US chief justice, and Obama, a current Vegas, Phoenix, Denver, and Seattle. Mr. President, I believe all of us who US presidential candidate who worked as Revising the Reagan National perim- know and work with Larry Tribe will Tribe’s research assistant for a year. eter restriction would help free-market have even greater respect for him be- ‘‘Amazing’’ seemed to be the most frequent competition, directly benefiting con- cause of this extraordinary part of his word used by Tribe during his visit to Shang- sumers. While I am disappointed that life. He truly has lived the American hai last month. Not just because of the extraordinary development of the city but the FAA reauthorization bill was Dream. I ask unanimous consent that more importantly, because he got the chance pulled from the floor before my amend- the article be printed in the RECORD. to track down the residences where he once ment could be considered, I will con- There being no objection, the mate- lived. tinue to work with my colleagues to rial was ordered to be printed in the While having dinner at a friend’s house, find a way to revise the perimeter re- RECORD, as follows: Tribe came across a lady who helped his striction so that air service between [From Shanghai Daily, Apr. 16, 2008] vague recollections of Shanghai when she produced the 1941 Shanghai Directory. the West and Reagan National is in- A LIFE SPENT IN SEARCH OF JUSTICE—AMAZ- The historic document recording members creased in a market-based manner. ING LEGAL MIND FORGED IN OLD SHANGHAI of the Jewish community in Shanghai clear- Laurence Tribe is regarded as one of the We owe it to the American flying ly showed that the Tribe family had lived on foremost constitutional law experts in the public to squeeze every last bit of effi- Lafayette Avenue (now Fuxing Road) before United States. The Jewish professor’s books ciency out of our aviation system. As later moving in to the Picardie Apartments on the subject are compulsory reading for as- the Senate considers aviation issues in (now the Hengshan Hotel) on Hengshan piring—and practicing—lawyers. Road. the future, I hope my colleagues will He was once voted the most admired living Records also showed Tribe attended kin- work together to reduce the artificial alumni of the Harvard Law School where he dergarten at the Shanghai American School barriers to competition created by is a professor while one of his former re- at that time—all places he visited. well-intentioned yet burdensome Gov- search assistants was none other than US ‘‘It’s so amazing to find buildings are still ernment regulations. presidential hopeful Barack Obama. Tribe’s life has been filled with achieve- there in a city of such dynamic develop- f ments and accolades—and much of it may ment,’’ the Jewish scholar says after visiting TRIBUTE TO LARRY TRIBE have to do with his early years in Shanghai. his former residences. ‘‘Some of the things are a little bit famil- Mr. KENNEDY. Mr. President, most He may have lived here for just five and a half years, but all of these years later Tribe iar, but I was very small at that time (to re- of us in Congress know Larry Tribe as readily acknowledges it was a special experi- member everything). the highly regarded expert on constitu- ence that helped shape his life. ‘‘Many things have changed at Picardie tional law at Harvard Law School who After more than six decades, the premier but I definitely remember the balcony. I re- has been so helpful to us for decades on scholar and lawyer recently returned to his member standing there looking at the street the many important constitutional birthplace for the first time during the Har- when I was about four,’’ Tribe adds, his eyes lighting up. issues we often deal with in the Senate vard Alumni Association’s Global Conference in Shanghai. What is even more amazing is that Tribe and the House of Representatives. even managed to find the name of his grand- But another side of Larry came to It was an incredible return to the city, he tells Shanghai Daily in an exclusive inter- father in the old Shanghai directory and got light last month in a very moving view. ‘‘It was an amazing homecoming,’’ he the chance to visit his grandparents’ former front-page article of the ‘‘Scope’’ sec- says with some emotion. home on Seymour Road (now Shaanxi Road tion in the April 16 Shanghai Daily Tribe was born in Shanghai in 1941 and re- N.), where he would often visit. newspaper in China. mained here until his family moved to the Tribe says he would have liked to have Shanghai is Larry’s birthplace and he United States at the end of World War II. brought his son and daughter and grand- recently returned there for the first His father George Israel Tribe was a Rus- children to Shanghai, but sadly their busy schedules prevented them from doing so. time for the Harvard Alumni Associa- sian American who had lived in Harbin, capital of China’s northeastern Heilongjiang Both children are accomplished artists and tion’s ‘‘Global Conference in Shang- Province, where he met his wife Polia art theorists. hai.’’ He was interviewed by a reporter Diatlovitsky during the war. Before coming though, Tribe’s daughter for the newspaper during the visit. For safety reasons, the family moved south gave him a digital camera and asked him to As the article states, Larry was born to Shanghai. But just one day after the Japa- take pictures of the places where he grew up in Shanghai in October 1941. His father nese occupation of the city, George Tribe so that he could share the memories with the was a Russian American who had been was taken away by Japanese soldiers due to rest of his family. living in northeastern China where he his American citizenship and thrown into a ‘‘It would still be nice to bring my grand- had met his wife. When war broke out concentration camp. children here one day,’’ he says. ‘‘I am enor- Only as the end of the war approached were mously grateful to Shanghai. I would not between China and Japan in the 1930s, young Tribe and his mother allowed to visit exist but for Shanghai. Not only because I they moved to Shanghai to be safer, be- his father at the camp which he recalls was was born here but this city welcomed Jews cause the city welcomed Jewish refu- located on Suzhou Creek, near a tobacco fac- and other refugees at a time when no one gees. The Japanese occupied Shanghai, tory. else would take them.’’

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His work and knowledge was a Second District of Alabama as a Mem- Our State and our Nation are better pivotal part of my ability to be a lead- ber of Congress from 1965 to 1993. places because of Bill Dickinson’s leader and contributor to the budget com- Bill was born in Opelika, AL, on June ership. Let his service be an example mittee, and I cannot thank him 25, 1925. After graduating from Opelika for those of us who continue to serve in enough. public schools, he enlisted in the Navy, public office. Sander was born in Warwick, RI, and serving from 1943 to 1946 and then f raised for most of his early life in Mil- waukee, WI. He earned his bachelor’s joined the Air Force Reserves. TRIBUTE TO SANDER LURIE After graduating from the University degree from the University of Wis- of Alabama Law School, Bill returned Ms. STABENOW. Mr. President, consin-Madison, and following that he to Opelika where he practiced law be- today I pay tribute to a truly remark- earned his master’s degree in public ad- fore becoming an Opelika city judge. able person. Sander Lurie came to my ministration from the Lyndon B. John- He later served as a judge of the Lee office as legislative director in 2001, son School of Public Affairs at the Uni- County Juvenile Court, and as a judge and was an integral member of my versity of Texas-Austin. Sander’s pri- for the Fifth Judicial Circuit of Ala- staff for 7 years, including serving as ority of working for the people in his bama. my chief of staff. community and his commitment to In 1964, Bill was elected as a Repub- Sander was pivotal in getting my of- public service began at a young age be- lican to Congress for the Second Dis- fice up and running as I made the tran- fore he ever made his way to Wash- trict of Alabama. He was known to his sition from the U.S. House of Rep- ington. He spent time working for both colleagues on both sides of the aisle as resentatives to the U.S. Senate in 2001. the Wisconsin State Assembly and the an honest and collegial statesman and I could not have asked for a better per- Texas Employment Commission, mak- a first-rate legislator. The people of son to direct my legislative efforts; ing sure to give back to the States that southeast Alabama were proud of Bill’s with his support I was able to hit the he called home. This selflessness fol- work in representing them in Congress, ground running and work for the great lowed him to Washington as he spent as evidenced by his election to 14 terms people of the State of Michigan from the last 17 years of his life serving the in the U.S. House of Representatives. the very start. citizens of Michigan and New Jersey. Bill never wavered from his conserv- Prior to joining my staff in 2001, Sander has now begun a new chapter ative principles. It would be difficult to Sander spent 10 years working for the in his life. And though everyone in my count the ways that Alabama and our honorable Senator from the State of office and those that know him best Nation benefited from Bill’s time in New Jersey, Mr. FRANK LAUTENBERG, were saddened to see him leave, we are Congress. Though we did not serve to- including serving as his chief of staff all incredibly proud of the work he has gether, I knew him well, campaigning prior to Senator LAUTENBERG’s retire- done and are deeply grateful for the for him when I was in college and bene- ment in 2000. When I asked Senator positive impact he has had on all of our fiting from his strong support and wise LAUTENBERG about Sander and his con- lives. advice since I have been in the Senate. tributions to his office, Senator LAU- Today, Sander resides in Washington, As a long standing member of the TENBERG told me, ‘‘Sander was an inte- DC, with his wonderful wife Dorian House Armed Services Committee, he gral part of my team for many years Friedman, and their beautiful daughter worked arduously for our men and and played a large role in our successes Mara. As Sander continues on in what women in uniform. His work was deci- during that time. He is a smart, nat- will certainly be an illustrious career, I sive in supporting military bases in ural leader with a real dedication to wish him well. He is sorely missed, but Alabama that have become strong, en- public service.’’ I could not agree more. I, and everyone around him, know that during installations like Maxwell Air For the 7 years he spent on my staff no the same selflessness that brought him Force Base and Fort Rucker. He was a one was more tireless, more hard- to public service will follow him to fixture on the Armed Services Com- working, or more dedicated to helping whatever path he chooses, and he will mittee, serving 10 years as ranking the citizens of Michigan and the citi- undoubtedly continue to improve the member. Indeed, it was ironic that if he zens of the United States. He was a lives of those around him. I am hon- had chosen to seek another term, he constant source of motivation and in- ored to have had Sander serve as my would have been the chairman of the spiration. chief of staff, and I wish him only the House Armed Services Committee. As Sander has always been the kind of best in the years ahead. the committee’s leading Republican, he person whose first priority is to im- f gave his support to President Reagan’s prove the lives of those around him. defense buildup in the 1980s which This was clearly evident during his ADDITIONAL STATEMENTS helped to bring down the Soviet Union. time in Senator LAUTENBERG’s office. Our Nation’s military continues to He was instrumental in assisting Sen- 100TH ANNIVERSARY OF THE CITY reap the benefits of programs and poli- ator LAUTENBERG’s push for major re- OF BURLINGAME cies adopted under his watch. forms in tobacco and was very helpful There are times when our Nation has to the state attorneys general who ∑ Mrs. BOXER. Mr. President, I take to defend itself and Bill Dickinson took on the tobacco industry. Sander this opportunity to recognize the 100th fully understood that reality. That played a key role in the Senator’s suc- anniversary of the city of Burlingame, knowledge made him a steadfast advo- cessful battle to reduce drunken driv- located in San Mateo County, CA. cate for the proposition that the best ing deaths by making the .08 blood al- The city of Burlingame was incor- way to peace was through strength. cohol level the law of the land. Amidst porated into the State of California on Finally, despite all of his accomplish- all this, Sander was able to work with June 6, 1908. This year, we celebrate its ments, Bill’s family and his many Senator LAUTENBERG and help craft the centennial anniversary. Also known as friends will miss his wit and humor. As historic 1997 Balanced Budget Agree- the ‘‘City of Trees’’ because of its 18,000 we say in the South, he was ‘‘good ment that helped to produce the budget public trees, the city of Burlingame company’’. People loved to hear him surpluses of the late 1990s. has fascinated and charmed visitors for speak. The smiles on the faces of the As he made his way to my office, decades. audience would start even before he Sander used his experience with the Situated in eastern San Mateo Coun- reached the podium. His humor and a balanced budget agreement to become ty near San Francisco Bay, Burlingame realistic approach to life were surely the go-to person on my staff regarding is named after diplomat Anson Bur- great assets to his work. the budget, and all of us here in the lingame, the former U.S. Minister to

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.039 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4101 China who stopped in the bay area on bison in North America. The first, enthusiasts of all kinds. It is also the his way to China in 1866 and purchased known as White Cloud, gave birth to an proud hometown of our Congressman, 1,043 acres in what is currently Bur- albino calf this last year, bringing an- EARL POMEROY. lingame and Hillsborough. In the mid- other albino bison to the herd tended Valley City is the ideal location for 1860s, a railroad line was built down by the National Buffalo Museum. The its residents to grow and prosper to- the Peninsula, with many wealthy San rarity of this occurring is immense and gether. To celebrate its 125th anniver- Franciscans building secondary homes has added to interest in the city. sary, the city will hold a rubber duck south of San Francisco. When the great Jamestown has also helped shape the race, a street dance, a craft fair, a pa- earthquake devastated much of San direction of North Dakota. And, for rade and fireworks. Francisco in 1906, many people looking many, as the city that brought us Mr. President, I ask the U.S. Senate to escape the dangers and hardships of Louis L’Amour and Peggy Lee, James- to join me in congratulating Valley the city also moved south, this time town has helped shape a generation. City, ND, and its residents on their permanently. Coming into its 125th year, I am cer- first 125 years and in wishing them well In 1894, the Burlingame Train Sta- tain that Jamestown will continue in in the future. It is places such as Val- tion was built to service the Bur- its role to provide leadership to many ley City, North Dakota that have lingame Country Club, which was of our communities for years to come. helped shape this country into what it founded in 1893. This station, which Jamestown will be commemorating is today, which is why this fine com- was financed largely by country club this special occasion with over a week munity is deserving of our recognition. members, was built to resemble the of fireworks, car shows, races, ban- Valley City has a proud past and a ∑ style of California’s missions. Today, quets, socials, air shows, golf tour- bright future. the Burlingame Train Station is on the naments, school reunions, presen- f National Register of Historic Places tations, and parades. TRIBUTE TO LINDA NELSON Mr. President, I ask the U.S. Senate and has also been designated a State ∑ Mr. HARKIN. Mr. President, there is to join me in congratulating James- historic landmark. an old saying that no exercise is better For 100 years, the city of Burlingame town, ND, and its residents on their for the human heart than reaching has not only served as a historical won- 125th anniversary and in wishing them down to lift up a child. Whenever I derland for those visiting the city but well for the future. By honoring James- think about Linda Nelson, that saying a place to call home for its more than town we keep the pioneering, frontier comes to mind because she had devoted 28,000 residents. I commend Burlingame spirit alive for future generations. It is her life to nurturing and educating and for maintaining the natural beauty and places such as Jamestown that have lifting up children. historical significance of this fine city. helped to shape this country into what Likewise, for the past 4 years, as The city of Burlingame’s vision and it is today, which is why this fine com- president of the Iowa State Education commitment to protecting its small munity is deserving of our recognition. Association, Linda Nelson has devoted piece of California history should be Jamestown has a proud past and a herself to lifting up the teaching pro- commended. I congratulate the city of very bright future.∑ fession in the State of Iowa. She has Burlingame for its hard work on this f fought for better pay and professional special occasion and I look forward to 125TH ANNIVERSARY OF VALLEY development, for more generous fund- future generations having the oppor- CITY, NORTH DAKOTA ing for public education, and for com- tunity to visit and enjoy this unique ∑ monsense reforms to the No Child Left city for another 100 years.∑ Mr. CONRAD. Mr. President, I am Behind Act. She has done an excep- f pleased to recognize a community in tional job for Iowa’s teachers and edu- North Dakota that will be celebrating cation support professionals. However, 125TH ANNIVERSARY OF its 125th anniversary. On June 11–15, JAMESTOWN, NORTH DAKOTA I know that she is looking forward to the residents of Valley City will gather returning next fall to her real love, ∑ Mr. CONRAD. Mr. President, I am to celebrate their community’s history which is the classroom at Carter Lake pleased to honor a community in North and founding. Elementary School and the students Dakota that is celebrating its 125th an- Founded by the Northern Pacific Rail she has missed so much. niversary. From June 28 to July 6, the Road in 1872, this community went Linda Nelson has led and served residents of Jamestown will come to- through an assortment of names before ISEA with true distinction. Under her gether to celebrate their community settling on Valley City. After being leadership, membership has increased and its historic founding. known as Second Crossing, Fifth Sid- and local associations have been Founded in 1883 on the intersection ing, Wahpeton, and Worthington, Val- strengthened. She tirelessly criss- of the Pipestem and James Rivers, ley City was chosen to describe this crossed the State of Iowa to visit Jamestown was named by GEN Thomas beautiful town located in the Sheyenne schools and to consult with teachers La Fayette Rosser whose hometown River Valley. and support professionals. I am told was Jamestown, VA, which was also lo- Because the community was devel- that she has been away from home so cated on a James River. In 1883 and oped around the winding Sheyenne much that her cats no longer recognize again in 1932, the city of Jamestown River, its eight historic bridges have her. made an attempt, though unsuccessful, become an integral part of Valley Mr. President, I have always loved to become the capital of the State. City’s rich history. This ‘‘City of what Lee Iacocca said about teachers. Jamestown is known as the ‘‘Pride of Bridges’’ offers many one of a kind and ‘‘In a completely rational society,’’ he the Prairie’’—and it has much to be original bridge designs, including the said, ‘‘the best of us would be teachers, proud of. Valley City State University suspen- and the rest would have to settle for The city’s dedication to promoting sion footbridge and the concrete arched something less.’’ Fortunately, in Iowa, both conservation and tourism resulted Rainbow Bridge. so many of our best do go into teach- in the construction of the World’s Valley City has a lot to offer its resi- ing. And Linda is one of those truly Largest Buffalo. This massive 60-ton dents and visitors alike. With its an- outstanding classroom professionals. monument, which began as an art tiques, crafts and collectables Valley She graduated from the University of project of students from Jamestown City offers a distinctive shopping expe- Nebraska at Lincoln and has taught for College, draws visitors from all over rience. Some of its hidden treasures in- more than 30 years. She has been an ac- the country. The buffalo is the center clude a visitor’s center, the Barnes tive member of ISEA throughout her of the Frontier Village, a gathering of County Museum, and the Sheyenne career. She has held leadership posi- genuine Frontier-era buildings and the River Valley National Scenic Byway. tions at the local, State, regional, and National Buffalo Museum—all of these The scenic byway stretches 63 pictur- national levels. In 1992, the National together attracting over 100,000 visitors esque miles along the Sheyenne River, Education Association recognized her a year. following ancient Native American outstanding contributions to public Adding to Jamestown’s celebrity is foot paths. The area has become a mag- education with the Charles F. Martin the presence of two of only a few albino net for hunters, fisherman, and outdoor Award.

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.033 S13MYPT1 smartinez on PROD1PC64 with SENATE S4102 CONGRESSIONAL RECORD — SENATE May 13, 2008 As I said, Linda’s first love is the continued throughout his tenure. He STOWE WEEKEND OF HOPE classroom. But she is committed to se- taught his students that giving and ∑ Mr. SANDERS. Mr. President, the curing a quality education for every service were the foundation of citizen- State of Vermont is proud of the people child, not just those in her classroom, ship, and renewing Concord’s commit- in our state who organize the annual and this has led her to activism in the ment to social responsibility. Stowe Weekend of Hope, one of the broader public and political arenas. As many of you know, access to tech- most inspiring and educational events She was elected to the Iowa House of nology is an issue of particular impor- for cancer survivors in the United Representatives in 1992 and served for 4 tance to me. I have committed myself States. years as an outspoken champion of to the enhancement of technology re- ‘‘We believe that the Stowe Weekend quality public schools for all of Iowa’s sources for students in West Virginia, a of Hope is unique, as it covers all can- children. commitment which Dr. Beasley and I cers, reveals the generosity of an entire As a teacher, Linda Nelson is a con- share. During his tenure as president community, and has enhanced the lives summate professional, and she speaks and thanks, in part, to his oversight, of thousands of past attendees and with that special authority that can the $13.9 million Rahall Technology their loved ones,’’ said Jo Sabel only come from decades of classroom Center is now complete and open for Courtney, the chair and cofounder of experience. She has been an association student use. Its 24-hour facilities pro- the uplifting event. ‘‘Our mission,’’ she president, a mentor, a leader, a legis- vide students with access to tech- explained, ‘‘is to inspire, educate, and lator. But of the many titles she has nology ranging from high-speed inter- celebrate the lives of people living with worn during her long and distinguished net to computer science courses. cancer.’’ career, she prizes none more highly Our society today is becoming in- Altogether, some 900 participants than the simple title of ‘‘teacher.’’ creasingly dependent on technology. As from 21 States, the U.S. Virgin Islands, Linda Nelson is one of the many rea- we become integrated into a global and Canada participated in this year’s sons why Iowa public schools are marketplace, the values of knowledge events presented by the Stowe Area As- among the most respected and highest and service have become even more im- sociation and the Vermont Cancer Cen- achieving in the Nation. We are blessed portant. The expansion of our re- ter. The Stowe Area Association’s lodg- with an extraordinary cadre of talented sources and influence demands that we ing properties donated 312 complimen- teachers, and this is a real point of all develop a greater understanding of tary rooms to cancer survivors and pride among Iowans. We honor our the world we live in and the people we their loved ones. teachers. We are grateful for their keen share it with. Under Dr. Beasley’s lead- Jo Sabel Courtney would be the first minds and generous hearts. We appre- ership, Concord University has met to tell you that making the weekend a ciate the long hours they devote to these challenges headon. The student tremendous success is a team effort. their work—their service above and be- body has grown significantly reaching The Stowe Weekend of Hope Organizing yond the call of duty. an all-time peak enrollment of 3,055 Committee she chairs includes Leslie Linda Nelson has made a very real students in the fall of 2001. The student Anderson of Stowe; Trine Brink, difference for the good as president of body has also become incredibly di- Stowe; David Cranmer, Shelburne; the Iowa State Education Association. verse, with representatives from 27 Sandy Devine, Stowe; Jenn Ingersoll, As she returns to Carter Lake, I join States, 22 countries, and the District of Burlington; Kimberly Luebbers, Bur- with educators across Iowa in thanking Columbia. The diversity of faces and lington; Kathleen McBeth, Stowe; Val- Linda for her service, and wishing her backgrounds at Concord is also com- erie Rochon, Stowe; Susan Rousselle, the very best in the years ahead.∑ plemented by a diverse range of study Elmore; Terry Smith, Stowe, and emer- f abroad opportunities, with scholarships itus member and cofounder, Patti available for study in Europe, South IN HONOR OF DR. JERRY BEASLEY O’Brien, M.D. America, and around the world. We in Vermont are very proud of the ∑ Mr. ROCKEFELLER. Mr. President, Dr. Beasley not only enhanced the di- efforts that all of these people put into we all know that college can be a won- versity of the Concord student body, organizing this annual event for the derful, eventful, and sometimes over- but also broadened the resources avail- education and enlightenment of cancer whelming time in the life of a young able on campus. Since the early 1930s, a patients, cancer survivors and their person. With new doors opening and a goal of an interfaith chapel has been families, and I have very much enjoyed plethora of choices ahead, the years kept alive on the Concord campus, but, visiting with them over the last several that young people devote to their col- for many years, the project was left un- years. lege education shape the person they finished. Dr. Beasley has shepherded This year’s participants in the Stowe grow to be. We should all hope that the project, which is now nearing com- Weekend of Hope included people with when our loved ones set out on this pletion. The building will mark not 46 different cancers, people who are journey that they encounter role mod- only the campus’s concern for multi- confronting complex physical, emo- els and mentors like Dr. Jerry Beasley. cultural understanding, but also of Dr. tional, spiritual, and financial chal- He has steered Concord University Beasley’s ambition to this end. lenges. since 1985, in which time he has had an Concord University students can now Nationally renowned oncology spe- immeasurable impact on the institu- enjoy a wealth of opportunities with- cialists from around New England, as tion and its students. In the time I out fearing the exorbitant financial well as leading oncologists and re- have been allotted, I cannot do justice burdens of education. Financial aid and searchers from the Vermont Cancer to the great service Dr. Beasley has scholarships are now more available Center, and the University of Vermont dedicated to Concord University, but than ever with more than 90 percent of and Fletcher Allen Health Care Divi- through the examples I can provide I Concord’s students receiving some sion of Hematology and Oncology were hope to at least honor these selected form of educational assistance. Dr. present at this year’s eighth annual accomplishments. Beasley was instrumental in the effort Stowe Weekend of Hope to provide up- From the beginning of his career at to bring programs such as the Bonner to-date information to both the pa- Concord, Dr. Beasley has embodied the Scholars program to campus. tients and their loved ones. university’s mission of learning and What I admire the most about Dr. The weekend also included hands-on service. Traditionally, university presi- Beasley, though, is his personal com- workshops, informational and support dents hold elegant ceremonies and in- mitment to public service, and the in- group gatherings, recreation opportu- auguration parties in order to cele- spirational example he has set for his nities, inspirational music, ecumenical brate themselves and their achieve- children, his students, and all of us. He services, motivational talks designed ments before beginning work. Dr. has dedicated his career to improving to heighten the emotional experience Beasley is not one of these presidents. education, and for that we owe him our of healing and growth, and a time for He preferred to donate the funds usu- sincerest thanks. Dr. Beasley, I am relaxation and reflection. ally allocated for such ceremonies to very grateful for your contributions to On Sunday morning, participants the support of student scholarships, Concord University, and I wish you gathered to dedicate the Flags of Hope setting a precedent of selflessness he well in a peaceful retirement.∑ and Healing that they had created. The

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.013 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4103 closing ceremony also included prayer, category. Less than a month later, the United States of America and the Gov- dance, song and remembrances. Maine International Trade Center rec- ernment of the Russian Federation for The Stowe Weekend of Hope was ognized Safe Handling as its Maine In- Cooperation in the Field of Peaceful founded in 2001. Since its inception, the novative Company of the Year Award Uses of Nuclear Energy. I am also event has grown locally and nationally for the company’s energy saving meth- pleased to transmit my written ap- to continue its focus its mission of sup- ods and customer savings. Addition- proval, authorization, and determina- port, education and inspiration. ally, the U.S. Small Business Adminis- tion concerning the Agreement, and a It makes me proud of Vermont.∑ tration presented Mr. Reiche with its Nuclear Proliferation Assessment f prestigious 2008 Maine Small Business Statement (NPAS) concerning the Agreement (in accordance with section HONORING SAFE HANDLING, INC. Person of the Year for his ‘‘business expertise, commitment, creativity and 123 of the Act, as amended by title XII ∑ Ms. SNOWE. Mr. President, today I community involvement.’’ Mr. Reiche’s of the Foreign Affairs Reform and Re- wish to celebrate the remarkable dedication and knowledge inspire the structuring Act of 1998 (Public Law 105– achievements of a small Maine com- nearly 100 employees of Safe Handling, 277), a classified annex to the NPAS, pany that is doing business in an in- and the company is a better place for prepared by the Secretary of State in credibly forward-thinking way. Safe his profound leadership skills. consultation with the Director of Na- Handling, Inc., of Auburn, is a cutting- Safe Handling is truly a company of tional Intelligence, summarizing rel- edge transporter of industrial products, which all Mainers can be proud. Con- evant classified information, will be and both the firm and its president, sistently seeking greater energy effi- submitted to the Congress separately). Ford Reiche, have earned significant ciency while never sacrificing its loy- The joint memorandum submitted to recognition, culminating in Mr. Reiche alty to its customers, Safe Handling me by the Secretary of State and the being named the U.S. Small Business promises to make the Lewiston-Auburn Secretary of Energy and a letter from Administration’s 2008 Maine Small area—and Maine—a better place in the Chairman of the Nuclear Regu- Business Person of the Year. every way. I am particularly impressed latory Commission stating the views of Founded in 1989, Safe Handling offers with the passion and enthusiasm of Mr. the Commission are also enclosed. businesses the convenience of both Reiche, who I was fortunate enough to The proposed Agreement has been ne- bulk product transportation and logis- meet with just a few weeks ago. His de- gotiated in accordance with the Act tics, as well as toll processing, to en- sire to create jobs and opportunities in and other applicable law. In my judg- able them to more efficiently move Central Maine truly shined through ment, it meets all applicable statutory their goods. Significantly, Safe Han- during our time together. I congratu- requirements and will advance the non- dling is responsible for both sensitive late Ford Reiche and everyone at Safe proliferation and other foreign policy and hazardous materials. To safely Handling for their amazing accolades interests of the United States. handle these products, the firm runs and pioneering enterprises, and wish The proposed Agreement provides a the largest rail-to-truck transloading them more of the success that they comprehensive framework for peaceful facilities in both New England and have already demonstrated.∑ nuclear cooperation with Russia based western Pennsylvania, where it has an on a mutual commitment to nuclear additional transload yard and ware- f non-proliferation. It has a term of 30 house. Safe Handling presently man- MESSAGES FROM THE PRESIDENT years, and permits the transfer of tech- ages roughly a half million tons of Messages from the President of the nology, material, equipment (including products every year which translates United States were communicated to reactors), and components for nuclear to nearly 4,000 railcars and 12,000 the Senate by Mrs. Neiman, one of his research and nuclear power production. truckloads of raw materials annually. secretaries. It does not permit transfers of Re- It also operates the only ethanol ter- stricted Data, and permits transfers of minal in Maine. f sensitive nuclear technology, sensitive Transporting such perilous materials EXECUTIVE MESSAGES REFERRED nuclear facilities, and major critical requires Safe Handling to be mindful of As in executive session the Presiding components of such facilities by many concerns, and the company has Officer laid before the Senate messages amendment to the Agreement. In the risen to the top as a leader in environ- from the President of the United event of termination, key non-pro- mental safety by exceeding Federal States submitting sundry nominations liferation conditions and controls con- and State requirements on a regular which were referred to the appropriate tinue with respect to material and basis. Most recently, the company be- committees. equipment subject to the Agreement. came the first Maine-owned business to The Russian Federation is a nuclear (The nominations received today are earn both the ISO14001 and Responsible weapon state party to the Treaty on printed at the end of the Senate pro- Care certifications, which address a the Non-Proliferation of Nuclear Weap- ceedings.) host of health, safety, environmental, ons. Like the United States, it has a and security concerns. Of all its initia- f ‘‘voluntary offer’’ safeguards agree- tives, Safe Handling has most visibly TEXT OF A PROPOSED AGREE- ment with the International Atomic led the way in reducing transportation MENT BETWEEN THE GOVERN- Energy Agency (IAEA). That agree- emissions. The company ships dry MENT OF THE UNITED STATES ment gives the IAEA the right to apply products that it transfers into liquids, OF AMERICA AND THE GOVERN- safeguards on all source or special fis- uses tri-axle trucks, provides long-haul MENT OF THE RUSSIAN FEDERA- sionable material at peaceful nuclear rail services, and utilizes biodiesel fuel, TION FOR COOPERATION IN THE facilities on a Russia-provided list. The all of which reduce discharge. Not sur- FIELD OF PEACEFUL USES OF Russian Federation is also a party to prisingly, the firm placed first in the NUCLEAR ENERGY—PM 48 the Convention on the Physical Protec- Governor’s Carbon Challenge, by volun- tion of Nuclear Material, which estab- The PRESIDING OFFICER laid be- tarily reducing its carbon emissions by lishes international standards of phys- fore the Senate the following message 75 percent. Safe Handling has addition- ical protection for the use, storage, and from the President of the United ally instituted an Employee Green Idea transport of nuclear material. It is also States, together with an accompanying Reward Program that gives $100 to a member of the Nuclear Suppliers report; which was referred to the Com- each employee who saves the company Group, whose non-legally binding mittee on Foreign Relations: money through an environmentally Guidelines set forth standards for the friendly idea. To the Congress of the United States: responsible export of nuclear commod- Because of its innovative practices I am pleased to transmit to the Con- ities for peaceful use. A more detailed and proven track record, Safe Handling gress, pursuant to sections 123b. and discussion of Russia’s domestic civil has garnered three prestigious awards 123d. of the Atomic Energy Act of 1954, nuclear program and its nuclear non- this year alone. In March, Mainebiz as amended (42 U.S.C. 2153(b), (d)) (the proliferation policies and practices, in- magazine declared Ford Reiche its Ex- ‘‘Act’’), the text of a proposed Agree- cluding its nuclear export policies and ecutive of the Year in its large business ment Between the Government of the practices, is provided in the NPAS and

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.037 S13MYPT1 smartinez on PROD1PC64 with SENATE S4104 CONGRESSIONAL RECORD — SENATE May 13, 2008 in the classified annex to the NPAS MEASURES READ THE FIRST TIME EC–6140. A communication from the Prin- submitted to the Congress separately. cipal Deputy, Under Secretary of Defense The following joint resolution was (Personnel and Readiness), transmitting, I have considered the views and rec- read the first time: ommendations of the interested agen- pursuant to law, a report on the use of Avia- S.J. Res. 32. Joint resolution limiting the tion Continuation Pay during fiscal year cies in reviewing the proposed Agree- issuance of a letter of offer with respect to a 2007; to the Committee on Armed Services. ment and have determined that its per- certain proposed sale of defense articles and EC–6141. A communication from the Direc- formance will promote, and will not defense services to the Kingdom of Saudi tor, Defense Procurement, Acquisition Pol- constitute an unreasonable risk to, the Arabia. icy, and Strategic Sourcing, Department of Defense, transmitting, pursuant to law, the common defense and security. Accord- f ingly, I have approved the Agreement report of a rule entitled ‘‘Excessive Pass- ENROLLED BILL PRESENTED Through Charges’’ (DFARS Case 2006–D057) and authorized its execution and urge received on May 12, 2008; to the Committee that the Congress give it favorable con- The Secretary of the Senate reported on Armed Services. sideration. that on today, May 13, 2008, she had EC–6142. A communication from the Assist- This transmission shall constitute a presented to the President of the ant Secretary of Defense (Reserve Affairs), submittal for purposes of both sections United States the following enrolled transmitting, pursuant to law, an annual re- 123b. and 123d. of the Atomic Energy bill: port on the National Guard Challenge Pro- gram for fiscal year 2007; to the Committee Act. My Administration is prepared to S. 2929. An act to temporarily extend the on Armed Services. begin immediately the consultations programs under the Higher Education Act of EC–6143. A communication from the Sec- with the Senate Foreign Relations 1965. retary of Defense, transmitting a report on Committee and House Foreign Affairs f the approved retirement of Lieutenant Gen- Committee as provided in section 123b. eral Bruce A. Wright, United States Air EXECUTIVE AND OTHER Force, and his advancement to the grade of Upon completion of the 30-day contin- COMMUNICATIONS uous session period provided for in sec- lieutenant general on the retired list; to the Committee on Armed Services. tion 123b., the 60-day continuous ses- The following communications were laid before the Senate, together with EC–6144. A communication from the Assist- sion period provided for in section 123d. ant Secretary of Defense (Health Affairs), shall commence. accompanying papers, reports, and doc- transmitting, pursuant to law, a report rel- GEORGE W. BUSH. uments, and were referred as indicated: ative to the Department’s evaluation of the THE WHITE HOUSE, May 12, 2008. EC–6133. A communication from the Direc- TRICARE Program Fiscal Year 2008 Report; tor, Regulatory Management Division, Envi- to the Committee on Armed Services. f ronmental Protection Agency, transmitting, EC–6145. A communication from the Assist- pursuant to law, the report of a rule entitled ant Secretary of State, transmitting, pursu- ‘‘Tebuconazole; Pesticide Tolerances’’ (FRL ant to law, a report relative to the measures MESSAGES FROM THE HOUSE No. 8364–6) received on May 12, 2008; to the that are being taken to successfully com- Committee on Agriculture, Nutrition, and plete the mission in Iraq; to the Committee Forestry. on Armed Services. EC–6146. A communication from the Acting ENROLLED BILL SIGNED EC–6134. A communication from the Con- gressional Review Coordinator, Animal and General Counsel of the Department of De- At 12:45 p.m., a message from the Plant Health Inspection Service, Department fense, transmitting legislative proposals rel- House of Representatives, delivered by of Agriculture, transmitting, pursuant to ative to military spousal benefits; to the Mrs. Cole, one of its reading clerks, an- law, the report of a rule entitled ‘‘Interstate Committee on Armed Services. Movement of Fruit from Hawaii’’ (Docket EC–6147. A communication from the Gen- nounced that the Speaker has signed eral Counsel, Department of Housing and the following enrolled bill: No. APHIS–2007–0050) received on May 7, 2008; to the Committee on Agriculture, Nutrition, Urban Development, transmitting, pursuant S. 2929. An act to temporarily extend the and Forestry. to law, the report of a vacancy in the posi- programs under the Higher Education Act of EC–6135. A communication from the Direc- tion of Secretary, received on May 12, 2008; 1965. tor, Regulatory Management Division, Envi- to the Committee on Banking, Housing, and ronmental Protection Agency, transmitting, Urban Affairs. The enrolled bill was subsequently EC–6148. A communication from the Gen- pursuant to law, the report of a rule entitled signed by the President pro tempore eral Counsel, Department of Housing and ‘‘Bacillus firmus isolate 1582; Exemption (Mr. BYRD). Urban Development, transmitting, pursuant from the Requirement of a Tolerance’’ (FRL to law, the report of the designation of an No. 8362–7) received on May 7, 2008; to the At 6:37 p.m., a message from the acting officer for the position of President of Committee on Agriculture, Nutrition, and House of Representatives, delivered by the Government National Mortgage Associa- Forestry. tion, received on May 12, 2008; to the Com- Mrs. Cole, one of its reading clerks, an- EC–6136. A communication from the Under mittee on Banking, Housing, and Urban Af- nounced that pursuant to section Secretary of Defense (Personnel and Readi- 1853(a) of the Implementing Rec- fairs. ness), transmitting a report on the approved EC–6149. A communication from the Chair- ommendations of the 9/11 Commission retirement of Lieutenant General Robert D. man and President, Export-Import Bank of Act of 2007 (P.L. 110–53), the Minority Bishop, Jr., United States Air Force, and his the United States, transmitting, pursuant to Leader appoints Mr. Henry Sokoloski advancement to the grade of lieutenant gen- law, a report relative to Pemex projects in of Arlington, Virginia, and Mr. Stephen eral on the retired list; to the Committee on Mexico; to the Committee on Banking, Hous- Rademaker of McLean, Virginia, to the Armed Services. ing, and Urban Affairs. EC–6137. A communication from the Under EC–6150. A communication from the Chair- Commission on the Prevention of Secretary of Defense (Personnel and Readi- Weapons of Mass Destruction Prolifera- man and President, Export-Import Bank of ness), transmitting a report on the approved the United States, transmitting, pursuant to tion and Terrorism. retirement of Lieutenant General Chris- law, a report relative to an export to Mexico; The message further announced that topher A. Kelly, United States Air Force, to the Committee on Banking, Housing, and the House agrees to the amendment of and his advancement to the grade of lieuten- Urban Affairs. the Senate to the title of the bill (H.R. ant general on the retired list; to the Com- EC–6151. A communication from the Sec- 3221) moving the United States toward mittee on Armed Services. retary of the Treasury, transmitting, pursu- greater energy independence and secu- EC–6138. A communication from the Under ant to law, a six-month periodic report on Secretary of Defense (Personnel and Readi- rity, developing innovative new tech- the national emergency with respect to sta- ness), transmitting a report on the approved bilization of Iraq that was declared in Execu- nologies, reducing carbon emissions, retirement of Vice Admiral Kevin J. tive Order 13303 of May 22, 2003; to the Com- creating green jobs, protecting con- Cosgriff, United States Navy, and his ad- mittee on Banking, Housing, and Urban Af- sumers, increasing clean renewable en- vancement to the grade of vice admiral on fairs. ergy production, and modernizing our the retired list; to the Committee on Armed EC–6152. A communication from the Gen- energy infrastructure, and to amend Services. eral Counsel, Department of Housing and the Internal Revenue Code of 1986 to EC–6139. A communication from the Sec- Urban Development, transmitting, pursuant provide tax incentives for the produc- retary of Defense, transmitting a report on to law, the report of the designation of an the approved retirement of Vice Admiral tion of renewable energy and energy acting officer for the position of Secretary, Mark J . Edwards, United States Navy, and received on May 7, 2008; to the Committee on conservation, with amendments, in his advancement to the grade of vice admiral Banking, Housing, and Urban Affairs. which it requests the concurrence of on the retired list; to the Committee on EC–6153. A communication from the Chief the Senate. Armed Services. Counsel, Federal Emergency Management

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.017 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4105 Agency, Department of Homeland Security, EC–6163. A communication from the Dep- ‘‘Approval and Promulgation of State Imple- transmitting, pursuant to law, the report of uty Assistant Administrator for Regulatory mentation Plans; States of South Dakota a rule entitled ‘‘Changes in Flood Elevation Programs, National Marine Fisheries Serv- and Wyoming; Interstate Transport of Pollu- Determinations’’ (73 FR 20807) received on ice, Department of Commerce, transmitting, tion’’ (FRL No. 8563–6) received on May 7, May 2, 2008; to the Committee on Banking, pursuant to law, the report of a rule entitled 2008; to the Committee on Environment and Housing, and Urban Affairs. ‘‘Postponement of Effective Date of Portions Public Works. EC–6154. A communication from the Dep- of Amendment 11 to the Atlantic Sea Scallop EC–6174. A communication from the Chief uty Assistant Administrator for Operations, Fishery Management Plan’’ (RIN0648–AU32) of the Publications and Regulations Branch, National Marine Fisheries Service, Depart- received on May 12, 2008; to the Committee Internal Revenue Service, Department of the ment of Commerce, transmitting, pursuant on Commerce, Science, and Transportation. Treasury, transmitting, pursuant to law, the to law, the report of a rule entitled ‘‘Final EC–6164. A communication from the Dep- report of a rule entitled ‘‘Update of Weighted Rule for Amendment 11 to the Atlantic Sea uty Assistant Administrator for Regulatory Average Interest Rates, Yield Curves, and Scallop Fishery Management Plan’’ Programs, National Marine Fisheries Serv- Segment Rates’’ (Notice 2008–50) received on (RIN0648–AU32) received on May 12, 2008; to ice, Department of Commerce, transmitting, May 12, 2008; to the Committee on Finance. the Committee on Commerce, Science, and pursuant to law, the report of a rule entitled EC–6175. A communication from the Chief Transportation. ‘‘Framework Adjustment 5 to the Monkfish of the Publications and Regulations Branch, EC–6155. A communication from the Direc- Fishery Management Plan’’ (RIN0648–AW33) Internal Revenue Service, Department of the tor, Office of Sustainable Fisheries, Depart- received on May 12, 2008; to the Committee Treasury, transmitting, pursuant to law, the ment of Commerce, transmitting, pursuant on Commerce, Science, and Transportation. report of a rule entitled ‘‘Amendment to to law, the report of a rule entitled ‘‘Closure EC–6165. A communication from the Dep- Transfers of Assets or Stock Following a Re- of the Recreational Red Snapper Fishery in uty Assistant Administrator for Regulatory organization’’ ((RIN1545–BH52)(TD 9396)) re- the Gulf of Mexico’’ (RIN0648–XG40) received Programs, National Marine Fisheries Serv- ceived on May 12, 2008; to the Committee on on May 12, 2008; to the Committee on Com- ice, Department of Commerce, transmitting, Finance. merce, Science, and Transportation. pursuant to law, the report of a rule entitled EC–6176. A communication from the Assist- EC–6156. A communication from the Direc- ‘‘Fisheries Off West Coast States and in the ant Secretary, Office of Legislative Affairs, tor, Office of Sustainable Fisheries, Depart- Western Pacific; West Coast Salmon Fish- Department of State, transmitting, pursuant ment of Commerce, transmitting, pursuant eries; 2008 Management Measures and a Tem- to law, the certification of an application for a license for the export of defense articles to to law, the report of a rule entitled ‘‘With- porary Rule for Emergency Action’’ India to provide Operational Support and drawal of Inseason Trip Limit Reduction for (RIN0648–AW60) received on May 12, 2008; to Maintenance of F404 Aircraft Engines; to the the Commercial Fishery for Golden Tilefish the Committee on Commerce, Science, and for the 2008 Fishing Year’’ (RIN0648–XG34) re- Committee on Foreign Relations. Transportation. EC–6177. A communication from the Direc- ceived on May 12, 2008; to the Committee on EC–6166. A communication from the Dep- tor, Office of Standards, Regulations and Commerce, Science, and Transportation. uty Assistant Administrator for Regulatory Variations, Department of Labor, transmit- EC–6157. A communication from the Acting Programs, National Marine Fisheries Serv- ting, pursuant to law, the report of a rule en- Administrator for Fisheries, National Ma- ice, Department of Commerce, transmitting, rine Fisheries Service, Department of Com- titled ‘‘Sealing of Abandoned Areas’’ pursuant to law, the report of a rule entitled (RIN1219–AB52) received on May 12, 2008; to merce, transmitting, pursuant to law, the re- ‘‘Final List of Fisheries for 2008’’ (RIN0648– the Committee on Health, Education, Labor, port of a rule entitled ‘‘Approval of Georges AV54) received on May 12, 2008; to the Com- and Pensions. Bank Cod Fixed Gear Sector Operations Plan mittee on Commerce, Science, and Transpor- EC–6178. A communication from the Com- and Agreement, and Allocation of GB Cod tation . missioner of Food and Drugs, Department of Total Allowable Catch’’ (RIN0648–AW17) re- EC–6167. A communication from the Chair- Health and Human Services, transmitting, ceived on May 12, 2008; to the Committee on man, Federal Energy Regulatory Commis- pursuant to law, a report relative to a study Commerce, Science, and Transportation. sion, transmitting, pursuant to law, the on the inclusion of toll-free adverse event re- EC–6158. A communication from the Acting Commission’s annual report for calendar porting numbers in advertisements; to the Director, Office of Sustainable Fisheries, De- year 2007; to the Committee on Energy and Committee on Health, Education, Labor, and partment of Commerce, transmitting, pursu- Natural Resources. Pensions. ant to law, the report of a rule entitled EC–6168. A communication from the Chair- EC–6179. A communication from the Ad- ‘‘Fisheries of the Economic Exclusive Zone man, Defense Nuclear Facilities Safety ministrator, Office of Foreign Labor Certifi- Off Alaska; Deep-Water Species Fishery by Board, transmitting, pursuant to law, the cation, Employment and Training Adminis- Vessels Using Trawl Gear in the Gulf of Alas- Board’s Annual Report relative to its health tration, Department of Labor, transmitting, ka’’ (RIN0648–XH35) received on May 12, 2008; and safety activities during calendar year pursuant to law, the report of a rule entitled to the Committee on Commerce, Science, 2007; to the Committee on Energy and Nat- ‘‘Labor Condition Applications for E-3 Visas and Transportation. ural Resources. in Specialty Occupations for Australian Non- EC–6159. A communication from the Acting EC–6169. A communication from the Chair- immigrants’’ (RIN1205–AB43) received on Director, Office of Sustainable Fisheries, De- man, Nuclear Regulatory Commission, trans- May 12, 2008; to the Committee on Health, partment of Commerce, transmitting, pursu- mitting, pursuant to law, a quarterly report Education, Labor, and Pensions. ant to law, the report of a rule entitled relative to the status of the Commission’s li- EC–6180. A communication from the Ad- ‘‘Fisheries of the Economic Exclusive Zone censing and regulatory duties; to the Com- ministrator, Office of Workforce Security, Off Alaska; Pacific Cod in the Bering Sea and mittee on Environment and Public Works. Department of Labor, transmitting, pursu- Aleutian Islands’’ (RIN0648–XH36) received EC–6170. A communication from the Assist- ant to law, the report of a rule entitled on May 12, 2008; to the Committee on Com- ant Secretary of the Army (Civil Works), ‘‘Publication of UIPL 9–08 in the Federal merce, Science, and Transportation. transmitting, pursuant to law, a report rel- Register’’ (UIPL–9–08) received on May 12, EC–6160. A communication from the Direc- ative to the status of the reports of the Chief 2008; to the Committee on Health, Education, tor, Office of Sustainable Fisheries, Depart- of Engineers that have not received rec- Labor, and Pensions. ment of Commerce, transmitting, pursuant ommendations from the Secretary yet; to EC–6181. A communication from the Direc- to law, the report of a rule entitled ‘‘Pacific the Committee on Environment and Public tor, Regulations Policy and Management Coast Groundfish; Biennial Specifications Works. Staff, Department of Health and Human and Management Measures; Inseason Adjust- EC–6171. A communication from the Assist- Services, transmitting , pursuant to law, the ments’’ (RIN0648–AW58) received on May 12, ant Secretary of Commerce (Legislative and report of a rule entitled ‘‘Use of Materials 2008; to the Committee on Commerce, Intergovernmental Affairs), transmitting a Derived from Cattle in Human Food and Cos- Science, and Transportation. draft bill entitled, ‘‘Economic Development metics’’ ((RIN0910–AF47)(Docket No. 2004N– EC–6161. A communication from the Acting Administration Reauthorization Act of 0081)) received on May 7, 2008; to the Com- Director, Office of Sustainable Fisheries, De- 2008’’; to the Committee on Environment and mittee on Health, Education, Labor, and partment of Commerce, transmitting, pursu- Public Works. Pensions. ant to law, the report of a rule entitled ‘‘Trip EC–6172. A communication from the Direc- EC–6182. A communication from the Ad- Limit Reduction for Georges Bank tor, Regulatory Management Division, Envi- ministrator, Office of Workforce Security, Yellowtail Flounder in the U.S./Canada Man- ronmental Protection Agency, transmitting, Department of Labor, transmitting, pursu- agement Area’’ (RIN0648–XH45) received on pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled May 12, 2008; to the Committee on Com- ‘‘Control of Hazardous Air Pollutants from ‘‘Publication of UIPL 14–08 in the Federal merce, Science, and Transportation. Mobile Sources: Early Credit Technology Re- Register’’ (UIPL 14–08) received on May 12, EC–6162. A communication from the Acting quirement Revision’’ ((RIN2060–AO89)(FRL 2008; to the Committee on Health, Education, Director, Office of Sustainable Fisheries, De- No. 8564–3)) received on May 7, 2008; to the Labor, and Pensions. partment of Commerce, transmitting, pursu- Committee on Environment and Public EC–6183. A communication from the Gen- ant to law, the report of a rule entitled ‘‘Clo- Works. eral Counsel, Office of Compliance, transmit- sure of Tilefish Permit Category C to Di- EC–6173. A communication from the Direc- ting, pursuant to law, two reports on Occu- rected Tilefish Fishing’’ (RIN0648–XF92) re- tor, Regulatory Management Division, Envi- pational Safety and Health Inspections; to ceived on May 12, 2008; to the Committee on ronmental Protection Agency, transmitting, the Committee on Homeland Security and Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled Governmental Affairs.

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.022 S13MYPT1 smartinez on PROD1PC64 with SENATE S4106 CONGRESSIONAL RECORD — SENATE May 13, 2008 EC–6184. A communication from the Sec- expand the boundaries of the historic site, enforcement officers during internal retary of Commerce, transmitting a draft and for other purposes; to the Committee on investigations, interrogation of law en- bill relative to the 2010 Decennial Census; to Energy and Natural Resources. forcement officers, and administrative the Committee on Homeland Security and By Mr. LEAHY (for himself, Mr. SPEC- disciplinary hearings, to ensure ac- Governmental Affairs. TER, Ms. MIKULSKI, Mr. SHELBY, Mr. countability of law enforcement offi- EC–6185. A communication from the Dep- HATCH, and Mr. OBAMA): uty General Counsel and Designated Report- S. 3012. A bill to amend title I of the Omni- cers, to guarantee the due process ing Official, Office of National Drug Control bus Crime Control and Safe Streets Act of rights of law enforcement officers, and Policy, Executive Office of the President, 1968 to extend the authorization of the Bul- to require States to enact law enforce- transmitting, pursuant to law, the report of letproof Vest Partnership Grant Program ment discipline, accountability, and the designation of an acting officer for the through fiscal year 2012; to the Committee due process laws. position of Deputy Director for State, Local on the Judiciary. S. 675 and Tribal Affairs, received on May 12 , 2008; By Mr. AKAKA (for himself, Mr. STE- At the request of Mr. HARKIN, the to the Committee on the Judiciary. VENS, Mr. INOUYE, and Ms. MUR- names of the Senator from Wisconsin EC–6186. A communication from the White KOWSKI): House Liaison, Department of Justice, trans- S. 3013. A bill to provide for retirement eq- (Mr. FEINGOLD) and the Senator from mitting, pursuant to law, the report of a uity for Federal employees in nonforeign Montana (Mr. TESTER) were added as change in previously submitted reported in- areas outside the 48 contiguous States and cosponsors of S. 675, a bill to provide formation for the position of U.S. Attorney the District of Columbia, and for other pur- competitive grants for training court (Southern District of Indiana), received on poses; to the Committee on Homeland Secu- reporters and closed captioners to meet May 12, 2008; to the Committee on the Judi- rity and Governmental Affairs. requirements for realtime writers ciary. By Mr. GRASSLEY (for himself, Mr. EC–6187. A communication from the Prin- under the Telecommunications Act of KYL, and Mr. VITTER): 1996, and for other purposes. cipal Deputy Under Secretary (Policy), S. 3014. A bill to amend title 18, United transmitting, pursuant to law, a report rel- States Code, to strengthen penalties for S. 799 ative to National Guard Counterdrug child pornography offenses, child sex traf- At the request of Mr. HARKIN, the Schools Activities; to the Committee on the ficking offenses, and other sexual offenses name of the Senator from Kansas (Mr. Judiciary. committed against children; to the Com- ROBERTS) was added as a cosponsor of EC–6188. A communication from the White mittee on the Judiciary. S. 799, a bill to amend title XIX of the House Liaison, Department of Justice, trans- By Mr. SCHUMER (for himself, Mr. Social Security Act to provide individ- mitting, pursuant to law, the report of a DORGAN, Mr. CASEY, Ms. KLOBUCHAR, uals with disabilities and older Ameri- nomination for the position of Assistant At- and Mr. SANDERS): torney General, received on May 12, 2008; to cans with equal access to community- S.J. Res. 32. A joint resolution limiting the based attendant services and supports, the Committee on the Judiciary. issuance of a letter of offer with respect to a EC–6189. A communication from the White certain proposed sale of defense articles and and for other purposes. House Liaison, Department of Justice, trans- defense services to the Kingdom of Saudi S. 1102 mitting, pursuant to law, the report of the Arabia; read the first time. At the request of Mr. SMITH, the designation of an acting officer for the posi- name of the Senator from Maine (Ms. tion of U.S. Marshal (Eastern District of f Wisconsin), received on May 12, 2008; to the COLLINS) was added as a cosponsor of S. Committee on the Judiciary. SUBMISSION OF CONCURRENT AND 1102, a bill to amend title XVIII of the EC–6190. A communication from the Prin- SENATE RESOLUTIONS Social Security Act to expedite the ap- cipal Deputy Assistant Attorney General, Of- The following concurrent resolutions plication and eligibility process for fice of Legislative Affairs, Department of and Senate resolutions were read, and low-income subsidies under the Medi- Justice, transmitting, pursuant to law, the referred (or acted upon), as indicated: care prescription drug program and to Annual Report of the Office of Community revise the resource standards used to By Mr. ALLARD (for himself, Mr. Oriented Policing Services for fiscal year determine eligibility for an income-re- 2007; to the Committee on the Judiciary. SALAZAR, Mr. BENNETT, Mr. CRAPO, EC–6191. A communication from the Direc- Mr. HAGEL, and Mr. NELSON of Ne- lated subsidy, and for other purposes. tor of Regulations Management, Office of braska): At the request of Mr. BINGAMAN, the Small and Disadvantaged Business Utiliza- S. Res. 561. A resolution commemorating name of the Senator from New York tion, Department of Veterans Affairs, trans- the 50th anniversary of the North American (Mr. SCHUMER) was added as a cospon- mitting, pursuant to law, the report of a rule Aerospace Defense Command; considered and sor of S. 1102, supra. entitled ‘‘VA Veteran-Owned Small Business agreed to. S. 1107 Verification Guidelines’’ (RIN2900–AM78) re- By Ms. MURKOWSKI (for herself, Mr. At the request of Mr. SMITH, the ceived on May 12, 2008; to the Committee on BIDEN, Mr. BROWN, Mr. MENENDEZ, name of the Senator from New Jersey Small Business and Entrepreneurship. Ms. MIKULSKI, Mr. CRAIG, Mr. (Mr. MENENDEZ) was added as a cospon- EC–6192. A communication from the Dep- WHITEHOUSE, Mr. BAUCUS, Mr. DODD, uty General Counsel, Small Business Admin- Mrs. FEINSTEIN, Mr. INOUYE, Mr. LAU- sor of S. 1107, a bill to amend title istration, transmitting, pursuant to law, the TENBERG, Mrs. LINCOLN, Mr. NELSON XVIII of the Social Security Act to re- report of a rule entitled ‘‘Seal and Insignia’’ of Florida, Mr. PRYOR, Mr. SMITH, duce cost-sharing under part D of such (RIN3245–AF68) received on April 29, 2008; to Ms. STABENOW, Mr. STEVENS, Mr. title for certain non-institutionalized the Committee on Small Business and Entre- TESTER, and Mr. THUNE): full-benefit dual eligible individuals. preneurship. S. Res. 562. A resolution honoring Concerns S. 1186 EC–6193. A communication from the Direc- of Police Survivors as the organization be- At the request of Mr. FEINGOLD, the tor, Regulations Management, Department gins its 25th year of service to family mem- of Veterans Affairs, transmitting, pursuant bers of law enforcement officers killed in the name of the Senator from Oklahoma to law, the report of a rule entitled ‘‘Provi- line of duty; considered and agreed to. (Mr. COBURN) was added as a cosponsor sion of Hospital Care and Medical Services By Mr. ALLARD (for himself and Mrs. of S. 1186, a bill to amend the Congres- During Certain Disasters or Emergencies’’ CLINTON): sional Budget and Impoundment Con- (RIN2900–AM40) received on May 12, 2008; to S. Res. 563. A resolution designating Sep- trol Act of 1974 to provide for the expe- the Committee on Veterans’ Affairs. tember 13, 2008, as ‘‘National Childhood Can- dited consideration of certain proposed f cer Awareness Day’’; to the Committee on rescissions of budget authority. the Judiciary. INTRODUCTION OF BILLS AND S. 1332 JOINT RESOLUTIONS f At the request of Mr. KENNEDY, the name of the Senator from Illinois (Mr. ADDITIONAL COSPONSORS The following bills and joint resolu- DURBIN) was added as a cosponsor of S. tions were introduced, read the first S. 449 1332, a bill to amend the Public Health and second times by unanimous con- At the request of Mr. BIDEN, the Service Act to revise and extend sent, and referred as indicated: name of the Senator from Minnesota projects relating to children and vio- By Mr. DOMENICI: (Mr. COLEMAN) was added as a cospon- lence to provide access to school-based S. 3010. A bill to reauthorize the Route 66 sor of S. 449, a bill to amend title I of comprehensive mental health pro- Corridor Preservation Program; to the Com- grams. mittee on Energy and Natural Resources. the Omnibus Crime Control and Safe By Mr. CORNYN: Streets Act of 1968 to provide standards S. 1376 S. 3011. A bill to amend the Palo Alto Bat- and procedures to guide both State and At the request of Mr. BINGAMAN, the tlefield National Historic Site Act of 1991 to local law enforcement agencies and law name of the Senator from Hawaii (Mr.

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S. 2188, a bill to amend title XVIII of ance Program and on finalization of a 1376, a bill to amend the Public Health the Social Security Act to establish a rule regarding graduate medical edu- Service Act to revise and expand the prospective payment system instead of cation under Medicaid and to include a drug discount program under section the reasonable cost-based reimburse- moratorium on the finalization of the 340B of such Act to improve the provi- ment method for Medicare-covered outpatient Medicaid rule making simi- sion of discounts on drug purchases for services provided by Federally quali- lar changes. certain safety net provides. fied health centers and to expand the S. 2465 S. 1437 scope of such covered services to ac- At the request of Mr. KENNEDY, the At the request of Ms. STABENOW, the count for expansions in the scope of name of the Senator from South Da- names of the Senator from Tennessee services provided by Federally quali- kota (Mr. THUNE) was added as a co- (Mr. ALEXANDER) and the Senator from fied health centers since the inclusion sponsor of S. 2465, a bill to amend title North Carolina (Mrs. DOLE) were added of such services for coverage under the XIX of the Social Security Act to in- as cosponsors of S. 1437, a bill to re- Medicare Program. clude all public clinics for the distribu- quire the Secretary of the Treasury to S. 2300 tion of pediatric vaccines under the mint coins in commemoration of the At the request of Mr. KERRY, the Medicaid program. semicentennial of the enactment of the name of the Senator from Alaska (Mr. S. 2505 Civil Rights Act of 1964. STEVENS) was added as a cosponsor of At the request of Ms. CANTWELL, the name of the Senator from Michigan S. 1906 S. 2300, a bill to improve the Small (Mr. LEVIN) was added as a cosponsor of At the request of Mr. BAUCUS, the Business Act, and for other purposes. S. 2314 S. 2505, a bill to allow employees of a name of the Senator from Minnesota commercial passenger airline carrier (Ms. KLOBUCHAR) was added as a co- At the request of Mr. SALAZAR, the names of the Senator from New Hamp- who receive payments in a bankruptcy sponsor of S. 1906, a bill to understand proceeding to roll over such payments and comprehensively address the oral shire (Mr. SUNUNU), the Senator from Maine (Ms. SNOWE) and the Senator into an individual retirement plan, and health problems associated with meth- for other purposes. amphetamine use. from New Mexico (Mr. DOMENICI) were added as cosponsors of S. 2314, a bill to S. 2579 S. 1907 amend the Internal Revenue Code of At the request of Mr. INOUYE, the At the request of Mr. BAUCUS, the 1986 to make geothermal heat pump names of the Senator from Ohio (Mr. name of the Senator from Minnesota systems eligible for the energy credit BROWN), the Senator from Illinois (Mr. (Ms. KLOBUCHAR) was added as a co- and the residential energy efficient DURBIN), the Senator from Idaho (Mr. sponsor of S. 1907, a bill to amend title property credit, and for other purposes. CRAIG), the Senator from New Jersey I of the Omnibus Crime Control and (Mr. LAUTENBERG), the Senator from S. 2389 Safe Streets Act of 1968 to understand New Mexico (Mr. BINGAMAN), the Sen- At the request of Mr. KERRY, the and comprehensively address the in- ator from Utah (Mr. BENNETT), the name of the Senator from Illinois (Mr. mate oral health problems associated Senator from Georgia (Mr. CHAMBLISS), DURBIN) was added as a cosponsor of S. with methamphetamine use, and for the Senator from Kansas (Mr. ROB- 2389, a bill to amend the Internal Rev- other purposes. ERTS) and the Senator from Mississippi enue Code of 1986 to increase the alter- S. 2059 (Mr. WICKER) were added as cosponsors native minimum tax credit amount for of S. 2579, a bill to require the Sec- At the request of Mrs. CLINTON, the individuals with long-term unused name of the Senator from Illinois (Mr. retary of the Treasury to mint coins in credits for prior year minimum tax li- recognition and celebration of the es- DURBIN) was added as a cosponsor of S. ability, and for other purposes. 2059, a bill to amend the Family and tablishment of the United States Army S. 2414 Medical Leave Act of 1993 to clarify the in 1775, to honor the American soldier At the request of Mr. ENSIGN, the eligibility requirements with respect of both today and yesterday, in war- name of the Senator from Iowa (Mr. to airline flight crews. time and in peace, and to commemo- GRASSLEY) was added as a cosponsor of rate the traditions, history, and herit- S. 2102 S. 2414, a bill to amend title XVIII of age of the United States Army and its At the request of Mr. BINGAMAN, the the Social Security Act to require role in American society, from the co- names of the Senator from Rhode Is- wealthy beneficiaries to pay a greater lonial period to today. land (Mr. WHITEHOUSE), the Senator share of their premiums under the S. 2585 from Maine (Ms. COLLINS) and the Sen- Medicare prescription drug program. At the request of Mr. HARKIN, the ator from New Jersey (Mr. MENENDEZ) S. 2433 name of the Senator from Montana were added as cosponsors of S. 2102, a At the request of Ms. MIKULSKI, her (Mr. TESTER) was added as a cosponsor bill to amend title II of the Social Se- name was added as a cosponsor of S. of S. 2585, a bill to provide for the en- curity Act to phase out the 24-month 2433, a bill to require the President to hancement of the suicide prevention waiting period for disabled individuals develop and implement a comprehen- programs of the Department of De- to become eligible for Medicare bene- sive strategy to further the United fense, and for other purposes. fits, to eliminate the waiting period for States foreign policy objective of pro- S. 2619 individuals with life-threatening condi- moting the reduction of global poverty, At the request of Mr. COBURN, the tions, and for other purposes. the elimination of extreme global pov- name of the Senator from Arizona (Mr. S. 2154 erty, and the achievement of the Mil- MCCAIN) was added as a cosponsor of S. At the request of Mr. JOHNSON, the lennium Development Goal of reducing 2619, a bill to protect innocent Ameri- name of the Senator from Michigan by one-half the proportion of people cans from violent crime in national (Mr. LEVIN) was added as a cosponsor of worldwide, between 1990 and 2015, who parks. S. 2154, a bill to amend the Social Secu- live on less than $1 per day. S. 2645 rity Act and the Internal Revenue Code At the request of Mr. OBAMA, the At the request of Mr. STEVENS, the of 1986 to exempt certain employment name of the Senator from Maine (Ms. names of the Senator from Alaska (Ms. as a member of a local governing COLLINS) was added as a cosponsor of S. MURKOWSKI) and the Senator from board, commission, or committee from 2433, supra. Maine (Ms. COLLINS) were added as co- social security tax coverage. S. 2460 sponsors of S. 2645, a bill to require the S. 2188 At the request of Mr. BINGAMAN, the Commandant of the Coast Guard, in At the request of Mr. BINGAMAN, the name of the Senator from Maine (Ms. consultation with the Under Secretary names of the Senator from Massachu- COLLINS) was added as a cosponsor of S. of Commerce for Oceans and Atmos- setts (Mr. KERRY), the Senator from 2460, a bill to extend by one year the phere, to conduct an evaluation and re- New Jersey (Mr. LAUTENBERG), the Sen- moratorium on implementation of a view of certain vessel discharges. ator from Michigan (Ms. STABENOW) rule relating to the Federal-State fi- S. 2666 and the Senator from Washington (Ms. nancial partnership under Medicaid At the request of Ms. CANTWELL, the CANTWELL) were added as cosponsors of and the State Children’s Health Insur- names of the Senator from New York

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.028 S13MYPT1 smartinez on PROD1PC64 with SENATE S4108 CONGRESSIONAL RECORD — SENATE May 13, 2008 (Mr. SCHUMER) and the Senator from flood insurance fund, and for other pur- grams, and making grants. Since 1990, Maine (Ms. COLLINS) were added as co- poses. the Park Service has acted as a clear- sponsors of S. 2666, a bill to amend the At the request of Mrs. HUTCHISON, her inghouse for communication among Internal Revenue Code of 1986 to en- name was added as a cosponsor of Federal, State, local, private and courage investment in affordable hous- amendment No. 4737 proposed to S. American Indian entities interested in ing, and for other purposes. 2284, supra. the preservation of America’s Main S. 2719 At the request of Mr. REID, the Street. Congresswoman HEATHER WIL- At the request of Mrs. DOLE, the names of the Senator from Virginia SON of Albuquerque, New Mexico, has name of the Senator from South Da- (Mr. WEBB), the Senator from Arkansas introduced a similar bill in the House kota (Mr. THUNE) was added as a co- (Mr. PRYOR) and the Senator from of Representatives, and I hope Congress sponsor of S. 2719, a bill to provide that North Carolina (Mrs. DOLE) were added will act promptly in passing this im- Executive Order 13166 shall have no as cosponsors of amendment No. 4737 portant legislation. force or effect, and to prohibit the use proposed to S. 2284, supra. I thank my colleagues for consid- of funds for certain purposes. f ering the Route 66 Corridor Preserva- tion Reauthorization Act. S. 2860 STATEMENTS ON INTRODUCED Mr. President, I ask unanimous con- At the request of Mr. CASEY, the BILLS AND JOINT RESOLUTIONS sent that the text of the bill be printed name of the Senator from Florida (Mr. By Mr. DOMENICI: in the RECORD. NELSON) was added as a cosponsor of S. S. 3010. A bill to reauthorize the S. 3010 2860, a bill to diminish predatory lend- Route 66 Corridor Preservation Pro- There being no objection, the text of ing by enhancing appraisal quality and gram; to the Committee on Energy and the bill was ordered to be printed in standards, to improve appraisal over- Natural Resources. the RECORD, as follows: sight, to ensure mortgage appraiser Mr. DOMENICI. Mr. President, today Be it enacted by the Senate and House of Rep- independence, to provide for enhanced I rise to introduce legislation to con- resentatives of the United States of America in remedies and enforcement, and for tinue the restoration and preservation Congress assembled, other purposes. of the unique cultural resources along SECTION 1. SHORT TITLE. S. 2899 the famous Route 66. Passage of the This Act may be cited as the ‘‘Route 66 Corridor Preservation Program Reauthoriza- At the request of Mr. HARKIN, the Route 66 Corridor Preservation Reau- tion Act’’. name of the Senator from Montana thorization Act would carry on the SEC. 2. ROUTE 66 CORRIDOR PRESERVATION (Mr. TESTER) was added as a cosponsor wonderful work of the Park Service’s PROGRAM. of S. 2899, a bill to direct the Secretary Route 66 program over the past decade. Section 4 of Public Law 106–45 (16 U.S.C. 461 of Veterans Affairs to conduct a study As in the past, I am joined in this ef- note; 113 Stat. 226) is amended by striking on suicides among veterans. fort by my colleague from New Mexico, ‘‘2009’’ and inserting ‘‘2019’’. S. 2912 Senator BINGAMAN. By Mr. LEAHY (for himself, Mr. AUTENBERG In 1990, I introduced the Route 66 At the request of Mr. L , SPECTER, Ms. MIKULSKI, Mr. Study Act, which directed the National the names of the Senator from Hawaii SHELBY, Mr. HATCH, and Mr. KAKA Park Service to determine the best (Mr. A ) and the Senator from Cali- OBAMA): fornia (Mrs. FEINSTEIN) were added as ways to preserve, commemorate and S. 3012. A bill to amend title I of the cosponsors of S. 2912, a bill to amend interpret Route 66. As a result of that Omnibus Crime Control and Safe title 18, United States Code, to prohibit study, I later introduced legislation au- Streets Act of 1968 to extend the au- certain interstate conduct relating to thorizing the National Park Service to thorization of the Bulletproof Vest exotic animals. join with Federal, State and private ef- Partnership Grant Program through S. 2921 forts to preserve various aspects of his- fiscal year 2012; to the Committee on At the request of Mrs. CLINTON, the toric Route 66, the Nation’s most im- the Judiciary. name of the Senator from North Caro- portant thoroughfare for east-west mi- Mr. LEAHY. Mr. President, I am lina (Mrs. DOLE) was added as a cospon- gration during the 20th century. proud to introduce a bill today to reau- sor of S. 2921, a bill to require pilot pro- The Route 66 program is a collective thorize the Bulletproof Vest Partner- grams on training and certification for effort by private property owners; non- ship Grant Act for 3 years, through family caregiver personal care attend- profit organizations; and local, State, 2012. This legislation has enjoyed ants for veterans and members of the Federal, and tribal governments to strong bipartisan support in Congress Armed Forces with traumatic brain in- identify and address preservation needs since it was enacted in 1998, and I jury, to require a pilot program on pro- along the historic route. The program thank Senators SPECTER, MIKULSKI, vision of respite care to such veterans offers grants for the restoration of sig- SHELBY and HATCH for joining me in to- and members, and for other purposes. nificant properties dating all the way day’s introduction. I am also glad to be back to the mid 1920s. S. RES. 520 joined by Congressmen VISCLOSKY who The bill authorizes funding over 10 will introduce this bill in the House of At the request of Mrs. FEINSTEIN, the years and supports grassroots efforts to names of the Senator from Rhode Is- Representatives today as well. preserve aspects of this historic high- Since 1999, the Bureau of Justice As- land (Mr. WHITEHOUSE) and the Senator way. Designated in 1926, the 2,200-mile sistance at the Department of Justice from New Jersey (Mr. LAUTENBERG) stretch from Chicago to Santa Monica, has distributed $234 million to State were added as cosponsors of S. Res. 520, California, the Mother Road, as it was and local jurisdictions. Those grants a resolution designating May 16, 2008, called, rolled through eight American have resulted in the purchase of an es- as ‘‘Endangered Species Day’’. states, and in New Mexico, it passed timated 818,000 vests. Since its enact- S. RES. 559 through the communities of ment, over 11,900 State and local juris- At the request of Mr. GRAHAM, the Tucumcari, Santa Rosa, Albuquerque, dictions have participated in this pro- names of the Senator from Alaska (Ms. Grants and Gallup. New Mexico added gram. Congress can be proud of the fact MURKOWSKI) and the Senator from to the aura of Route 66, giving new gen- that this legislation has directly pro- Washington (Ms. CANTWELL) were erations of Americans their first expe- vided life-saving equipment to so many added as cosponsors of S. Res. 559, a rience of our colorful culture and rich law enforcement officers. I know that resolution designating May 15, 2008, as heritage. Route 66 allowed travelers to when State and local jurisdictions re- ‘‘National MPS Awareness Day’’. see firsthand previously remote areas ceive the matching grants through this AMENDMENT NO. 4737 and experience the traditions and nat- program, their budgets can go farther At the request of Mr. DOMENICI, his ural beauty of the Southwest and West. in fighting crime in their communities. name was added as a cosponsor of The bill authorizes the National Park Today, the Senate Judiciary Com- amendment No. 4737 proposed to S. Service to support State, local and pri- mittee held a hearing on the impor- 2284, an original bill to amend the Na- vate efforts to preserve the Route 66 tance of the Bulletproof Vest Partner- tional Flood Insurance Act of 1968, to corridor by providing technical assist- ship Program. We heard from a law en- restore the financial solvency of the ance, participating in cost-sharing pro- forcement officer who was shot in the

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.030 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4109 chest at pointblank range during an their retirement due to a lack of local- Knowing of the growing interest in auto theft investigation. He lived to ity pay. Federal workers in those areas this proposal, I sent staff from my Fed- tell the committee and others his may receive a nonforeign cost of living eral Workforce Subcommittee to Ha- story, thanks to the bulletproof vest he allowance, COLA, based on the dif- waii last July to meet with employees was wearing. In my home state of ferences in the cost of living between and hear their questions and concerns Vermont, the program has allowed the those areas and the District off Colum- about the Administration’s proposal. Vermont police to purchase over 350 bia, but this amount does not count for Based on the questions and comments I sets of armor in the last 10 years. The retirement purposes. Furthermore, have received, I submitted questions to program has had a tremendous impact while locality rates generally increase, OPM and other Federal agencies to ob- on the ability of States and localities nonforeign COLAs have been gradually tain additional information. I also to give our law enforcement officers declining. This lack of retirement eq- posted information on the Administra- the protection they deserve while serv- uity has resulted, in several lawsuits tion’s proposal on my website, a link to ing the needs of our communities. against the Federal Government and a calculator created by OPM for Fed- As a Nation, we ask much of our law hinders efforts to recruit and retain eral employees to determine exactly enforcement officers. Men and women Federal workers in those areas. how their pay and retirement will be who serve face constant and unknown On August 17, 2000, the U.S. District impacted by the proposal, and the risks, and too often make the ultimate Court of the Virgin Islands approved agencies’ response to my questions. sacrifice. During this week in Wash- the settlement of Caraballo v. United Since then, I have received numerous ington, law enforcement officers from States, which was a class-action law- letters and phone calls from constitu- around the country will remember suit in which employees in the nonfor- ents and Federal employees in the non- those officers who died in the line of eign areas contested the methodology foreign areas about this issue. While duty while protecting their fellow citi- used by the Office of Personnel Man- there are still divergent views on this zens. Unfortunately, an ongoing trend agement to determine COLA rates. proposal, the vast majority of employ- of rising violent crime in the U.S. un- However, on January 30, 2008, Judge ees who I have heard from are sup- derscores the continuing need of this Phillip M. Pro in the U.S. District portive of a change to locality pay. program that has had such a positive Court in Honolulu ruled against the The legislation I introduce today is a impact on the safety of law enforce- Federal employees in Matsuo v. the Of- collective effort of Senators STEVENS, ment officers. Reauthorizing and fund- fice of Personnel Management, which INOUYE, MURKOWSKI, and myself to find ing this program is the right thing to held that excluding Alaska and Hawaii an equitable solution to a difficult and do, and it is something I hope all Sen- from locality pay did not violate the divided issue. The Non-Foreign Area ators will support. Every additional of- equal protection clause and sub- Retirement Equity Assurance Act is ficer who is able to put on a vest today stantive due process under the Fifth not to be seen as the last word, only as a result of this grant program means Amendment. Judge Pro acknowledged the latest step forward toward deter- that one more officer may survive a the disparity in his ruling saying that mining the best way to ensure retire- violent attack. Protecting the men and Congress ‘‘discharged its legislative re- ment equity for Federal workers in the women who protect all Americans sponsibilities imperfectly’’ and rec- nonforeign areas. Our bill seeks to pro- should be a priority for Congress and ommended that Congress ‘‘correct the vide answers to the questions raised by we have a chance to advance that pri- incongruity made so evident by this the administration’s proposal and to ority with the continuation of this im- case.’’ cover all employees. Most importantly, portant program. While this issue has been discussed our bill seeks to protect employee’s Mr. President, I ask unanimous con- for years, a solution seemed out of take home pay. During this current sent that the text of the bill be printed reach given the lack of support for var- economic climate, we must be careful in the RECORD. ious proposed solutions. Last year, the to do no harm. There being no objection, the text of Administration announced a legisla- Over the Memorial Day recess my the bill was ordered to be printed in tive proposal to phase-out non-foreign subcommittee plans to hold a series of the RECORD, as follows: COLA and phase-in locality pay. In meetings in Hawaii on the Administra- S. 3012 May 2007 the Administration’s draft tion’s proposal and this bill to hear re- Be it enacted by the Senate and House of Rep- bill was submitted. The draft bill would maining questions and concerns. I also resentatives of the United States of America in freeze nonforeign COLA rates at their plan to hold a hearing on these pro- Congress assembled, current rates at their current rates and posals in Honolulu on May 29, 2008. I SECTION 1. SHORT TITLE. OPM would no longer conduct COLA continue to encourage employees in This Act may be cited as the ‘‘Bulletproof surveys. Over the 7 years following the Alaska, Hawaii, and in the territories Vest Partnership Grant Act of 2008’’. enactment of the proposal, locality pay to write us with their questions and SEC. 2. REAUTHORIZATION. would be phased in for General Sched- Section 1001(a)(23) of title I of the Omnibus concerns on these proposals. My ulti- ule, GS, employees while nonforeign mate goal remains to ensure that Fed- Crime Control and Safe Streets Act of 1968 COLA is phased out. According to (42 U.S.C. 3793(a)(23)) is amended by striking eral workers in the nonforeign areas ‘‘2009’’ and inserting ‘‘2012’’. OPM, preliminary data indicates that are not disadvantaged when it comes to the locality pay rate for Hawaii would their pay and retirement. By Mr. AKAKA (for himself, Mr. be 20 percent. At the end of the 7 year Mr. President, I ask unanimous con- STEVENS, Mr. INOUYE, and Ms. period, if the locality pay rate is less sent that the text of the bill be printed MURKOWSKI): than the amount of nonforeign COLA in the RECORD. S. 3013. A bill to provide for retire- for a particular area, employees would There being no objection, the text of ment equity for Federal employees in continue to receive the difference in the bill was ordered to be printed in nonforeign areas outside the 48 contig- nonforeign COLA and locality pay the RECORD, as follows: uous States and the District of Colum- until the locality rate reaches the S. 3013 bia, and for other purposes; to the COLA amount. Only at that time Be it enacted by the Senate and House of Rep- Committee on Homeland Security and would employees no longer receive resentatives of the United States of America in Governmental Affairs. non-foreign COLA. However, the pro- Congress assembled, Mr. AKAKA. Mr. President, today I posal did not address the impact such a SECTION 1. SHORT TITLE. join with my good friends Senators TED change would have on postal employ- This Act may be cited as the ‘‘Non-Foreign STEVENS, DANIEL INOUYE, and LISA ees, employees who receive special Area Retirement Equity Assurance Act of MURKOWSKI to introduce legislation to rates, members of the Senior Executive 2008 or the Non-Foreign AREA Act of 2008’’. ensure retirement equity for Federal Service, and others who are in agency SEC. 2. EXTENSION OF LOCALITY PAY. workers in Hawaii, Alaska, and the specific personnel systems or those (a) LOCALITY-BASED COMPARABILITY PAY- MENTS.—Section 5304(f)(1) of title 5, United U.S. territories. For years, Federal em- who do not receive locality pay, such States Code, is amended by striking subpara- ployees in my home state of Hawaii as employees under the National Secu- graph (A) and inserting the following: and in other non-foreign areas have rity Personnel System at the Depart- ‘‘(A) each General Schedule position in the been disadvantaged when it comes to ment of Defense. United States, as defined under section

VerDate Aug 31 2005 04:38 May 14, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.035 S13MYPT1 smartinez on PROD1PC64 with SENATE S4110 CONGRESSIONAL RECORD — SENATE May 13, 2008 5921(4), and its territories and possessions, vide that statutory limitations on the (I) becomes eligible to be paid an allowance including the Commonwealth of Puerto Rico amount of such special rates may be tempo- under section 1603(b) of title 10, United and the Commonwealth of the Northern Mar- rarily raised to a higher level during the States Code; iana Islands shall be included within a pay transition period described in section 4 end- (II) becomes eligible to be paid an allow- locality; and’’. ing on the first day of the first pay period be- ance under section 1005(b) of title 39, United (b) ALLOWANCES BASED ON LIVING COSTS ginning on or after January 1, 2011, at which States Code; or AND CONDITIONS OF ENVIRONMENT.—Section time any special rate of pay in excess of the (III) is employed by the Transportation Se- 5941 of title 5, United States Code, is amend- applicable limitation shall be converted to a curity Administration of the Department of ed— retained rate under section 5363 of title 5, Homeland Security and becomes eligible to (1) in subsection (a), by adding after the United States Code. be paid an allowance based on section 5941 of last sentence ‘‘Notwithstanding any pre- SEC. 4. TRANSITION SCHEDULE FOR LOCALITY- title 5, United States Code. ceding provision of this subsection, the cost- BASED COMPARABILITY PAYMENTS. (2) APPLICATION TO COVERED EMPLOYEES.— of-living allowance rate based on paragraph Notwithstanding any other provision of (A) IN GENERAL.—Notwithstanding any pro- (1) of this subsection shall be the cost-of-liv- this Act or section 5304 or 5304a of title 5, vision of title 5, United States Code, for pur- ing allowance rate in effect on December 31, United States Code, in implementing the poses of this Act (including the amendments 2008, except as adjusted under subsection amendments made by this Act, for each non- made by this Act) any covered employee (c).’’; foreign area determined under section 5941(b) shall be treated as an employee to whom sec- (2) by redesignating subsection (b) as sub- of that title, the applicable rate for the lo- tion 5941 of title 5, United States Code, (as cality-based comparability adjustment that section (d); and amended by section 2 of this Act) and section is used in the computation required under (3) by inserting after subsection (a) the fol- 4 of this Act apply. section 5941(c) of that title shall be adjusted lowing: (B) PAY FIXED BY STATUTE.—Pay to covered effective on the first day of the first pay pe- ‘‘(b) This section shall apply only to areas employees under section 5304 or 5304a of title riod beginning on or after January 1— that are designated as cost-of-living allow- 5, United States Code, as a result of the ap- (1) in calendar year 2009, by using 1⁄3 of the ance areas as in effect on December 31, 2008. plication of this Act shall be considered to be locality pay percentage for the rest of United ‘‘(c)(1) The cost-of-living allowance rate fixed by statute. States locality pay area; payable under this section shall be adjusted (C) PERFORMANCE APPRAISAL SYSTEM.— (2) in calendar year 2010, by using 2⁄3 of the on the first day of the first applicable pay With respect to a covered employee who is otherwise applicable comparability payment period beginning on or after— subject to a performance appraisal system no approved by the President for each nonfor- ‘‘(A) January 1, 2009; and part of pay attributable to locality-based eign area; and ‘‘(B) on January 1 of each calendar year in comparability payments as a result of the (3) in calendar year 2011 and each subse- which a locality-based comparability adjust- application of this Act including section 5941 quent year, by using the full amount of the ment takes effect under section 4(2) and (3) of title 5, United States Code, (as amended applicable comparability payment approved of the Non-Foreign Area Retirement Equity by section 2 of this Act) may be reduced on by the President for each nonforeign area. Assurance Act of 2008. the basis of the performance of that em- ‘‘(2)(A) In this paragraph, the term ‘appli- SEC. 5. SAVINGS PROVISION. ployee. cable locality-based comparability pay per- (a) IN GENERAL.—The application of this (b) POSTAL SERVICE EMPLOYEES IN NONFOR- centage’ means, with respect to calendar Act to any employee may not result in the EIGN AREAS.—Section 1005(b) of title 39, year 2009 and each calendar year thereafter, amount of the decrease in the amount of pay United States Code, is amended by inserting the applicable percentage under section 4(1), attributable to special rate pay and the cost- ‘‘and the Non-Foreign Area Retirement Eq- (2), or (3) of Non-Foreign Area Retirement of-living allowance as in effect on the date of uity Assurance Act of 2008’’ after ‘‘Section Equity Assurance Act of 2008. enactment of this Act exceeding the amount 5941 of title 5’’. of the increase in the locality-based com- ‘‘(B) Each adjusted cost-of-living allowance SEC. 7. ELECTION OF ADDITIONAL BASIC PAY rate under paragraph (1) shall be computed parability payments paid to that employee. FOR ANNUITY COMPUTATION BY EM- by— (b) SENSE OF CONGRESS.—It is the sense of PLOYEES. ‘‘(i) subtracting 65 percent of the applica- Congress that the application of this Act to (a) DEFINITION.—In this section the term ble locality-based comparability pay per- any employee should not result in a decrease ‘‘covered employee’’ means any employee— centage from the cost-of-living allowance in the take home pay of that employee. (1) to whom section 4 applies; percentage rate in effect on December 31, SEC. 6. APPLICATION TO OTHER ELIGIBLE EM- (2) who is separated from service by reason 2008; and PLOYEES. of retirement under chapter 83 or 84 of title ‘‘(ii) dividing the resulting percentage de- (a) IN GENERAL.— 5, United States Code, during the period of termined under clause (i) by the sum of— (1) DEFINITION.—In this subsection, the January 1, 2009 through December 31, 2011; ‘‘(I) one; and term ‘‘covered employee’’ means— and ‘‘(II) the applicable locality-based com- (A) any employee who— (3) who files and election with the Office of parability payment percentage expressed as (i) on— Personnel Management under subsection (b). a numeral. (I) the day before the date of enactment of (b) ELECTION.— ‘‘(3) No allowance rate computed under this Act— (1) IN GENERAL.—An employee described paragraph (2) may be less than zero. (aa) was eligible to be paid a cost-of-living under subsection (a)(1) and (2) may file an ‘‘(4) Each allowance rate computed under allowance under 5941 of title 5, United States election with the Office of Personnel Man- paragraph (2) shall be paid as a percentage of Code; and agement to be covered under this section. basic pay (including any applicable locality- (bb) was not eligible to be paid locality- (2) DEADLINE.—An election under this sub- based comparability payment under section based comparability payments under 5304 or section may be filed not later than December 5304 or similar provision of law and any ap- 5304a of that title; or 31, 2011. plicable special rate of pay under section 5305 (II) or after the date of enactment of this (c) COMPUTATION OF ANNUITY.—For pur- or similar provision of law).’’. Act becomes eligible to be paid a cost-of-liv- poses of the computation of an annuity of a SEC. 3. ADJUSTMENT OF SPECIAL RATES. ing allowance under 5941 of title 5, United covered employee any cost-of-living allow- (a) IN GENERAL.—Each special rate of pay States Code; and ance under section 5941 of title 5, United established under section 5305 of title 5, (ii) except as provided under paragraph (2), States Code, paid to that employee during United States Code, and payable in an area is not covered under— the first applicable pay period beginning on designated as a cost-of-living allowance area (I) section 5941 of title 5, United States or after January 1, 2009 through the first ap- under section 5941(a) of that title, shall be Code, (as amended by section 2 of this Act); plicable pay period ending on or after De- adjusted, on the dates prescribed by section and cember 31, 2011, shall be considered basic pay 4 of this Act, in accordance with regulations (II) section 4 of this Act; or as defined under section 8331(3) or 8401(4) of prescribed by the Director of the Office of (B) any employee who— that title. Personnel Management under section 9 of (i) on the day before the date of enactment (d) CIVIL SERVICE RETIREMENT AND DIS- this Act. of this Act— ABILITY RETIREMENT FUND.— (b) DEPARTMENT OF VETERANS AFFAIRS.— (I) was eligible to be paid an allowance (1) EMPLOYEE CONTRIBUTIONS.—A covered Each special rate of pay established under under section 1603(b) of title 10, United employee shall pay into the Civil Service Re- section 7455 of title 38, United States Code, States Code; tirement and Disability Retirement Fund— and payable in a location designated as a (II) was eligible to be paid an allowance (A) an amount equal to the difference be- cost-of-living allowance area under section under section 1005(b) of title 39, United tween— 5941(a)(1) of title 5, United States Code, shall States Code; or (i) employee contributions that would have be adjusted in accordance with regulations (III) was employed by the Transportation been deducted and withheld from pay under prescribed by the Secretary of Veterans Af- Security Administration of the Department section 8334 or 8422 of title 5, United States fairs that are consistent with the regulations of Homeland Security and was eligible to be Code, during the period described under sub- issued by the Director of the Office of Per- paid an allowance based on section 5941 of section (c) of this section if that subsection sonnel Management under subsection (a). title 5, United States Code; or had been in effect during that period; and (c) TEMPORARY ADJUSTMENT.—Regulations (ii) on or after the date of enactment of (ii) employee contributions that were actu- issued under subsection (a) or (b) may pro- this Act— ally deducted and withheld from pay under

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.038 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4111 section 8334 or 8422 of title 5, United States employee whose rate of pay exceeds applica- to receive locality pay for their ‘‘high Code, during that period; and ble pay limitations on the first day of the 3.’’ This puts my State at a disadvan- (B) interest as prescribed under section first pay period beginning on or after Janu- tage because we are losing highly 8334(e) of title 5, United States Code, based ary 1, 2011. skilled, seasoned employees. on the amount determined under subpara- (b) OTHER PAY SYSTEMS.—With the concur- graph (A). rence of the Director of the Office of Per- This is an inequitable and outdated (2) AGENCY CONTRIBUTIONS.— sonnel Management, the administrator of a system. It is time to bring retirement (A) IN GENERAL.—The employing agency of pay system not administered by the Office of equity to all States. The bill Senator a covered employee shall pay into the Civil Personnel Management shall prescribe regu- AKAKA and I introduce today with Sen- Service Retirement and Disability Retire- lations to carry out this Act with respect to ators INOUYE and MURKOWSKI will do ment Fund an amount for applicable agency employees in such pay system, consistent just that. Simply put, this bill will contributions based on payments made under with the regulations issued by the Office convert Federal employees in our paragraph (1). under subsection (a). States from the COLA system to the (B) SOURCE.—Amounts paid under this SEC. 10. EFFECTIVE DATES. locality pay system. This conversion paragraph shall be contributed from the ap- (a) IN GENERAL.—Except as provided by propriation or fund used to pay the em- subsection (b), this Act (including the will not only benefit the Federal employee. amendments made by this Act) shall take ef- ployees in these States, it will also (3) REGULATIONS.—The Office of Personnel fect on the date of enactment of this Act. save the Government money. Management may prescribe regulations to (b) LOCALITY PAY AND SCHEDULE.—The The COLA system requires that a carry out this section. amendments made by section 2 and the pro- survey be conducted every 3 years to SEC. 8. ELECTION OF COVERAGE BY EMPLOYEES. visions of section 4 shall take effect on the determine an area’s COLA. Our bill (a) IN GENERAL.—Notwithstanding any first day of the first applicable pay period be- would eliminate these expensive and other provision of this Act, an employee may ginning on or after January 1, 2009. time consuming surveys. By changing make an irrevocable election in accordance Mr. STEVENS. Mr. President, I join to a locality pay system, employees with this section, if— my friend from Hawaii in introducing will pay taxes on income they now re- (1) that employee is paid an allowance the Non-foreign Area Retirement Eq- under section 5491 of title 5, United States ceive tax free. Federal employees in Code, during a pay period in which the date uity Act. I thank Senator AKAKA for Alaska and Hawaii have filed lawsuits of the enactment of this Act occurs; or his hard work on this important legis- to fight the inequity of the COLA sys- (2) that employee— lation that finally brings retirement tem. With this change, the Government (A) is a covered employee as defined under equity to the thousands of Federal em- will not have to spend time and re- section 6(a)(1); and ployees in Alaska and Hawaii. sources defending against this litiga- (B) during a pay period in which the date Alaska and Hawaii are the only tion. of the enactment of this Act occurs is paid States in which Federal employees do The Office of Personnel Management an allowance— not receive locality pay. Instead, they (i) under section 1603(b) of title 10, United supports replacing COLA with locality States Code; receive what is called a nonforeign cost pay for all of these reasons. (ii) under section 1005(b) of title 39, United of living allowance, or COLA. COLA This bill addresses several employee States Code; or was put in place in 1949, before Alaska groups with unique circumstances, in- (iii) based on section 5941 of title 5, United and Hawaii were States. It is based on cluding postal employees. I am con- States Code. the cost of living in an area compared fident we can work closely with the (b) FILING ELECTION.—Not later than 60 to the cost of living in Washington, DC. U.S. Postal Service and the postal em- days after the date of enactment of this Act, COLA was not available to employees ployee unions to ensure that postal em- an employee described under subsection (a) in the lower 48 States. may file an election with the Office of Per- ployees in Alaska and Hawaii are pro- sonnel Management to be treated for all pur- When locality pay was established to tected. poses— benefit Federal employees in the lower Senator AKAKA and I hope that all (1) in accordance with the provisions of 48, Alaska and Hawaii were not in- groups affected by this change will con- this Act (including the amendments made by cluded because they were already under tact us so that we can ensure this bill this Act); or the COLA system. Locality pay brings takes everyone’s concerns into consid- (2) as if the provisions of this Act (includ- Federal salaries closer to private in- eration. Senator AKAKA will be holding ing the amendments made by this Act) had dustry salaries in an area. a hearing on this issue in Hawaii this not been enacted, except that the cost-of-liv- The key difference between these two ing allowance rate paid to that employee month. Feedback from that hearing shall be the cost-of-living allowance rate in systems is how it affects a Federal em- will be vital to improving our bill. effect on December 31, 2008 for that employee ployee’s retirement. As you know, a It is important we pass this bill be- without any adjustment after that date. Federal employee’s retirement is based fore the end of this Congress to bring (c) FAILURE TO FILE.—Failure to make a on their ‘‘high 3’’ years of service, usu- equality in retirement to all of our timely election under this section shall be ally the final 3 years of their base pay Federal employees. I urge Senators to treated in the same manner as an election salary. support this bill. made under subsection (b)(1) on the last day COLA is nontaxable income that can- authorized under that subsection. not exceed 25 percent of the base pay. By Mr. GRASSLEY (for himself, (d) NOTICE.—To the greatest extent practicable, the Office of Personnel Management It is currently being reduced in Alaska Mr. KYL, and Mr. VITTER): shall provide timely notice of the election and Hawaii by 1 percent each year. Be- S. 3014. A bill to amend title 18, which may be filed under this section to em- cause COLA is not taxed, it is not con- United States Code, to strengthen pen- ployees described under subsection (a). sidered as part of an employee’s base alties for child pornography offenses, SEC. 9. REGULATIONS. pay for retirement purposes. This child sex trafficking offenses, and (a) IN GENERAL.—The Director of the Office means an employee in Alaska retires other sexual offenses committed of Personnel Management shall prescribe with a much lower ‘‘high 3’’ than an against children; to the Committee on regulations to carry out this Act, includ- equivalent position in the lower 48. the Judiciary. ing— Locality pay is taxable income, but Mr. GRASSLEY. Mr. President, I (1) rules for special rate employees de- is also considered part of an employee’s come to the floor to discuss with my scribed under section 3; (2) rules for adjusting rates of basic pay for base pay for retirement purposes. This colleagues an issue that has hit home employees in pay systems administered by makes a big difference in the amount over the last few years for all Ameri- the Office of Personnel Management when of retirement benefits an employee re- cans, and that issue is crimes against such employees are not entitled to locality- ceives. children. We have all heard stories of based comparability payments under section Alaska has one of the highest costs of children, our most innocent popu- 5304 of title 5, United States Code, without living in the Nation. Our Federal em- lation, being victimized and abused by regard to otherwise applicable statutory pay ployees need to know they can con- predatory criminals. While it is true we limitations during the transition period de- tinue to afford living in the State they have made great strides passing Fed- scribed in section 4 ending on the first day of the first pay period beginning on or after call home on the money they receive in eral legislation against criminal preda- January 1, 2011; and their retirement benefits. Many Alas- tors, more work needs to be done. That (3) rules governing establishment and ad- kan Federal employees nearing retire- is why I am here today to introduce a justment of saved or retained rates for any ment relocate to the lower 48 in order bill that I entitled the Prevention and

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.038 S13MYPT1 smartinez on PROD1PC64 with SENATE S4112 CONGRESSIONAL RECORD — SENATE May 13, 2008 Deterrence of Crimes Against Children Protection Safety Act. This important ficking and child prostitution. The pen- Act of 2008. I am pleased to be joined by legislation made great strides in pro- alties for these crimes need to be ad- Senator KYL and Senator VITTER who tecting America’s children against vio- justed to adequately reflect the gravity have cosponsored this bill with me. lent sexual predators. Among its many of these crimes and the damage that This is a very important bill that components, this act standardized the they do to children. will protect our children from the National Sex Offender Registry, elimi- The third section of the bill will en- vilest forms of abuse and will send a nated the statute of limitations for sex sure harsh penalties for criminals con- strong signal to criminals that we as a crimes against children, provided victed of child sex offenses resulting in society will not tolerate such behavior grants for electronic devices used for death, repeated child sex crimes, and and that their predatory actions have monitoring sex offenders and, lastly, forcible rape of children. These crimes real significant consequences. established more severe criminal pun- involve the most violent types of sex I wish to take a moment to talk ishment for certain crimes committed offenders, and justice for these crimes about the murder of a girl from my by sex offenders. should be dealt out with the strongest home State of Iowa, Jetseta Marrie As part of the Adam Walsh Act, we available prison sentences. Gage. On March 24, 2005, Jetseta, a 10- were able to include the Jetseta Gage The final section of the bill has to do year-old girl from Cedar Rapids, IA, Assured Punishment for Violent with not permitting these sex offenders went missing from her home. Within 12 Crimes Against Children amendment. to travel outside the country. If we hours of her disappearance, Iowa law The amendment created mandatory know someone is a convicted child mo- enforcement agents arrested a reg- minimum terms of imprisonment for lester, we have the responsibility to istered sex offender, Roger Bentley, for criminals who commit murder, kidnap- not allow them travel to Asia or Eu- the crime. He had been previously con- ping, or serious bodily harm against rope or anywhere to exploit and harm victed of committing lascivious acts children. other kids in other lands. with a minor. We are on the right path, but I still The bill provides for the following: Regrettably, this criminal served say this is not enough—not enough When the sex offender has been con- just over a year in prison for his pre- punishment for people who commit victed of a sex offense, the issuance of vious sex crime conviction. Two days these despicable crimes. There is still a passports shall be refused. Secondly, if after her disappearance, an AMBER lot of work that needs to be done on a passport has already been issued, the Alert tip led officials to the location of this serious issue. use of a passport may be restricted if her body. She was found stuffed in a This bill I am introducing today will the passport was used in the further- cabinet in an abandoned mobile home. help change this by protecting children ance of a sex offense. Lastly, any alien The autopsy revealed she had been sex- in four ways. It will increase manda- convicted of a sex offense shall be ually assaulted and suffocated with a tory minimum sentences, boost pen- placed immediately in removal pro- plastic bag. alties for certain crimes against chil- ceedings. I can’t help but wonder whether dren, control the use of passports by The provisions of this bill are de- Jetseta would still be alive today had convicted sex offenders, and strengthen signed to protect our children by lock- her killer received stricter penalties the process for removing criminal ing up violent sexual predators. I doubt for his first offense. It breaks aliens who commit sex offenses. that the Members of this body, many of everybody’s heart to hear about cases The first section of the bill increases whom have young children of their such as this, but it is even more demor- the penalties for child pornography of- own, will have any objection to ensur- alizing when you know that it might fenses and elevates the mandatory ing that violators of crimes against have been prevented with adequate sen- minimum punishment for criminals children receive tougher penalties for tencing. who commit exploitation crimes their acts. Last week, I honored two extraor- against children. I know some of my It is unfortunate that it took the dinary law enforcement officers who colleagues have concerns about manda- murder of girls such as Jetseta Gage helped put away another one of tory minimums, especially in the con- for a law with severe penalties to be Jetseta’s abusers: James Bentley. Un- text of drug sentences. I understand proposed, but I strongly believe a vote believably, James Bentley is the broth- that concern, but in light of the Su- for this bill could save the lives of chil- er of Roger Bentley who was respon- preme Court’s decision in the Booker dren in the future. We have an obliga- sible for the rape and murder of case, something must be done to ensure tion as legislators to protect our citi- Jetseta. A year prior to her murder, that sexual predators receive the type zens, including our most vulnerable James Bentley took nude photos of 9- of sentences appropriate for their populations, and we have an obligation year-old Jetseta and her 13-month-old crimes. as adults to protect our young people. little sister Leonna. In Booker, the Court held that the We have a commitment as parents to After the child abuse prosecution of Federal Sentencing Guidelines are no protect our children and ensure that James Bentley stalled in State court longer mandatory, thus Federal judges they are given the opportunity to grow due to sixth amendment concerns, U.S. have unfettered discretion in sen- up free from the dangers that violent Postal Inspector Troy Raper and Cedar tencing. I am very worried judges are sex offenders pose. I urge my col- Rapids Police Department Investigator not doing their job to protect children. leagues to join me and Senator KYL Charity Hansel followed up on child As a matter of fact, Deputy Attorney and Senator VITTER in strengthening pornography allegations that eventu- General Laurence E. Rothenberg testi- our laws so that no child becomes a ally led to James Bentley’s conviction fied to the Senate Judiciary Com- victim of a repeat offender. on Federal child pornography charges. mittee last year that since the Booker These investigators worked tirelessly decision, Federal judges have signifi- By Mr. SCHUMER (for himself, to find nine previous victims of James cantly increased the number of down- Mr. DORGAN, Mr. CASEY, Ms. Bentley. Only two of the nine victims ward departures for those convicted of KLOBUCHAR, and Mr. SANDERS): testified, but their courage and their possession of child pornography. S.J. Res. 32. A joint resolution lim- accounts of abuse by this man were To counter this trend, my bill estab- iting the issuance of a letter of offer very powerful. As a result, these testi- lishes the following mandatory mini- with respect to a certain proposed sale monies influenced the district court’s mums for exploitation crimes against of defense articles and defense services decision to use higher sentencing children: One, where a crime involves to the Kingdom of Saudi Arabia; read guidelines to put him away in Federal child pornography, the offender will re- the first time. prison for 100 years. I am truly thank- ceive 20 years to life; two, where the Mr. SCHUMER. Mr. President, I rise ful for the public service that Inspector crime deals with sexual exploitation of to discuss rising energy prices. I re- Troy Raper and Investigator Charity a minor by a parent or guardian, the mind President Bush, as he leaves for Hansel have done for Iowa’s kids. offender will receive no less than 3 his trip to the Middle East, his ally, In doing our part, we in Congress years to life. Saudi Arabia, holds the key to reduc- have not sat idly by. Two years ago we The second section of the bill in- ing gasoline prices at home in the passed into law the Adam Walsh Child creases penalties for child sex traf- short term.

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.061 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4113 I, along with my colleagues, Senator this summer, American households al- their profits. In fact, if Saudi Arabia DORGAN of North Dakota, Senator ready faced with rising fiscal burdens were to increase its production by 1 CASEY of Pennsylvania, Senator incurred as a result of the subprime million barrels per day, that translates KLOBUCHAR of Minnesota, and Senator foreclosure crisis and the financial to a reduction of 20 percent to 25 per- SANDERS of Vermont plan to submit a credit crunch are being squeezed fur- cent in the price of crude oil. Crude oil Senate resolution that would block all ther by record-high prices at the pump. prices would fall by more than $25 a four pending arms deals to Saudi Ara- In a sign that high prices will con- barrel from the current level of $126. In bia, which together total $1.4 billion, tinue unabated, the Department of En- turn, that would lower the price of gas- unless Saudi Arabia shows that our ergy recently forecasted that gasoline oline between 13 and 17 percent or by friendship is a two-way street and in- prices would average $3.66 per gallon more than 62 cents off the expected creases its oil production by 1 million across the U.S. this summer, 25 percent summer price, if the Saudis would sim- barrels per day above the January 2008 higher than last summer’s average. ply produce the amount of oil they output levels. So I, along with several of my col- used to produce when they were far Because these weapons have not yet leagues, think it is time to get the more responsible. Yet Saudi Arabia’s been delivered to Saudi Arabia, Con- President’s attention and the attention oil minister said there was no need to gress still has the power to block these of the leaders of Saudi Arabia. The res- increase supplies by even one barrel of four deals as leverage to get the olution we have introduced today, oil. world’s larger oil producer to bring its which Senator REID will rule to move But even as they are saying no, no, production back to historical levels, an on to the calendar this afternoon, re- no to the United States, they are say- action that would have the single quires Saudi Arabia to increase their ing yes, yes, yes to China. They are greatest impact of lowering gas prices oil production by 1 million barrels a doubling oil production for China. This in the short term. day or jeopardize their $1.4 billion of is galling. When the President goes to I am very proud that we today voted pending arms deals with the United Saudi Arabia and acts as if the Saudi to prevent continued oil going into the States. King and the Saudi leadership are our SPR as Senator DORGAN, the sponsor One of those deals includes the sale good friends, he ought to look the and somebody who has pushed this of JDAMs, Joint Direct Attack Muni- American family in the eye and say issue a long time and done it well, has tions, which makes conventional that and say Saudi Arabia is a loyal noted that will probably reduce prices bombs into smart bombs that can be ally. To most Americans, a well-armed about a nickel. There is more. It is a aimed through the window of a house. Saudi Arabia is far less important than good first step, as he would be the first The administration has warned us that a reasonable price for gasoline, heating to say, but we can do more. Saudi Arabia needs to use these weap- oil, and all other products upon which If Saudi Arabia would increase pro- ons in their fight against terrorism. oil is based. duction by 1 million barrels a day, the But how are they going to use laser- The Saudis have to understand this is price of gasoline would go down 50 guided bombs to fight terrorists in a two-way street. The President has to cents a gallon almost immediately. It their midst? Saudi Arabia very much understand that the one-way street re- is a short-term fix. wants these smart bombs. So our reso- lationship with Saudi Arabia has to As my colleagues across the aisle and lution sends a strong signal to the ad- end. We provide them weapons. Our the administration continue to side ministration and to Saudi Arabia that troops provide them protection. Then with big oil, we have no other choice friendship with the United States is a they rake us over the coals when it because, right now, it is Big Oil and two-way street. If the Saudis want to comes to the price of oil. Just as Saudi OPEC that are benefitting and Amer- see their weapons, we need to see an in- Arabia feels a need to protect itself ican families are losing. It is unfortu- crease in crude oil production within with high-tech, laser-guided missiles, nate we are at this point. Eight years the next 30 days. As we all know, the American consumers and our economy of poor stewardship over our Nation’s principal cause underlying the rise in need protection from record high oil energy policy has left us with alter- gasoline prices has been a spike in prices, exacerbated by OPEC’s stran- natives. And my Republican colleagues crude oil prices, now over $120 a barrel, glehold on supply. The administration have blocked every attempt at real en- a 100–percent increase over the crude needs to use all of the leverage it has ergy reform that would help alleviate price at this point last year. A signifi- to influence the OPEC cartel to stop the rising energy prices in this coun- cant portion of this price rise is due to manipulating the world’s oil supply to try. supply decisions made by OPEC. The its member nations’ own wealth advan- In the 110th Congress alone, my col- largest member of OPEC, Saudi Arabia, tage. It is time we stop treating a car- leagues on the other side of the aisle controls one-fifth of the world’s crude tel that would be illegal in the United have blocked four different attempts reserves and constitutes more than 10 States with kid gloves. That is what by Democrats to extend the alternative percent of daily production of crude our resolution does. It reminds the tax provisions, and not only for a year oil. Saudis there are consequences for or two but many. In the past, Saudi Arabia has kept keeping oil prices high at a time when On June 21 of last year, the extension crude oil prices high by limiting sup- American families are hurting. It re- of energy credits received 57 votes; on ply, producing anywhere from 1 to 5 minds Saudi Arabia that it can’t take December 7, it received 53 votes; on De- million barrels per day below capacity. American support for granted. They cember 13, it received 59 votes; and on Currently, they are producing 2 million can choose record oil profits or Amer- February 6, 58 votes. barrels a day below capacity. Why? ican weapons, but they can’t have Each time, Republicans put up road- Why right now, when crude prices are both. blocks requiring 60 votes in order to at an historic high, are the Saudis con- I would like any Member of this pass the bill. Each time the over- tinuing to cut back on production? Chamber and President Bush to look whelming majority of Democrats voted Does it make any sense? It does if you the average American family in the for the bill, the overwhelming majority are a member of OPEC. It does if you eye and say: There is nothing we can of Republicans voted against. are ExxonMobil. But it doesn’t if you do to get Saudi Arabia to be respon- President Bush opposed the bills be- are almost everybody else. With crude sible. cause each would have ended tax oil at the highest price ever, Saudi There are things we can do; we just breaks for big oil, as if they needed Arabia and other members of OPEC are refuse to do them. This resolution has more tax breaks given their record making record profits, and Saudi Ara- us step to the plate. The resolution is profitability. bia is not alone. Last month big oil not the final answer, of course, to the Meanwhile, Americans continue to companies announced some of the best problem of rising gas prices. That is spend more and more on gasoline, as profits in recorded history. Exxon why I am a proud cosponsor of S. 2991, prices at the pump have skyrocketed made almost $11 billion in profit last the Consumer First Energy Act of 2008 upward to record heights. Although our quarter. So we know OPEC has no in- that we Democrats will offer on the President was not aware that gasoline centive to increase their production floor before Memorial Day. That bill prices were predicted to top $4 a gallon right now, since that would decrease addresses underlying causes that are

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.042 S13MYPT1 smartinez on PROD1PC64 with SENATE S4114 CONGRESSIONAL RECORD — SENATE May 13, 2008 driving up energy prices and forces big Whereas the commander of the North COLN, Mr. NELSON of Florida, Mr. oil to reinvest some of their record- American Aerospace Defense Command pro- PRYOR, Mr. SMITH, Ms. STABENOW, Mr. breaking profits into alternative and vides integrated tactical warning and attack STEVENS, Mr. TESTER, and Mr. THUNE) assessments to the governments of the renewable sources of energy that are United States and Canada; submitted the following resolution; both good for the environment, the Whereas the North American Aerospace which was considered and agreed to: consumer, and break our dependence Defense Command uses a network of sat- S. RES. 562 on foreign oil. ellites, ground-based and airborne radar, Whereas Concerns of Police Survivors has Our bill will also attack the broader fighters and helicopters, and ground-based showed the highest amount of concern and bill’s speculation, punish price air defense systems to detect, intercept, and, respect for tens of thousands of family mem- gouging, and put additional pressure on if necessary, engage any air-breathing bers of officers killed in the line of duty; the OPEC cartel. I urge my colleagues threats to North America; Whereas those families bear the most im- Whereas North American Aerospace De- mediate and profound burden of the absences on both sides of the aisle to support it. fense Command assists in the detection and I am hopeful we can move on this reso- of their loved ones; monitoring of aircraft suspected of illegal Whereas Concerns of Police Survivors is lution as soon as possible so American drug trafficking; starting its 25th year as a bedrock of consumers no longer have to carry the Whereas the Alaskan NORAD Region lo- strength for the families of the Nation’s lost heavy burden of high energy prices all cated at Elmendorf Air Force Base is sup- heroes; by themselves. ported by both the Eleventh Air Force and Whereas it is essential that the Nation rec- Air National Guard units; f ognize the contributions of Concerns of Po- Whereas the May 2006 North American lice Survivors to those families; and SUBMITTED RESOLUTIONS Aerospace Defense Command Agreement re- Whereas National Police Week, observed newal added a maritime warning mission to each year in the week containing May 15, is its slate of responsibilities, which entails a the most appropriate time to honor Concerns SENATE RESOLUTION 561—COM- shared awareness and understanding of the of Police Survivors: Now, therefore, be it ongoing activities conducted in United MEMORATING THE 50TH ANNI- Resolved, That the Senate— States and Canadian maritime approaches, (1) recognizes and thanks Concerns of Po- VERSARY OF THE NORTH AMER- maritime areas, and inland waterways; ICAN AEROSPACE DEFENSE COM- lice Survivors for assisting in the rebuilding Whereas the horrific events of September of the lives of family members of law en- MAND 11, 2001, demonstrated the North American forcement officers killed in the line of duty Mr. ALLARD (for himself, Mr. Aerospace Defense Command’s continued rel- across the United States; evance to North American security; SALAZAR, Mr. BENNETT, Mr. CRAPO, Mr. (2) honors Concerns of Police Survivors and Whereas, since 2001, the Continental recognizes the organization as it begins its HAGEL, and Mr. NELSON of Nebraska) NORAD region, which is divided into 2 de- submitted the following resolution; 25th year of service to the families of the fense sectors–the Western Defense Sector, fallen heroes of the Nation; which was considered and agreed to: with its headquarters located at McChord (3) urges the people of the United States to S. RES. 561 Air Force Base, Washington, and the Eastern join with the Senate in thanking Concerns of Whereas, on May 12, 1958, the United States Defense Sector, with its headquarters lo- Police Survivors; and and Canada signed an official agreement cre- cated at Rome, New York–has been the lead (4) recognizes with great appreciation the ating the bi-national North American Aero- agency for Operation Noble Eagle, an ongo- sacrifices made by police families and space Defense Command (NORAD) and for- ing mission to protect the continental thanks them for providing essential support mally acknowledged their mutual commit- United States from further airborne aggres- to one another. ment to defending their citizens from air at- sion from inside and outside of America’s f tacks; borders; Whereas, in the spring of 2003, North Amer- Whereas 2008 marks the 50th anniversary of SENATE RESOLUTION 563—DESIG- the creation of the North American Aero- ican Aerospace Defense Command fighters based at Tyndall Air Force Base, Florida, NATING SEPTEMBER 13, 2008, AS space Defense Command and the outstanding ‘‘NATIONAL CHILDHOOD CANCER efforts of American and Canadian service intercepted 2 hijacked aircraft that origi- men and women defending North America; nated in Cuba and escorted them to Key AWARENESS DAY’’ Whereas the North American Aerospace West, Florida; Whereas the continued service with valor Mr. ALLARD (for himself and Mrs. Defense Command is a unique and fully inte- CLINTON) submitted the following reso- grated bi-national United States and Cana- and honor of American and Canadian men and women serving at the North American lution; which was referred to the Com- dian command; mittee on the Judiciary: Whereas the North American Aerospace Aerospace Defense Command is central to Defense Command is headquartered at Peter- North America’s ability to confront and suc- S. RES. 563 son Air Force Base in Colorado Springs, Col- cessfully defeat threats of the 21st century; Whereas more than 10,000 children under orado, and administered by the United and the age of 15 in the United States are diag- States Air Force, with 3 subordinate regional Whereas the continuation of the long- nosed with cancer annually; centers located at Elmendorf Air Force Base, standing and successful relationship between Whereas every year more than 1,400 chil- Alaska, Tyndall Air Force Base, Florida, and the United States and Canada through the dren under the age of 15 in the United States Canadian Forces Base, Winnipeg, Manitoba; North American Aerospace Defense Com- lose their lives to cancer; Whereas the mission of the North Amer- mand is paramount to the future security of Whereas childhood cancer is the number ican Aerospace Defense Command is to ‘‘pre- the people of the United States and Canada: one disease killer and the second overall vent air attacks against North America, Now, therefore, be it leading cause of death of children in the Resolved, That the Senate— safeguard the sovereign airspaces of the United States; (1) recognizes the contributions made by United States and Canada by responding to Whereas 1 in every 330 children under the the North American Aerospace Defense Com- unknown, unwanted, and unauthorized air age of 20 will develop cancer, and 1 in every mand to the security of North America; and activity approaching and operating within 640 adults aged 20 to 39 has a history of can- (2) commemorates 50 years of excellence those airspaces, and provide aerospace and cer; and distinctive service to the United States maritime warning for North America’’; Whereas the 5-year survival rate for chil- and Canada. Whereas, through joint support arrange- dren with cancer has increased from 56 per- ments with other commands, the North f cent in 1974 to 79 percent in 2000, rep- American Aerospace Defense Command, in- SENATE RESOLUTION 562—HON- resenting significant improvement from pre- cluding United States Strategic Command at ORING CONCERNS OF POLICE vious decades; and Offutt Air Force Base, Nebraska, detects, Whereas cancer occurs regularly and ran- validates, and warns of attacks against SURVIVORS AS THE ORGANIZA- domly and spares no racial or ethnic group, North America whether by aircraft, missile, TION BEGINS ITS 25TH YEAR OF socioeconomic class, or geographic region: or space vehicle; SERVICE TO FAMILY MEMBERS Now, therefore, be it Whereas the North American Aerospace OF LAW ENFORCEMENT OFFI- Resolved, That Congress— Defense Command and United States North- CERS KILLED IN THE LINE OF (1) designates September 13, 2008, as ‘‘Na- ern Command (USNORTHCOM) joint com- DUTY tional Childhood Cancer Awareness Day’’; mand center serves as a central collection (2) requests that the Federal Government, and coordination site for a worldwide system Ms. MURKOWSKI (for herself, Mr. States, localities, and nonprofit organiza- of sensors designed to provide the com- BIDEN, Mr. BROWN, Mr. MENENDEZ, Ms. tions observe the day with appropriate pro- mander and the governments of Canada and MIKULSKI, Mr. CRAIG, Mr. WHITEHOUSE, grams and activities, with the goal of in- the United States with an accurate picture Mr. BAUCUS, Mr. DODD, Mrs. FEINSTEIN, creasing public knowledge of the risks of of any aerospace threat; Mr. INOUYE, Mr. LAUTENBERG, Mrs. LIN- cancer; and

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.045 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4115 (3) recognizes the human toll of cancer and 980, to provide collective bargaining (4) FIREFIGHTER.—The term ‘‘firefighter’’ pledges to make its prevention and cure a rights for public safety officers em- has the meaning given the term ‘‘employee public health priority. ployed by States or their political sub- engaged in fire protection activities’’ in sec- f divisions; as follows: tion 3(y) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y)). AMENDMENTS SUBMITTED AND Strike all after the enacting clause and in- (5) LABOR ORGANIZATION.—The term ‘‘labor PROPOSED sert the following: organization’’ means an organization com- SECTION 1. SHORT TITLE. posed in whole or in part of employees, in SA 4750. Mr. CHAMBLISS (for himself and This Act may be cited as the ‘‘Public Safe- which employees participate, and which rep- Mr. ISAKSON) submitted an amendment in- ty Employer-Employee Cooperation Act of resents such employees before public safety tended to be proposed by him to the bill H.R. 2008’’. agencies concerning grievances, conditions 980, to provide collective bargaining rights SEC. 2. DECLARATION OF PURPOSE AND POLICY. of employment, and related matters. for public safety officers employed by States The Congress declares that the following is (6) LAW ENFORCEMENT OFFICER.—The term or their political subdivisions; which was or- the policy of the United States: ‘‘law enforcement officer’’ has the meaning dered to lie on the table. (1) Labor-management relationships and given such term in section 1204 of the Omni- SA 4751. Mr. REID (for Mr. GREGG (for him- partnerships are based on trust, mutual re- bus Crime Control and Safe Streets Act of self and Mr. KENNEDY)) proposed an amend- spect, open communication, bilateral con- 1968 (42 U.S.C. 3796b). ment to the bill H.R. 980, supra. sensual problem solving, and shared account- (7) MANAGEMENT EMPLOYEE.—The term SA 4752. Mr. DEMINT submitted an amend- ability. Labor-management cooperation ‘‘management employee’’ has the meaning ment intended to be proposed by him to the fully utilizes the strengths of both parties to given such term under applicable State law bill H.R. 980, supra; which was ordered to lie best serve the interests of the public, oper- in effect on the date of enactment of this on the table. ating as a team, to carry out the public safe- Act. If no such State law is in effect, the SA 4753. Mr. DEMINT submitted an amend- ty mission in a quality work environment. In term means an individual employed by a ment intended to be proposed by him to the many public safety agencies it is the union public safety employer in a position that re- bill H.R. 980, supra; which was ordered to lie that provides the institutional stability as quires or authorizes the individual to formu- on the table. elected leaders and appointees come and go. late, determine, or influence the policies of SA 4754. Mr. VITTER submitted an amend- (2) State and local public safety officers the employer. ment intended to be proposed to amendment play an essential role in the efforts of the (8) PERSON.—The term ‘‘person’’ means an SA 4751 proposed by Mr. REID (for Mr. GREGG United States to detect, prevent, and re- individual or a labor organization. (for himself and Mr. KENNEDY)) to the bill spond to terrorist attacks, and to respond to (9) PUBLIC SAFETY OFFICER.—The term H.R. 980, supra; which was ordered to lie on natural disasters, hazardous materials, and ‘‘public safety officer’’— the table. other mass casualty incidents. State and (A) means an employee of a public safety SA 4755. Mr. HATCH submitted an amend- local public safety officers, as first respond- agency who is a law enforcement officer, a ment intended to be proposed to amendment ers, are a component of our Nation’s Na- firefighter, or an emergency medical services SA 4751 proposed by Mr. REID (for Mr. GREGG tional Incident Management System, devel- personnel; (for himself and Mr. KENNEDY)) to the bill oped by the Department of Homeland Secu- (B) includes an individual who is tempo- H.R. 980, supra. rity to coordinate response to and recovery rarily transferred to a supervisory or man- SA 4756. Mr. VITTER submitted an amend- from terrorism, major natural disasters, and agement position; and ment intended to be proposed by him to the other major emergencies. Public safety em- (C) does not include a permanent super- bill H.R. 980, supra; which was ordered to lie ployer-employee cooperation is essential in visory or management employee. on the table. meeting these needs and is, therefore, in the (10) STATE.—The term ‘‘State’’ means each SA 4757. Mr. VITTER submitted an amend- National interest. of the several States of the United States, ment intended to be proposed by him to the (3) The Federal Government needs to en- the District of Columbia, and any territory bill H.R. 980, supra; which was ordered to lie courage conciliation, mediation, and vol- or possession of the United States. on the table. untary arbitration to aid and encourage em- (11) SUBSTANTIALLY PROVIDES.—The term SA 4758. Mr. LEAHY submitted an amend- ployers and the representatives of their em- ‘‘substantially provides’’ means compliance ment intended to be proposed by him to the ployees to reach and maintain agreements with the essential requirements of this Act, bill H.R. 980, supra; which was ordered to lie concerning rates of pay, hours, and working specifically, the right to form and join a on the table. conditions, and to make all reasonable ef- labor organization, the right to bargain over SA 4759. Mr. LEAHY (for himself, Mrs. forts through negotiations to settle their dif- wages, hours, and conditions of employment, CLINTON, Mr. CARDIN, and Mr. OBAMA) pro- ferences by mutual agreement reached the right to sign an enforceable contract, posed an amendment to amendment SA 4751 through collective bargaining or by such and availability of some form of mechanism proposed by Mr. REID (for Mr. GREGG (for methods as may be provided for in any appli- to break an impasse, such as arbitration, me- himself and Mr. KENNEDY)) to the bill H.R. cable agreement for the settlement of dis- diation, or fact-finding. 980, supra. putes. (12) SUPERVISORY EMPLOYEE.—The term SA 4760. Mr. ALEXANDER (for himself and (4) The absence of adequate cooperation be- ‘‘supervisory employee’’ has the meaning Mr. CORKER) proposed an amendment to tween public safety employers and employ- given such term under applicable State law amendment SA 4751 proposed by Mr. REID ees has implications for the security of em- in effect on the date of enactment of this (for Mr. GREGG (for himself and Mr. KEN- ployees and can affect interstate and intra- Act. If no such State law is in effect, the NEDY)) to the bill H.R. 980, supra. state commerce. The lack of such labor-man- term means an individual, employed by a SA 4761. Mr. CORKER proposed an amend- agement cooperation can detrimentally im- public safety employer, who— ment to amendment SA 4751 proposed by Mr. pact the upgrading of police and fire services (A) has the authority in the interest of the REID (for Mr. GREGG (for himself and Mr. of local communities, the health and well- employer to hire, direct, assign, promote, re- KENNEDY)) to the bill H.R. 980, supra. being of public safety officers, and the mo- ward, transfer, furlough, lay off, recall, sus- rale of the fire and police departments. Addi- pend, discipline, or remove public safety offi- f tionally, these factors could have significant cers, to adjust their grievances, or to effec- TEXT OF AMENDMENTS commercial repercussions. Moreover, pro- tively recommend such action, if the exer- viding minimal standards for collective bar- Mr. CHAMBLISS (for him- cise of the authority is not merely routine or SA 4750. gaining negotiations in the public safety sec- clerical in nature but requires the consistent self and Mr. ISAKSON) submitted an tor can prevent industrial strife between exercise of independent judgment; and amendment intended to be proposed by labor and management that interferes with (B) devotes a majority of time at work ex- him to the bill H.R. 980, to provide col- the normal flow of commerce. ercising such authority. lective bargaining rights for public SEC. 3. DEFINITIONS. SEC. 4. DETERMINATION OF RIGHTS AND RE- safety officers employed by States or In this Act: SPONSIBILITIES. their subdivisions; which was ordered (1) AUTHORITY.—The term ‘‘Authority’’ (a) DETERMINATION.— to lie on the table; as follows: means the Federal Labor Relations Author- (1) IN GENERAL.—Not later than 180 days ity. after the date of enactment of this Act, the In section 8(b), insert after ‘‘under this (2) EMERGENCY MEDICAL SERVICES PER- Authority shall make a determination as to Act,’’ the following: ‘‘individuals employed SONNEL.—The term ‘‘emergency medical whether a State substantially provides for by the office of the sheriff in States that do services personnel’’ means an individual who the rights and responsibilities described in not provide the rights and responsibilities provides out-of-hospital emergency medical subsection (b). In making such determina- described in section 4(b) for law enforcement care, including an emergency medical tech- tions, the Authority shall consider and give officers prior to the date of enactment of nician, paramedic, or first responder. weight, to the maximum extent practicable, this Act’’. (3) EMPLOYER; PUBLIC SAFETY AGENCY.—The to the opinion of affected parties. terms ‘‘employer’’ and ‘‘public safety agen- (2) SUBSEQUENT DETERMINATIONS.— SA 4751. Mr. REID (for Mr. GREGG cy’’ mean any State, or political subdivision (A) IN GENERAL.—A determination made (for himself and Mr. KENNEDY)) proof a State, that employs public safety offi- pursuant to paragraph (1) shall remain in ef- posed an amendment to the bill H.R. cers. fect unless and until the Authority issues a

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.048 S13MYPT1 smartinez on PROD1PC64 with SENATE S4116 CONGRESSIONAL RECORD — SENATE May 13, 2008 subsequent determination, in accordance (2) supervise or conduct elections to deter- State or political subdivision of any State or with the procedures set forth in subpara- mine whether a labor organization has been jurisdiction that provides greater or com- graph (B). selected as an exclusive representative by a parable rights and responsibilities than the (B) PROCEDURES FOR SUBSEQUENT DETER- voting majority of the employees in an ap- rights and responsibilities described in sec- MINATIONS.—Upon establishing that a mate- propriate unit; tion 4(b); rial change in State law or its interpretation (3) resolve issues relating to the duty to (2) to prevent a State from enforcing a has occurred, an employer or a labor organi- bargain in good faith; right-to-work law that prohibits employers zation may submit a written request for a (4) conduct hearings and resolve com- and labor organizations from negotiating subsequent determination. If satisfied that a plaints of unfair labor practices; provisions in a labor agreement that require material change in State law or its interpre- (5) resolve exceptions to the awards of arbi- union membership or payment of union fees tation has occurred, the Authority shall trators; as a condition of employment; issue a subsequent determination not later (6) protect the right of each employee to (3) to preempt or limit any State law in ef- than 30 days after receipt of such request. form, join, or assist any labor organization, fect on the date of enactment of this Act (3) JUDICIAL REVIEW.—Any person or em- or to refrain from any such activity, freely that provides for the rights and responsibil- ployer aggrieved by a determination of the and without fear of penalty or reprisal, and ities described in section 4(b) solely because Authority under this section may, during protect each employee in the exercise of such State law permits an employee to ap- the 60-day period beginning on the date on such right; and pear on the employee’s own behalf with re- which the determination was made, petition (7) take such other actions as are nec- spect to the employee’s employment rela- any United States Court of Appeals in the essary and appropriate to effectively admin- tions with the public safety agency involved; circuit in which the person or employer re- ister this Act, including issuing subpoenas (4) to preempt or limit any State law in ef- sides or transacts business or in the District requiring the attendance and testimony of fect on the date of enactment of this Act of Columbia circuit, for judicial review. In witnesses and the production of documen- that provides for the rights and responsibil- any judicial review of a determination by the tary or other evidence from any place in the ities described in section 4(b) solely because Authority, the procedures contained in sub- United States, and administering oaths, tak- such State law excludes from its coverage sections (c) and (d) of section 7123 of title 5, ing or ordering the taking of depositions, or- employees of a State militia or national United States Code, shall be followed. dering responses to written interrogatories, guard; (b) RIGHTS AND RESPONSIBILITIES.—In mak- and receiving and examining witnesses. (5) to permit parties in States subject to ing a determination described in subsection (c) ENFORCEMENT.— the regulations and procedures described in (a), the Authority shall consider whether (1) AUTHORITY TO PETITION COURT.—The Au- section 5 to negotiate provisions that would State law provides rights and responsibilities thority may petition any United States prohibit an employee from engaging in part- comparable to or greater than the following: Court of Appeals with jurisdiction over the time employment or volunteer activities (1) Granting public safety officers the right parties, or the United States Court of Ap- during off-duty hours; to form and join a labor organization, which peals for the District of Columbia Circuit, to (6) to prohibit a State from exempting may exclude management employees and su- enforce any final orders under this section, from coverage under this Act a political sub- pervisory employees, that is, or seeks to be, and for appropriate temporary relief or a re- division of the State that has a population of recognized as the exclusive bargaining rep- straining order. Any petition under this sec- less than 5,000 or that employs less than 25 resentative of such employees. tion shall be conducted in accordance with full-time employees; or (2) Requiring public safety employers to subsections (c) and (d) of section 7123 of title (7) to preempt or limit the laws or ordi- recognize the employees’ labor organization 5, United States Code. nances of any State or political subdivision of a State that provide for the rights and re- (freely chosen by a majority of the employ- (2) PRIVATE RIGHT OF ACTION.—Unless the sponsibilities described in section 4(b) solely ees), to agree to bargain with the labor orga- Authority has filed a petition for enforce- because such law does not require bargaining nization, and to commit any agreements to ment as provided in paragraph (1), any party with respect to pension, retirement, or writing in a contract or memorandum of un- has the right to file suit in a State court of health benefits. derstanding. competent jurisdiction to enforce compli- (3) Permitting bargaining over hours, ance with the regulations issued by the Au- For purposes of paragraph (6), the term ‘‘em- wages, and terms and conditions of employ- thority pursuant to subsection (b), and to en- ployee’’ includes each and every individual ment. force compliance with any order issued by employed by the political subdivision except (4) Making available an interest impasse the Authority pursuant to this section. The any individual elected by popular vote or ap- resolution mechanism, such as fact-finding, right provided by this subsection to bring a pointed to serve on a board or commission. (b) COMPLIANCE.— mediation, arbitration, or comparable proce- suit to enforce compliance with any order dures. (1) ACTIONS OF STATES.—Nothing in this issued by the Authority pursuant to this sec- Act or the regulations promulgated under (5) Requiring enforcement through State tion shall terminate upon the filing of a peti- courts of— this Act shall be construed to require a State tion seeking the same relief by the Author- to rescind or preempt the laws or ordinances (A) all rights, responsibilities, and protec- ity. of any of its political subdivisions if such tions provided by State law and enumerated SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. laws provide rights and responsibilities for in this section; and (a) PROHIBITION.—An employer, public safe- public safety officers that are comparable to (B) any written contract or memorandum ty officer, or labor organization may not en- or greater than the rights and responsibil- of understanding. gage in a lockout, sickout, work slowdown, ities described in section 4(b). (c) FAILURE TO MEET REQUIREMENTS.— strike, or any other action that will measur- (2) ACTIONS OF THE AUTHORITY.—Nothing in (1) IN GENERAL.—If the Authority deter- ably disrupt the delivery of emergency serv- mines, acting pursuant to its authority this Act or the regulations promulgated ices and is designed to compel an employer, under this Act shall be construed to pre- under subsection (a), that a State does not public safety officer, or labor organization to empt— substantially provide for the rights and re- agree to the terms of a proposed contract. (A) the laws or ordinances of any State or sponsibilities described in subsection (b), (b) MANDATORY TERMS AND CONDITIONS.—It political subdivision of a State, if such laws such State shall be subject to the regula- shall not be a violation of subsection (a) for provide collective bargaining rights for pub- tions and procedures described in section 5. a public safety officer or labor organization lic safety officers that are comparable to or (2) EFFECTIVE DATE.—Paragraph (1) shall to refuse to carry out services that are not greater than the rights enumerated in sec- take effect on the date that is 2 years after required under the mandatory terms and tion 4(b); the date of enactment of this Act. conditions of employment applicable to the (B) the laws or ordinance of any State or SEC. 5. ROLE OF FEDERAL LABOR RELATIONS public safety officer or labor organization. AUTHORITY. political subdivision of a State that provide SEC. 7. EXISTING COLLECTIVE BARGAINING for the rights and responsibilities described (a) IN GENERAL.—Not later than 1 year UNITS AND AGREEMENTS. after the date of enactment of this Act, the in section 4(b) with respect to certain cat- A certification, recognition, election-held, Authority shall issue regulations in accord- egories of public safety officers covered by collective bargaining agreement or memo- ance with the rights and responsibilities de- this Act solely because such rights and re- randum of understanding which has been scribed in section 4(b) establishing collective sponsibilities have not been extended to bargaining procedures for employers and issued, approved, or ratified by any public other categories of public safety officers cov- public safety officers in States which the Au- employee relations board or commission or ered by this Act; or thority has determined, acting pursuant to by any State or political subdivision or its (C) the laws or ordinances of any State or section 4(a), do not substantially provide for agents (management officials) and is in ef- political subdivision of a State that provides such rights and responsibilities. fect on the day before the date of enactment for the rights and responsibilities described (b) ROLE OF THE FEDERAL LABOR RELATIONS of this Act shall not be invalidated by the in section 4(b), solely because such laws or AUTHORITY.—The Authority, to the extent enactment of this Act. ordinances provide that a contract or memo- provided in this Act and in accordance with SEC. 8. CONSTRUCTION AND COMPLIANCE. randum of understanding between a public regulations prescribed by the Authority, (a) CONSTRUCTION.—Nothing in this Act safety employer and a labor organization shall— shall be construed— must be presented to a legislative body as (1) determine the appropriateness of units (1) to preempt or limit the remedies, part of the process for approving such con- for labor organization representation; rights, and procedures of any law of any tract or memorandum of understanding.

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(3) LIMITED ENFORCEMENT POWER.—In the SEC. l02. FINDINGS. remedial authority of the National Labor case of a law described in paragraph (2)(B), Congress makes the following findings: Relations Board. the Authority shall only exercise the powers (1) The right of employees under the Na- SEC. 5. PUBLIC SAFETY SECRET BALLOT. provided in section 5 with respect to those tional Labor Relations Act (29 U.S.C. 151 et Section 4(b)(2) of the Public Safety Em- categories of public safety officers who have seq.) to choose whether to be represented by ployer-Employee Cooperation Act of 2007 is not been afforded the rights and responsibil- a labor organization by way of secret ballot amended by inserting before the period the ities described in section 4(b). election conducted by the National Labor following: ‘‘Provided, That the labor organi- (4) EXCLUSIVE ENFORCEMENT PROVISION.— Relations Board is among the most impor- zation is selected by a majority of employees Notwithstanding any other provision of the tant protections afforded under Federal in a secret ballot election supervised by a Act, and in the absence of a waiver of a labor law. governmental body or agency’’. State’s sovereign immunity, the Authority (2) The right of employees to choose by se- shall have the exclusive power to enforce the cret ballot is the only method that ensures a SA 4754. Mr. VITTER submitted an provisions of this Act with respect to em- choice free of coercion, intimidation, irregu- amendment intended to be proposed to ployees of a State or political subdivision of larity, or illegality. amendment SA 4751 proposed by Mr. a State. (3) The recognition of a labor organization REID (for Mr. GREGG (for himself and by using a private agreement, rather than a SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Mr. KENNEDY)) to the bill H.R. 980, to secret ballot election overseen by the Na- There are authorized to be appropriated provide collective bargaining rights for such sums as may be necessary to carry out tional Labor Relations Board, threatens the the provisions of this Act. freedom of employees to choose whether to public safety officers employed by be represented by a labor organization, and States or their political subdivisions; SA 4752. Mr. DEMINT submitted an severely limits the ability of the National which was ordered to lie on the table; amendment intended to be proposed by Labor Relations Board to ensure the protec- as follows: him to the bill H.R. 980, to provide col- tion of workers. At the appropriate place in section 8(a) of lective bargaining rights for public SEC. l03. NATIONAL LABOR RELATIONS ACT. the amendment, insert the following: safety officers employed by States or (a) RECOGNITION OF REPRESENTATIVE.— ‘‘(l) to apply to a public safety agency their political subdivisions; which was (1) IN GENERAL.—Section 8(a)(2) of the Na- that is established prior to the date of enact- tional Labor Relations Act (29 U.S.C. ordered to lie on the table; as follows: ment of this Act under applicable State law 158(a)(2)) is amended by inserting before the that has a chief law enforcement officer who At the appropriate place, insert the fol- colon the following: ‘‘or to recognize or bar- has the authority to, in a manner inde- lowing: gain collectively with a labor organization pendent of other State and local entities, es- TITLE ll—RIGHT TO WORK that has not been selected by a majority of tablish and maintain its own budget and levy SEC. l01. SHORT TITLE. such employees in a secret ballot election taxes for the operation of such agency (the This title may be cited as the ‘‘National conducted by the National Labor Relations term ‘chief law enforcement officer’ as used Right-to-Work Act’’. Board in accordance with section 9’’. in this paragraph means an elected sheriff SEC. l02. AMENDMENTS TO THE NATIONAL (2) APPLICATION.—The amendment made by who is identified in State law as the ex-offi- LABOR RELATIONS ACT. paragraph (1) shall not apply to collective cio Chief Law Enforcement Officer of a law (a) RIGHTS OF EMPLOYEES.—Section 7 of the bargaining relationships in which a labor or- enforcement district);’’. National Labor Relations Act (29 U.S.C. 157) ganization with majority support was law- is amended by striking ‘‘except to’’ and all fully recognized prior to the date of enact- SA 4755. Mr. HATCH submitted an that follows through ‘‘authorized in section ment of this Act. amendment intended to be proposed to 8(a)(3)’’. (b) ELECTION REQUIRED.— amendment SA 4751 proposed by Mr. (b) UNFAIR LABOR PRACTICES.—Section 8 of (1) IN GENERAL.—Section 8(b) of the Na- REID (for Mr. GREGG (for himself and the National Labor Relations Act (29 U.S.C. tional Labor Relations Act (29 U.S.C. 158(b)) Mr. KENNEDY)) to the bill H.R. 980, to 158) is amended— is amended— (1) in subsection (a)(3), by striking ‘‘: Pro- (A) in paragraph (6), by striking ‘‘and’’ at provide collective bargaining rights for vided, That’’ and all that follows through the end; public safety officers employed by ‘‘retaining membership’’; (B) in paragraph (7), by striking the period States or their political subdivisions; (2) in subsection (b)— at the end and inserting ‘‘; and’’; and as follows: (A) in paragraph (2), by striking ‘‘or to dis- (C) by adding at the end the following: At the end of section 2, add the following: criminate’’ and all that follows through ‘‘re- ‘‘(8) to cause or attempt to cause an em- (5) Public safety officers frequently endan- taining membership’’; and ployer to recognize or bargain collectively ger their own lives to protect the rights of (B) in paragraph (5), by striking ‘‘covered with a representative of a labor organization individuals in their communities. In return, by an agreement authorized under sub- that has not been selected by a majority of each officer deserves the optimal protection section (a)(3) of this section’’; and such employees in a secret ballot election of his or her own rights under the law (3) in subsection (f), by striking clause (2) conducted by the National Labor Relations (6) The health and safety of the Nation and and redesignating clauses (3) and (4) as Board in accordance with section 9.’’. the best interests of public security are clauses (2) and (3), respectively. (2) APPLICATION.—The amendment made by furthered when employees are assured that SEC. l03. AMENDMENT TO THE RAILWAY LABOR paragraph (1) shall not apply to collective their collective bargaining representatives ACT. bargaining relationships that were recog- have been selected in a free, fair and demo- Section 2 of the Railway Labor Act (45 nized prior to the date of enactment of this cratic manner. U.S.C. 152) is amended by striking paragraph Act. (7) An employee whose wages are subject to Eleven. (c) SECRET BALLOT ELECTION.—Section 9(a) compulsory assessment for any purpose not SEC. l04. PUBLIC SAFETY OFFICER RIGHT-TO- of the National Labor Relations Act (29 supported or authorized by such employee is WORK. U.S.C. 159(a)), is amended— susceptible to job dissatisfaction. Job dis- Section 4(b) of the Public Safety Em- (1) by striking ‘‘Representatives’’ and in- satisfaction negatively affects job perform- ployer-Employee Cooperation Act of 2007 is serting ‘‘(1) Representatives’’; ance, and, in the case of public safety offi- amended by adding at the end the following: (2) by inserting after ‘‘designated or se- cers, the welfare of the general public. ‘‘(6) Forbidding any public safety employer lected’’ the following: ‘‘by a secret ballot SEC. 2A. PUBLIC SAFETY OFFICER BILL OF from negotiating a contract or memorandum election conducted by the National Labor RIGHTS. of understanding that requires the payment Relations Board in accordance with this sec- (a) IN GENERAL.—A State law described in of any fees to any labor organization as a tion’’; and section 4(a) shall— condition of employment.’’. (3) by adding at the end the following: (1) provide for the selection of an exclusive ‘‘(2) The secret ballot election requirement bargaining representative by public safety SA 4753. Mr. DEMINT submitted an under paragraph (1) shall not apply to collec- officer employees only through the use of a amendment intended to be proposed by tive bargaining relationships that were rec- democratic, government-supervised, secret him to the bill H.R. 980, to provide col- ognized before the date of the enactment of ballot election upon the request of the em- lective bargaining rights for public the Secret Ballot Protection Act of 2008.’’. ployer or any affected employee; safety officers employed by States or SEC. l04. REGULATIONS AND AUTHORITY. (2) ensure that public safety employers rec- their political subdivisions; which was (a) REGULATIONS.—Not later than 6 months ognize the employees’ labor organization, ordered to lie on the table; as follows: after the date of the enactment of this Act, freely chosen by a majority of the employees the National Labor Relations Board shall re- pursuant to a law that provides the demo- At the appropriate place, insert the fol- view and revise all regulations promulgated cratic safeguards set forth in paragraph (1), lowing: prior to such date of enactment to imple- to agree to bargain with the labor organiza- TITLE ll—SECRET BALLOT PROTECTION ment the amendments made by this title. tion, and to commit any agreements to writ- SEC. l01. SHORT TITLE. (b) AUTHORITY.—Nothing in this title (or ing in a contract or memorandum of under- This title may be cited as the ‘‘Secret Bal- the amendments made by this title) shall be standing; and lot Protection Act of 2008’’. construed to limit or otherwise diminish the (3) provide that—

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.051 S13MYPT1 smartinez on PROD1PC64 with SENATE S4118 CONGRESSIONAL RECORD — SENATE May 13, 2008 (A) no public safety officer shall, as a con- ping, or receiving a firearm, and is otherwise cently than 1 year before the date the indi- dition of employment, be required to pay any than as described in paragraph (1) entitled to vidual is carrying the concealed firearm, amount in dues or fees to any labor organiza- carry a concealed firearm in and pursuant to been tested or otherwise found by the State tion for any purpose other than the direct the law of the State in which the person re- to meet the standards established by the and demonstrable costs associated with col- sides, may carry in any State a concealed State for training and qualification for ac- lective bargaining; and firearm in accordance with the laws of the tive law enforcement officers to carry a fire- (B) a labor organization shall not collect State in which the person resides, subject to arm of the same type as the concealed fire- from any public safety officer any additional the laws of the State in which the firearm is arm.’’ and inserting ‘‘or by a certified fire- amount without full disclosure of the in- carried concerning specific types of locations arms instructor that is qualified to conduct tended and actual use of such funds, and in which firearms may not be carried.’’. a firearms qualification test for active duty without the public safety officer’s written (b) CLERICAL AMENDMENT.—The table of officers within that State that indicates that consent. sections for chapter 44 of title 18 is amended the individual has, not less recently than 1 (b) APPLICABILITY OF DISCLOSURE REQUIRE- by inserting after the item relating to sec- year before the date the individual is car- MENTS.—Notwithstanding any other provi- tion 926C the following: rying the concealed firearms, been tested or sion of law, any labor organization that rep- ‘‘926D. Reciprocity for the carrying of cer- otherwise found by the State or a certified resents or seeks to represent public safety tain concealed firearms.’’. firearms instructor that is qualified to con- officers under State law or this Act, or in ac- (c) EFFECTIVE DATE.—The amendments duct a firearms qualification test for active cordance with regulations promulgated by made by this section shall take effect 180 duty officers within that State to have met— the Federal Labor Relations Authority, shall days after the date of enactment of this Act. ‘‘(i) the active duty standards for qualifica- be subject to the requirements of title II of tion in firearms training as established by the Labor-Management Reporting and Dis- SA 4758. Mr. LEAHY submitted an the State to carry a firearm of the same type closure Act of 1959 (29 U.S.C. 432 et seq.) as if amendment intended to be proposed by as the concealed firearm; or such public safety labor organization was a him to the bill H.R. 980, to provide col- ‘‘(ii) if the State has not established such labor organization defined in section 3(i) of standards, standards set by any law enforce- such Act (29 U.S.C. 402(i)). lective bargaining rights for public ment agency within that State to carry a (c) APPLICATION.—Notwithstanding any safety officers employed by States or firearm of the same type as the concealed other provision of law, the provisions of this their political subdivisions; which was firearm.’’; and section shall apply to all States. ordered to lie on the table; as follows: (3) by adding at the end the following: SA 4756. Mr. VITTER submitted an At the end of the amendment, insert the ‘‘(f) In this section, the term ‘service with amendment intended to be proposed by following: a public agency as a law enforcement officer’ includes service as a law enforcement officer him to the bill H.R. 980, to provide col- TITLE ll—LAW ENFORCEMENT OFFICERS SAFETY ACT OF 2008 of the Amtrak Police Department or as a law lective bargaining rights for public enforcement or police officer of the execu- safety officers employed by States or SEC. 01. SHORT TITLE. This title may be cited as the ‘‘Law En- tive branch of the Federal Government.’’. their political subdivisions; which was forcement Officers Safety Act of 2008’’. ordered to lie on the table; as follows: SEC. 02. AMENDMENTS TO LAW ENFORCEMENT SA 4759. Mr. LEAHY (for himself, At the appropriate place in section 6, in- OFFICERS SAFETY PROVISIONS OF Mrs. CLINTON, Mr. CARDIN, and Mr. sert the following: TITLE 18. OBAMA) proposed an amendment to (l) The term ‘‘chief law enforcement offi- (a) IN GENERAL.—Section 926B of title 18, amendmend SA 4751 proposed by Mr. cer’’ means an elected sheriff who is identi- United States Code, is amended by adding at REID (for Mr. GREGG (for himself and fied in State law as the ex-officio Chief Law the end the following: Mr. KENNEDY)) to the bill H.R. 980, to Enforcement Officer of a law enforcement ‘‘(f) For purposes of this section, a law en- district. forcement officer of the Amtrak Police De- provide collective bargaining rights for At the appropriate place in section 8(a), in- partment or a law enforcement or police offi- public safety officers employed by sert the following: cer of the executive branch of the Federal States or their political subdivisions; ‘‘(l) to apply to a public safety agency Government qualifies as an employee of a as follows: that is established prior to the date of enact- governmental agency who is authorized by At the end of the amendment, insert the ment of this Act under applicable State law law to engage in or supervise the prevention, following: that has a chief law enforcement officer who detection, investigation, or prosecution of, has the authority to, in a manner inde- or the incarceration of any person for, any TITLE ll—BULLETPROOF VEST PART- pendent of other State and local entities, es- violation of law, and has statutory powers of NERSHIP GRANT AND HARDSHIP WAIV- tablish and maintain its own budget and levy arrest.’’. ER FOR MATCHING GRANT PROGRAM taxes for the operation of such agency;’’. (b) RETIRED LAW ENFORCEMENT OFFICERS.— FOR LAW ENFORCEMENT ARMOR VESTS Section 926C of title 18, United States Code, SEC. 01. REAUTHORIZATION OF BULLETPROOF SA 4757. Mr. VITTER submitted an is amended— VEST PARTNERSHIP GRANT . amendment intended to be proposed by (1) in subsection (c)— (a) SHORT TITLE.—This section may be him to the bill H.R. 980, to provide col- (A) in paragraph (3)(A), by striking ‘‘was cited as the ‘‘Bulletproof Vest Partnership lective bargaining rights for public regularly employed as a law enforcement of- Grant Act of 2008’’ safety officers employed by States or ficer for an aggregate of 15 years or more’’ (b) REAUTHORIZATION.—Section 1001(a)(23) their political subdivisions; which was and inserting ‘‘served as a law enforcement of title I of the Omnibus Crime Control and officer for an aggregate of 10 years or more’’; ordered to lie on the table; as follows: Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) (B) by striking paragraphs (4) and (5) and is amended by striking ‘‘2009’’ and inserting At the appropriate place, insert the fol- inserting the following: ‘‘2012’’. lowing: ‘‘(4) during the most recent 12-month pe- SEC. ll. RECIPROCITY FOR THE CARRYING OF SEC. 02. MATCHING GRANT PROGRAM FOR LAW riod, has met, at the expense of the indi- ENFORCEMENT ARMOR VESTS. CERTAIN CONCEALED FIREARMS. vidual, the standards for qualification in Section 2501(f) of part Y of title I of the (a) IN GENERAL.—Chapter 44 of title 18, firearms training for active law enforcement Omnibus Crime Control and Safe Streets Act United States Code, is amended by inserting officers as set by the officer’s former agency, of 1968 (42 U.S.C. 3796ll(f)) is amended by in- after section 926C the following: the State in which the officer resides or, if serting at the end the following: ‘‘§ 926D. Reciprocity for the carrying of cer- the State has not established such standards, ‘‘(3) WAIVER.—The Director may waive, in tain concealed firearms a law enforcement agency within the State whole or in part, the requirement of para- ‘‘Notwithstanding any provision of the law in which the officer resides;’’; and graph (1) in the case of fiscal hardship, as de- of any State or political subdivision thereof: (C) by redesignating paragraphs (6) and (7) termined by the Director.’’. ‘‘(1) A person who is not prohibited by Fed- as paragraphs (5) and (6), respectively; eral law from possessing, transporting, ship- (2) in subsection (d)— ping, or receiving a firearm, and is carrying (A) in paragraph (1), by striking ‘‘to meet SA 4760. Mr. ALEXANDER (for him- a valid license or permit which is issued pur- the standards established by the agency for self and Mr. CORKER) proposed an suant to the law of any State and which per- training and qualification for active law en- amendment to amendment SA 4751 pro- mits the person to carry a concealed firearm, forcement officers to carry a firearm of the posed by Mr. REID (for Mr. GREGG (for may carry in any State a concealed firearm same type as the concealed firearm; or’’ and himself and Mr. KENNEDY)) to the bill in accordance with the terms of the license inserting ‘‘to meet the active duty standards H.R. 980, to provide collective bar- or permit, subject to the laws of the State in for qualification in firearms training as es- gaining rights for public safety officers which the firearm is carried concerning spe- tablished by the agency to carry a firearm of cific types of locations in which firearms the same type as the concealed firearm or’’; employed by States or their political may not be carried. and subdivisions; as follows: ‘‘(2) A person who is not prohibited by Fed- (B) in paragraph (2)(B), by striking ‘‘that At the appropriate place, insert the fol- eral law from possessing, transporting, ship- indicates that the individual has, not less re- lowing:

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.054 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4119 SEC. ll. GUARANTEEING PUBLIC SAFETY AND AUTHORITY FOR COMMITTEES TO to meet during the session of the Sen- LOCAL CONTROL OF TAXES AND MEET ate, to conduct a hearing entitled ‘‘The SPENDING. Notwithstanding any State law or regula- COMMITTEE ON COMMERCE, SCIENCE, AND Bulletproof Vest Partnership Program: tion issued under section 5, no collective- TRANSPORTATION Protecting Our Nation’s Law Enforce- bargaining obligation may be imposed on Mr. REID. Mr. President, I ask unan- ment Officers’’ on Tuesday, May 13, any political subdivision or any public safety imous consent that the Committee on 2008, at 9:30 a.m., in room SD–226 of the employer, and no contractual provision may Commerce, Science, and Transpor- Dirksen Senate Office Building. be imposed on any political subdivision or tation be authorized to meet during The PRESIDING OFFICER. Without public safety employer, if either the prin- objection, it is so ordered. cipal administrative officer of such public the session of the Senate on Tuesday, SELECT COMMITTEE ON INTELLIGENCE safety employer, or the chief elected official May 13, 2008, at l0 a.m., in room 253 of of such political subdivision certifies that the Russell Senate Office Building. Mr. REID. Mr. President, I ask unan- the obligation, or any provision would be The PRESIDING OFFICER. Without imous consent that the Select Com- contrary to the best interests of public safe- objection, it is so ordered. mittee on Intelligence be authorized to ty; or would result in any increase in local COMMITTEE ON ENERGY AND NATURAL meet during the session of the Senate taxes, or would result in any decrease in the RESOURCES on May 13, 2008, at 2:30 p.m. to hold a level of public safety or other municipal Mr. REID. Mr. President, I ask unan- closed hearing. services. imous consent that the Committee on The PRESIDING OFFICER. Without SA 4761. Mr. CORKER proposed an Energy and Natural Resources be au- objection, it is so ordered. amendment to amendment SA 4751 pro- thorized to meet during the session of f posed by Mr. REID (for Mr. GREGG (for the Senate to conduct a hearing on 50TH ANNIVERSARY OF THE himself and Mr. KENNEDY)) to the bill Tuesday, May 13, 2008, at 9:45 a.m., in NORTH AMERICAN AEROSPACE H.R. 980, to provide collective bar- room SD366 of the Dirksen Senate Of- DEFENSE COMMAND fice Building. gaining rights for public safety officers Mr. SANDERS. Mr. President, I ask employed by States or their political The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that the Senate subdivisions; as follows: now proceed to the consideration of S. COMMITTEE ON ENVIRONMENT AND PUBLIC At the appropriate place, insert the fol- Res. 561, which was submitted earlier lowing: WORKS Mr. REID. Mr. President, I ask unan- today. SEC. ll. STATE EXEMPTION. The PRESIDING OFFICER. The imous consent that the Committee on Notwithstanding any other provision of clerk will report the resolution by this Act, the provisions of this Act shall not Environment and Public Works be au- title. apply to a State (or political subdivision) thorized to meet during the session of The legislative clerk read as follows: that, within 1 year of the date of enactment the Senate on Tuesday, May 13, 2008 at of this Act, enacts a law that specifically re- 10 a.m. in room 406 of the Dirksen Sen- A resolution (S. Res. 561) commemorating futes the provisions of this Act. the 50th anniversary of the North American ate Office Building to hold a hearing Aerospace Defense Command. f entitled, ‘‘Hearing on Mercury Legisla- There being no objection, the Senate tion.’’ NOTICES OF HEARINGS proceeded to consider the resolution. The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL Mr. ALLARD. Mr. President, I rise to objection, it is so ordered. RESOURCES commemorate the 50th anniversary of Mr. BINGAMAN. Mr. President, I COMMITTEE ON FINANCE the signing of the North American would like to announce for the infor- Mr. REID. Mr. President, I ask unan- Aerospace Defense Command Agree- mation of the Senate and the public imous consent that the Committee on ment between the United States and that an oversight hearing has been Finance be authorized to meet during Canada. For my State of Colorado, scheduled. The hearing will be held on the session of the Senate on Tuesday, today is an especially proud and grati- Tuesday, May 20, 2008, at 10 a.m., in May 13, 2008, at 10 a.m., in 215 Dirksen fying occasion as it is home to the room SD–366 of the Dirksen Senate Of- Senate Office Building, to conduct a headquarters of the North American fice Building. hearing entitled ‘‘Cracking the Code— Aerospace Defense Command, located The purpose of this hearing is to re- Tax Reform for Individuals’’. at Peterson Air Force Base in Colorado ceive testimony on Energy and Related The PRESIDING OFFICER. Without Springs. Economic Effects of Global Climate objection, it is so ordered. On May 12, 1958, the United States Change Legislation. COMMITTEE ON FOREIGN RELATIONS and Canada signed an official agree- Because of the limited time available Mr. REID. Mr. President, I ask unan- ment creating the unique and fully infor the hearing, witnesses may testify imous consent that the Committee on tegrated binational North American by invitation only. However, those Foreign Relations be authorized to Aerospace Defense Command, com- wishing to submit written testimony meet during the session of the Senate monly known as NORAD. Administered for the hearing record should send it to on Tuesday, May 13, 2008, at 10:15 a.m., by the United States Air Force in con- the Committee on Energy and Natural in room 407 of the Capitol Building, to junction with Canadian Forces, Resources, United States Senate, conduct a closed briefing titled ‘‘U.S. NORAD is a premier military command Washington, DC 20510–6150, or by e-mail Policy Towards Sudan.’’ that uses the most innovative tech- to [email protected]. The PRESIDING OFFICER. Without nology and equipment to secure our For further information, please con- objection, it is so ordered. skies. Today, 50 years after its incep- tact Gina Weinstock at (202) 224–5684 or COMMITTEE ON INDIAN AFFAIRS tion, we honor NORAD and pay tribute Jonathan Black at (202) 224–6722. Mr. REID. Mr. President, I ask unan- to the men and women who have served COMMITTEE ON ENERGY AND NATURAL imous consent that the Committee on and continue to serve NORAD’s mis- RESOURCES Indian Affairs be authorized to meet on sion with humility and distinction. To Mr. BINGAMAN. Mr. President, I Tuesday, May 13, at 2:30 p.m. in Room these American and Canadian service- would like to advise you that the hear- 562 of the Dirksen Senate Office Build- members, I say thank you. ing scheduled before the Senate Com- ing to conduct a hearing entitled ‘‘The For five decades, NORAD’s mission mittee on Energy and Natural Re- Successes and Shortfalls of Title IV of has been to prevent air attacks against sources, for Tuesday, May 20, 2008, at 10 the Indian Self-Determination and North America and safeguard the sov- a.m., in room SD–366 of the Dirksen Education Assistance Act: Twenty ereign airspaces of the United States Senate Office Building regarding the Years of Self-Governance’’. and Canada by responding to unknown, Territorial Energy Assessment as up- The PRESIDING OFFICER. Without unwanted and unauthorized air activ- dated pursuant to EPACT 05 has been objection, it is so ordered. ity approaching or operating within postponed. COMMITTEE ON THE JUDICIARY our airspaces. In more recent years, For further information, please con- Mr. REID. Mr. President, I ask unan- NORAD’s mission has evolved to in- tact Allen Stayman at (202) 224–7865 or imous consent that the Senate Com- clude collaborative efforts with civil- Rosemarie Calabro at (202) 224–5039. mittee on the Judiciary be authorized ian law enforcement officers to detect

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.056 S13MYPT1 smartinez on PROD1PC64 with SENATE S4120 CONGRESSIONAL RECORD — SENATE May 13, 2008 and monitor aircraft suspected of traf- The PRESIDING OFFICER. Without Whereas the horrific events of September ficking illegal drugs to North America. objection, it is so ordered. 11, 2001, demonstrated the North American In addition, NORAD has developed a The resolution (S. Res. 561) was Aerospace Defense Command’s continued rel- system to help our homeland defense agreed to. evance to North American security; Whereas, since 2001, the Continental and security partners observe North The preamble was agreed to. NORAD region, which is divided into 2 de- American seas and to warn of en- The resolution, with its preamble, fense sectors—the Western Defense Sector, croaching maritime threats. In pursuit reads as follows: with its headquarters located at McChord of these missions, NORAD has achieved S. RES. 561 Air Force Base, Washington, and the Eastern remarkable success. Whereas, on May 12, 1958, the United States Defense Sector, with its headquarters lo- Over the years NORAD has strength- and Canada signed an official agreement cre- cated at Rome, New York—has been the lead ened the venerable relationship be- ating the bi-national North American Aero- agency for Operation Noble Eagle, an ongo- tween the United States and Canada. It space Defense Command (NORAD) and for- ing mission to protect the continental has been a source of stability for our mally acknowledged their mutual commit- United States from further airborne aggres- ment to defending their citizens from air at- sion from inside and outside of America’s two nations during good times and bad. borders; Throughout the turbulent Cold War, tacks; Whereas 2008 marks the 50th anniversary of Whereas, in the spring of 2003, North Amer- and now in the midst of the war on ter- the creation of the North American Aero- ican Aerospace Defense Command fighters ror, NORAD is responsible for contin- space Defense Command and the outstanding based at Tyndall Air Force Base, Florida, ually bringing together bright and cou- efforts of American and Canadian service intercepted 2 hijacked aircraft that origi- rageous minds to help detect, deter and men and women defending North America; nated in Cuba and escorted them to Key defend against lethal threats to the Whereas the North American Aerospace West, Florida; North American continent. Further- Defense Command is a unique and fully inte- Whereas the continued service with valor grated bi-national United States and Cana- and honor of American and Canadian men more, NORAD has become a model for and women serving at the North American international defense cooperation. It dian command; Whereas the North American Aerospace Aerospace Defense Command is central to has allowed for the necessary enhance- Defense Command is headquartered at Peter- North America’s ability to confront and suc- ment of information and intelligence son Air Force Base in Colorado Springs, Col- cessfully defeat threats of the 21st century; sharing between Canadian and Amer- orado, and administered by the United and ican militaries, intelligence agencies, States Air Force, with 3 subordinate regional Whereas the continuation of the long- and other security organizations. centers located at Elmendorf Air Force Base, standing and successful relationship between Twenty four hours a day, 7 days a Alaska, Tyndall Air Force Base, Florida, and the United States and Canada through the Canadian Forces Base, Winnipeg, Manitoba; North American Aerospace Defense Com- week, NORAD units all over North mand is paramount to the future security of America are alert, prepared and Whereas the mission of the North Amer- ican Aerospace Defense Command is to ‘‘pre- the people of the United States and Canada: equipped to take action to defend our vent air attacks against North America, Now, therefore, be it continent and to safeguard our free- safeguard the sovereign airspaces of the Resolved, That the Senate— doms. United States and Canada by responding to (1) recognizes the contributions made by Throughout my nearly 18 years in the unknown, unwanted, and unauthorized air the North American Aerospace Defense Com- U.S. Congress, I have spent quite a bit activity approaching and operating within mand to the security of North America; and of time with the commanders at those airspaces, and provide aerospace and (2) commemorates 50 years of excellence maritime warning for North America’’; and distinctive service to the United States NORAD, and each time we visit I am and Canada. encouraged by their efforts and re- Whereas, through joint support arrangements with other commands, the North minded of why America is, and will al- f American Aerospace Defense Command, in- HONORING CONCERNS OF POLICE ways be, great. With the safety and se- cluding United States Strategic Command at curity of America entrusted to institu- Offutt Air Force Base, Nebraska, detects, SURVIVORS tions like NORAD and to the brave validates, and warns of attacks against Mr. SANDERS. Mr. President, I ask men and women of our armed forces, I North America whether by aircraft, missile, unanimous consent that the Senate am confident that America will be pro- or space vehicle; now proceed to the consideration of S. tected for generations to come. Whereas the North American Aerospace Res. 562, which was submitted earlier Defense Command and United States North- Especially since the horrific events today. of September 11, 2001, and the launch of ern Command (USNORTHCOM) joint command center serves as a central collection The PRESIDING OFFICER. The the war on terror, the continued re- and coordination site for a worldwide system clerk will report the resolution by solve of the United States and Canada of sensors designed to provide the com- title. to pay any cost to face any foe is more mander and the governments of Canada and The legislative clerk read as follows: relevant than ever. If we are to remain the United States with an accurate picture A resolution (S. Res. 562) honoring Con- sovereign and free, America and Can- of any aerospace threat; cerns of Police Survivors as the organization ada must continue to adapt to a chang- Whereas the commander of the North begins its 25th year of service to family ing world and respond effectively to American Aerospace Defense Command pro- members of law enforcement officers killed evolving threats. I am confident in our vides integrated tactical warning and attack in the line of duty. assessments to the governments of the There being no objection, the Senate ability to do so. Through NORAD and United States and Canada; other binational partnerships, America Whereas the North American Aerospace proceeded to consider the resolution. and Canada will jointly and efficiently Defense Command uses a network of sat- Ms. MURKOWSKI. Mr. President, our combat any threat we confront in the ellites, ground-based and airborne radar, Nation is blessed by the selfless service 21st century. fighters and helicopters, and ground-based of more than 26 million Americans who Today, as a nation, we honor the leg- air defense systems to detect, intercept, and, come to the aid of their fellow citizens acy and achievements of the North if necessary, engage any air-breathing through countless volunteer organiza- American Aerospace Defense Com- threats to North America; tions at the national, State and local mand, and we look forward to another Whereas North American Aerospace De- levels. Some of these organizations are fense Command assists in the detection and half century of this successful partner- monitoring of aircraft suspected of illegal household names, like the American ship so that NORAD can continue to drug trafficking; Legion, Scouting, the American Red provide for the protection of our air- Whereas the Alaskan NORAD Region lo- Cross, and the American Cancer Soci- space and our homeland. I offer my sin- cated at Elmendorf Air Force Base is sup- ety. Others perform their good work in cere congratulations to the North ported by both the Eleventh Air Force and relative obscurity. American Aerospace Defense Command Air National Guard units; This week, on the occasion of Na- for 50 years of extraordinary service to Whereas the May 2006 North American tional Police Week, I rise to acknowl- the United States and Canada. Aerospace Defense Command Agreement re- edge the good work of a voluntary or- Mr. SANDERS. Mr. President, I ask newal added a maritime warning mission to ganization that few outside the law en- its slate of responsibilities, which entails a unanimous consent that the resolution shared awareness and understanding of the forcement community may ever have be agreed to, the preamble be agreed ongoing activities conducted in United heard of. But for those in the law en- to, and the motions to reconsider be States and Canadian maritime approaches, forcement community, it is the organi- laid upon the table. maritime areas, and inland waterways; zation to which families turn in times

VerDate Aug 31 2005 02:22 May 14, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.081 S13MYPT1 smartinez on PROD1PC64 with SENATE May 13, 2008 CONGRESSIONAL RECORD — SENATE S4121 of tragedy. I am referring to Concerns tury of service it has provided to law Mr. SANDERS. Mr. President, I now of Police Survivors, C.O.P.S. It serves enforcement families that have suf- ask for its second reading and object to some 15,000 surviving family members fered a line of duty death. my own request. of law enforcement tragedies. I know first hand of two Alaska fami- The PRESIDING OFFICER. Objec- Last year, 181 law enforcement offi- lies whose lives have been touched by tion is heard. The bill will be read a cers were killed in the line of duty. the good works of Concerns of Police second time on the next legislative Their names are being added to the Na- Survivors. They have touched families day. tional Law Enforcement Officers Me- in every one of our States. Concerns of f morial on Judiciary Square this week, Police Survivors does not seek recogni- ORDERS FOR WEDNESDAY, MAY 14, bringing the total number of names on tion for its good works and it’s not a 2008 that memorial to 18,274. This evening, household name. But it has certainly the annual candlelight vigil is being earned our respect and admiration. On Mr. SANDERS. Mr. President, I ask held at the memorial to honor our fall- the occasion of its 25th anniversary I unanimous consent that when the Sen- en law enforcement officers and on am pleased to call this organization’s ate completes its business today, it Thursday, Peace Officers Memorial fine work to the attention of the Sen- stand adjourned until 9:30 a.m. tomor- Day, another ceremony will be held at ate and the American people. row, May 14; that following the prayer the Capitol. These ceremonies are visi- Mr. SANDERS. Mr. President, I ask and pledge, the Journal of proceedings ble to all of us. They are attended by unanimous consent that the resolution be approved to date, the morning hour be deemed expired, the time for the two law enforcement officers from around be agreed to, the preamble be agreed leaders be reserved for their use later the Nation and the surviving family to, and the motions to reconsider be in the day, and there then be a period members of our fallen law enforcement laid upon the table. for morning business for up to 1 hour, officers. The PRESIDING OFFICER. Without with the time to be equally divided and But there is another event that oc- objection, it is so ordered. controlled between the two leaders or curs every year during National Police The resolution (S. Res. 562) was their designees, with the majority con- Week that few know about. That event agreed to. trolling the first half and the Repub- is the National Police Survivors Sem- The preamble was agreed to. licans controlling the final half; fur- inar which is underway at a hotel in The resolution, with its preamble, ther, I ask that following morning Alexandria, VA. I had the privilege of reads as follows: visiting the National Police Survivors business, the Senate resume consider- S. RES. 562 ation of H.R. 980, collective bargaining. Seminar one Saturday morning in 2006. Whereas Concerns of Police Survivors has It is a peaceful place and a safe place The PRESIDING OFFICER. Without showed the highest amount of concern and objection, it is so ordered. where families of fallen law enforce- respect for tens of thousands of family mem- ment officers can laugh, cry, grieve, bers of officers killed in the line of duty; f and heal in the presence of others who Whereas those families bear the most im- ADJOURNMENT UNTIL 9:30 A.M. have suffered similar losses. There are mediate and profound burden of the absences TOMORROW of their loved ones; special programs for children of fallen Mr. SANDERS. Mr. President, if law enforcement officers known as Whereas Concerns of Police Survivors is starting its 25th year as a bedrock of there is no further business to come be- ‘‘C.O.P.S. Kids’’ and ‘‘C.O.P.S Teens.’’ strength for the families of the Nation’s lost fore the Senate, I ask unanimous con- The National Police Survivors Sem- heroes; sent that it stand adjourned under the inar is the outgrowth of a dinner that Whereas it is essential that the Nation rec- previous order. occurred 25 years ago on May 14, 2003. ognize the contributions of Concerns of Po- There being no objection, the Senate, At this dinner 10 widows of fallen law lice Survivors to those families; and at 6:39 p.m., adjourned until Wednes- enforcement officers came together to Whereas National Police Week, observed day, May 14, 2008, at 9:30 a.m. ask the question, ‘‘What about us?’’ each year in the week containing May 15, is During the National Police Week gath- the most appropriate time to honor Concerns f erings, everyone focuses on the loved of Police Survivors: Now, therefore, be it NOMINATIONS Resolved, That the Senate— one whose life is lost, but it also is im- (1) recognizes and thanks Concerns of Po- Executive nominations received by portant to focus on the needs of sur- lice Survivors for assisting in the rebuilding the Senate: vivors who must rebuild their lives of the lives of family members of law en- DEPARTMENT OF STATE from the ashes. forcement officers killed in the line of duty JOHN R. BEYRLE, OF MICHIGAN, A CAREER MEMBER OF One year later, the first National Po- across the United States; THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- lice Survivors Seminar was convened. (2) honors Concerns of Police Survivors and COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA It drew 110 law enforcement survivors. recognizes the organization as it begins its TO THE RUSSIAN FEDERATION. Concerns of Police Survivors was cre- 25th year of service to the families of the ROSEMARY ANNE DICARLO, OF THE DISTRICT OF CO- LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN ated at that first seminar. Suzie Saw- fallen heroes of the Nation; (3) urges the people of the United States to SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AL- yer was selected to be the first Execu- TERNATE REPRESENTATIVE OF THE UNITED STATES OF join with the Senate in thanking Concerns of AMERICA FOR SPECIAL POLITICAL AFFAIRS IN THE tive Director of Concerns of Police Sur- Police Survivors; and UNITED NATIONS, WITH THE RANK OF AMBASSADOR. vivors, a position she still holds today. ROSEMARY ANNE DICARLO, OF THE DISTRICT OF CO- (4) recognizes with great appreciation the LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN Some things have changed though. The sacrifices made by police families and SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AN AL- National Police Survivors Seminar no thanks them for providing essential support TERNATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY longer draws hundreds now it draws to one another. OF THE UNITED NATIONS DURING HER TENURE OF SERV- thousands. That is both a tragedy and ICE AS ALTERNATE REPRESENTATIVE OF THE UNITED f STATES OF AMERICA FOR SPECIAL POLITICAL AFFAIRS a blessing. It is a tragedy that so many IN THE UNITED NATIONS. law enforcement families have been MEASURE READ THE FIRST CAROL ANN RODLEY, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- touched by a line of duty death. It is a TIME—S.J. RES. 32 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND blessing that the volunteers of Con- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA Mr. SANDERS. Mr. President, I un- TO THE KINGDOM OF CAMBODIA. cerns of Police Survivors are there derstand that S.J. Res. 32, introduced IN THE COAST GUARD looking out for them. This is but one of earlier today, is at the desk. I ask for THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- many programs that Concerns of Police its first reading. MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- Survivors offers to survivors through- The PRESIDING OFFICER. The CER IN THE UNITED STATES COAST GUARD IN THE out the year. GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: clerk will report the resolution by To be lieutenant Tomorrow marks the 25th anniver- title. JEFFREY R. PLATT sary of that dinner meeting that The legislative clerk read as follows: launched Concerns of Police Survivors. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- A resolution (S.J. Res. 32) limiting the MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- I rise today to offer a resolution com- issuance of a letter of offer with respect to a CER IN THE UNITED STATES COAST GUARD IN THE memorating the 25th anniversary of certain proposed sale of defense articles and GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: that meeting and to honor Concerns of defense services to the Kingdom of Saudi To be lieutenant commander Police Survivors for the quarter cen- Arabia. EILEEN M. LUTKENHOUSE

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IN THE AIR FORCE FRANK J. NOCILLA To be commander THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- IN THE ARMY ROBERT W. STOUSE MENT TO THE GRADE INDICATED IN THE REGULAR AIR THE FOLLOWING NAMED OFFICER TO THE GRADE INDI- PAUL J. TECH FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): CATED IN THE UNITED STATES ARMY AS A CHAPLAIN To be major UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: To be lieutenant commander MARY J. BERNHEIM To be major DANEIL K. CLOUSER KIMBERLEY W. COLEMAN JOHN D. DOTSON JAMES K. MCNEELY KELLI C. MACK JASON C. KEDZIERSKI IN THE NAVY THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MENT TO THE GRADES INDICATED IN THE REGULAR AIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADES INDICATED IN THE UNITED STATES FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): TO THE GRADE INDICATED IN THE UNITED STATES NAVY NAVY UNDER TITLE 10, U.S.C., SECTION 531: UNDER TITLE 10, U.S.C., SECTION 624: To be colonel To be captain To be lieutenant commander JAMES E. OSTRANDER ROBERT D. YOUNGER To be major DAVID R. EGGLESTON To be lieutenant commander LEE A. BAGGOT THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- RICHARD B. BRINKER POINTMENT IN THE GRADES INDICATED IN THE UNITED KENNETH A. FORD SCOTT L. DIERING STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: MATTHEW T. GEISER CURTIS W. GALES To be captain KAREN L. LITTLE RAYMOND R. GILBERT NANCY H. OSBORNE BRUNO KALDE KATHERINE A. ISGRIG JEFFREY W. WILLIS

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