Congressional Record—Senate S5136
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S5136 CONGRESSIONAL RECORD — SENATE June 5, 2008 his last 2 years, and the nominations amendment, a third on an inter- steel market. This will put our industry at a were gridlocked, and slowed down. national competitiveness amendment, serious disadvantage and likely send jobs Similarly, with President Bush the and a fourth on process gas emissions. overseas actually increasing emissions from steelmaking in non-carbon-reducing nations. first, the last 2 years were slowed There being no objection, the mate- down, and then other devices and pro- rial was ordered to be printed in the Mr. SPECTER. But there is no way cedures were employed during the last RECORD, as follows: to get 60 votes to impose cloture unless we find a way to allow Senators to 2 years of President Clinton’s adminis- SPECTER AMENDMENTS TO LIEBERMAN- tration, procedures employed by the WARNER BILL offer their amendments. Finally, I ask unanimous consent Republican caucus. As I have said on a As I stated on the Senate floor on Tuesday, that the full text of a floor statement number of occasions, I think the Re- it was my intention to offer amendments; of mine on the New England Patriots publican caucus was wrong. I said so, It is very disappointing that the Majority Leaders has opted to move to cloture on the videotaping of NFL football games be and I voted so, in support of President Boxer substitute without allowing consider- printed in the CONGRESSIONAL RECORD Clinton’s nominations. And now, I ation of amendments; as if read in full on the Senate floor. think the Democratic caucus is wrong I have played a constructive role in this There being no objection, the mate- in what the Democratic caucus is debate in an attempt to improve the bill and rial was ordered to be printed in the enter into a substantive discussion with my doing. RECORD, as follows: I am not going to get into all of the colleagues; SENATE FLOOR STATEMENT ON THE NEW nuances of the so-called ‘‘deal’’ about Since there will be no votes on amend- ments, I will instead file my amendments for ENGLAND PATRIOTS VIDEOTAPING the confirmation of three circuit public scrutiny until the next opportunity to (By Arlen Specter, June 5, 2008) judges before Memorial Day, but that debate this important issue; With the Memorial Day Recess and the deal could have been accomplished had Emissions Caps/Targets Amendment.—This cancellation of my west coast fundraising the judges waiting in line the longest amendment substitutes the Bingaman-Spec- trip due to my recurrence of Hodgkin’s, been processed as opposed to judges ter emissions caps in place of the Lieberman- there was time to review and reflect on the who had not had their investigations Warner caps. I have serious concerns that issues and comments on the New England done and had not had their ABA clear- the emissions limits are not aligned with Patriots’ videotaping and to prepare a sum- necessary technologies. If I had a comfort ances. mary for entry into the Congressional level with the ability of our nation to meet Record for future reference. But, all of that is prologue, as I see these targets, I could support them, but I re- it. During an Judiciary executive com- BACKGROUND: TWO QUESTIONS; NO ANSWERS; main unconvinced. NO INITIAL INTENT FOR AN INVESTIGATION mittee meeting, before the recess, I Lieberman-Warner Bingaman-Specter When I made my first inquiry of the NFL said publicly that I hoped to sit down on the videotaping, there was no intent to with this chairman to try to work In 2012, limits to 2005 levels .......... In 2012, limits to 2012 levels. initiate an investigation. After reading through this. We had a meeting sched- In 2020, limits to 15% below 2005 In 2020, limits to 2006 levels. about the Patriots’ videotaping of the Jets (1990 levels). uled yesterday, and we are going to sit In 2030, limits to 30% below 2005 In 2030, limits to 1990 levels. September 9, 2007 game, I wrote Commis- down this afternoon. So it is my hope In 2050, limits to 71% below 2005 In 2050 calls for at least 60% sioner Roger Goodell by letter dated Novem- below 2006 levels, contingent on ber 15, 2007, shortly before the Patriots were we will find a way through this thick- international effort. et. scheduled to play the Philadelphia Eagles, Cost-Containment Safety-Valve Amend- asking if there had been any evidence of I have proposed a protocol where we videotaping of the 2005 Super Bowl between would have a hearing so many days ment.—This amendment would insert the Bingaman-Specter so-called ‘‘safety valve’’ the Eagles and the Patriots: after a nomination; then so many days Dear Commissioner Goodell: later, we would have executive com- or Technology Accelerator Payment mecha- nism into the Lieberman-Warner bill. That With the New England Patriots about to mittee action; then so many days later, provision provides a price-capped option for play the Philadelphia Eagles again, as they floor action. purchasing emissions allowances from the did in the Super Bowl in January 2005, I I think it is time that we reexamined government when the market price rises too would appreciate your advising me what the blue slip situation, a concept where high. Starting at $12 per ton in 2012 and ris- your investigation showed, if anything, on the question of the Patriots stealing Eagles’ an individual who was personally ob- ing 5% over inflation annually, this is an im- signals during that Super Bowl game. portant protection for the economy. I am noxious to a given Senator was ob- I had thought there would be some addi- jected to. Well, I have grave questions open to considering a different price level, tional disclosures following your initial about that standard for excluding peo- but it is a fundamentally important provi- sanction on the Patriots and Coach sion. If this mechanism is triggered, all of ple. I think it ought to be a matter of Belichick, but I did not see anything further the funds collected through the purchase of so I would like a response on this specific whether they are publicly obnoxious, allowances would be invested directly in but, what we ought to do is we ought to question. zero- and low-carbon technologies to accel- Sincerely, vote; we ought to bring these people to erate our ability to reduce emissions. ARLEN SPECTER. the floor for a vote. International Competitiveness Amend- ment.—This amendment takes a number of I received no answer. When I later read f steps to further refine the excellent proposal about the NFL’s destruction of the video- GLOBAL WARMING that was first included in the Bingaman- tapes, I wrote again by letter dated Decem- ber 19, 2007: Mr. SPECTER. Mr. President, I am Specter bill to require purchase of emissions allowances by importers of goods into the Dear Commissioner Goodell: sorry to see that the majority leader U.S. from countries which are not taking More than a month has passed since I has filled the tree on the global warm- comparable action on climate change. The wrote to you on November 15, 2007 con- ing bill. There is no way we are going amendment seeks to better define ‘‘com- cerning the issue of the New England Patri- to move ahead on this legislation, as I parable action.’’ It also makes the effective ots spying on the Philadelphia Eagles on their 2005 Super Bowl game. I would appre- have stated before on the floor, if we date for import allowances the same as the ciate a prompt response. effective date for domestic producers (2012). are not permitted to offer amendments. I was surprised to read in the New York I think there is general agreement, Further, it applies the import allowance pro- Times on December 16th that the NFL had although there are still some dis- gram to all countries, including those with destroyed the tapes on the Patriots spying. senters, that we need to do something. ‘‘de minimis’’ emissions levels. Finally, it Is that true? equalizes the ability of importers to submit The same New York Times story also con- We have the Warner-Lieberman bill. I foreign credits and allowances to the same 15 think it has objectives which are not tained the author’s surmising that there was percent limit for which domestic producers more than one copy because of the general technologically obtainable, which are may use. practice of not having a single copy of any- too difficult on the U.S. economy, and Process Gas Emissions Amendment.—This thing. Was there a second copy? Is it possible have joined with Senator BINGAMAN on amendment exempts process gas emissions to retrieve a copy? alternative legislation. from ironmaking, steelmaking, steel recy- Candidly, the destruction of the tapes is, in I ask unanimous consent that the cling, and coke processes. There are cur- my opinion, highly suspicious. I would appre- rently insufficient technological options to ciate your reply as to the scope of your in- statement regarding a number of make virgin steel without emitting carbon amendments which I had proposed to vestigation and your findings on the number dioxide from the use of coal and coke. There- of times the Patriots spied and on whom. introduce be printed in the RECORD, fore, requiring submission of allowances will I share the concern that your treatment of one on emissions caps/targets, a second only raise the cost of domestic steel in a the Patriots and Coach Belichick was insuffi- on a cost-containment safety-valve highly competitive and unforgiving global cient.