E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, THURSDAY, JULY 31, 2008 No. 129 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARK L. PRYOR, a trolled between the two leaders or called to order by the Honorable MARK Senator from the State of Arkansas, to per- their designees, with Senators per- L. PRYOR, a Senator from the State of form the duties of the Chair. mitted to speak therein for up to 10 Arkansas. ROBERT C. BYRD, minutes each, with the majority con- President pro tempore. trolling the first half of the time and PRAYER Mr. PRYOR thereupon assumed the the Republicans controlling the second chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- half. fered the following prayer: f The Senator from Wisconsin. Let us pray. RECOGNITION OF THE MAJORITY f Loving God, our mighty rock and for- LEADER tress, we have no secrets from You. You know us far better than we know The ACTING PRESIDENT pro tem- Mr. FEINGOLD. Mr. President, I rise ourselves. Help the Members of this pore. The majority leader is recog- to express my deep concern about the body to humble themselves before You nized. continued crisis in Somalia and my and find in Your love a very present f dismay at the failure of the United States and also the international com- help in times of trouble. Touch every SCHEDULE person in the Senate with grace and munity to give this situation the at- love and healing. Forgive and restore Mr. REID. Mr. President, following tention and resources it deserves. wherever there is need in heart and of- leader remarks, if any, there will be a Time and again, I have called for a fice and home. Help us to see that it is period of morning business until 10:30, comprehensive, coordinated U.S. strat- our weakness that qualifies us for Your for 1 hour, with Senators permitted to egy to bring security and stability to strength. speak for up to 10 minutes each. The Somalia. Yet despite Somalia’s contin- Lord, we commit this day to live and majority will control the first half, the ued collapse, the administration has work for You, inviting the indwelling Republicans the second half. Following clung to a clumsy set of tactics that power of Your spirit to control our morning business, the Senate will re- have done little to quell the relentless minds and give us discernment. We sume consideration of the motion to violence or to enhance our own na- pray in the Name of Him who never proceed to S. 3001, the Department of tional security. fails to supply our needs. Amen. Defense authorization bill. The time According to the U.N. High Commis- from 10:30 until 12:30 will be controlled f sioner on and the U.N.’s in alternating 30-minute blocks of time Under Secretary General for Humani- PLEDGE OF ALLEGIANCE between the majority and Republican tarian Affairs, the crisis in Somalia The Honorable MARK L. PRYOR led sides, with the Republicans controlling has become the world’s worst humani- the Pledge of Allegiance, as follows: the first 30 minutes. We hope to be tarian crisis. Yes, let me repeat that: I pledge allegiance to the Flag of the able, later today, to turn to the Con- the world’s worst humanitarian crisis. United States of America, and to the Repub- sumer Product Safety Commission con- Ongoing violence, a poor harvest, lic for which it stands, one nation under God, ference report and the higher education drought, rising food prices, and sky- indivisible, with liberty and justice for all. conference report. We assume there rocketing inflation have created a per- f could be votes throughout the day. fect storm. Over 2.6 million or 35 per- APPOINTMENT OF ACTING f cent of Somalis are currently in need PRESIDENT PRO TEMPORE of aid, with that number likely to in- RESERVATION OF LEADER TIME crease to 3.5 million or nearly 50 per- The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- cent of the population by the end of the clerk will please read a communication pore. Under the previous order, the year. Simultaneously, the fighting has to the Senate from the President pro leadership time is reserved. forced an estimated 1 million Somalis tempore (Mr. BYRD). f from their homes into overcrowded and The legislative clerk read the fol- squalid camps both within the country lowing letter: MORNING BUSINESS and in northern Kenya and Ethiopia. U.S. SENATE, The ACTING PRESIDENT pro tem- In the midst of this disaster, those PRESIDENT PRO TEMPORE, Washington, DC, July 31, 2008. pore. Under the previous order, there individuals working courageously to To the Senate: will now be a period for the transaction provide aid to the battered population Under the provisions of rule I, paragraph 3, of morning business until 10:30 a.m., have themselves become targets. I have of the Standing Rules of the Senate, I hereby with the time equally divided and con- been deeply troubled by the recent

∑ 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 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7806 CONGRESSIONAL RECORD — SENATE July 31, 2008 killings of aid workers, including the active effort to hold accountable all tragic day, and our front-line dip- head of the U.N. Development Program those who perpetrate violence and vio- lomats continue to pay the price as in Mogadishu and three Somali elders late human rights. This includes they scramble to respond to the prob- who were shot while they were distrib- strengthening the existing arms em- lems of weak states caught up in a vi- uting food to displaced communities. bargo and pressuring regional actors cious and turbulent cycle of collapse. According to , at who undermine a sustainable political They aren’t the only ones paying the least 20 aid workers have been killed solution. It won’t be easy, but it is crit- price, however, as those failed states and 17 kidnapped since January. This is ical to begin laying the groundwork for breed insecurity and conditions favor- unacceptable. The international com- long-term peace and security. able for terrorism. Ten years on, the munity, with the U.S. leading the way, The need to bring stability to Soma- United States still does not have a must make clear that attacks on hu- lia is imperative not only to avert hu- long-term strategy to bring peace and manitarian workers will not be toler- manitarian catastrophe, but also for stability to the Horn of Africa. We ated. Moreover, we must make sure our national security. Next week, on have tremendous diplomatic, military, that aid agencies, including the World , we will commemorate the 10- intelligence, and foreign assistance re- Food Program, have sufficient re- year anniversary of the terrorist at- sources at our disposal, but they are sources to respond to the escalating tacks on the U.S. Embassies in Nairobi ineffective in the absence of a coordi- needs on the ground. and Dar-es-Salaam, which left 224 peo- nated and balanced strategy that in- Humanitarian assistance, however, ple dead, including 12 U.S. citizens and corporates both the short- and long- only stops the bleeding temporarily. dozens of other Embassy employees. term goals. This is no more evident Transforming the underlying causes of That was a tragic day in American his- than in Somalia. Somalia’s instability requires a polit- tory. While some of those responsible It is not too late to chart a new path ical solution leading to a national gov- have been brought to justice, there is and prevent future suffering, but we ernment that is both representative still work to be done to ensure that the must act decisively. As we remember and reconciliatory. As I said shortly remaining suspects are held to account those who lost their lives 10 years ago, after it was brokered last month, the for their involvement in these heinous many doing diplomatic work in some of Djibouti agreement—between the Tran- acts and that victims receive fair and the most demanding postings in the sitional Federal Government and a just compensation. world, let us commit to honor their moderate faction of the opposition Meanwhile, Somalia remains a safe legacy by ensuring that our country is group for the Alliance for the Re-Lib- haven for terrorists, as we know from no longer vulnerable to the terrorists eration of Somalia, ARS—was a posi- the recent designation of the al- who attacked us a decade ago. tive step forward. I applaud the U.N. Shabaab and periodic Defense Depart- Mr. President, I yield the floor. Representative of the Secretary Gen- ment strikes against terrorist targets. f eral for taking a lead role and the U.S. But neither these strikes, nor other ad Special Envoy for Somalia, Ambas- hoc or fragmented actions, can sub- RECOGNITION OF THE MINORITY sador John Yates, for ensuring the U.S. stitute for a sustained, comprehensive LEADER was actively involved—but now it is strategy. We must act aggressively The ACTING PRESIDENT pro tem- time to get down to business. against terrorists who pose a threat to pore. The Republican leader is recog- I am concerned by the slow progress our country, but it will take more than nized. of implementation. Rather than mov- just military options alone to solve So- ing quickly to shore up that agreement malia’s problems. Instead of helping to f and injecting the necessary diplomatic build a society committed to the devel- HONORING OUR ARMED FORCES resources, the international commu- opment of legitimate democratic insti- SPECIALIST JASON E. AMES nity has remained in a wait-and-see tutions, we are effectively allowing So- posture. This has allowed al-Shabaab malia to serve as a recruitment tool for Mr. MCCONNELL. Mr. President, my and other spoilers to undermine the le- insurgents and extremists as they fur- home State of Kentucky is mourning gitimacy of the agreement and divide ther isolate various groups from the the loss of a brave young soldier. On the opposition party, rather than the current political process. This is what , 2005, SPC Jason E. Ames other way around. the State Department itself said this was killed while serving his country in I have repeatedly called on the ad- past April about safe havens in places Mosul, . Hailing from Cerulean, ministration to develop a long-term like Somalia: KY, Specialist Ames was 21 years old. For his valor in uniform, Specialist comprehensive regional strategy to- Defeating the terrorist enemy requires a ward Somalia backed by sufficient re- comprehensive effort executed locally, na- Ames received several medals, decora- sources and political commitment. Our tionally, regionally, and globally. Working tions, and awards, including the Army current approach is clearly not work- with partner nations, we must eliminate ter- Commendation Medal, the Good Con- ing. Relying on reactive and short- rorist leadership, but incarcerating or kill- duct Medal, the National Defense Serv- term tactics has limited our ability to ing terrorists will not achieve an end to ter- ice Medal, and the Combat Infantry- rorism. We must simultaneously eliminate man Badge. change the security dynamics on the terrorist safe havens, tailoring regional ground and in the wider region. An ef- Jason was taken from his loved ones strategies to disaggregate terrorist networks much too soon. But those closest to fective strategy begins with refocusing and break terrorist financial, travel, commu- on the bigger picture and committing nications, and intelligence links. Finally, him know he packed his 21 years with to our long-term goals, namely, help- and most challenging, we must address the all he could. ‘‘Jason was always a ing Somalis to build robust democratic underlying conditions that terrorists exploit happy-go-lucky person,’’ says his mom institutions that can provide security at the national and local levels to induce Susan Foust. ‘‘Whatever he encoun- and undercut violent extremism— alienated or aggrieved populations to be- tered . . . he did it with a lot of life and come sympathizers, supporters, and ulti- a lot of laughter.’’ which poses a direct threat to the U.S. mately members of terrorist networks. We It is not too late to salvage the op- Born in Illinois to a military family, can marginalize violent extremists by ad- Jason moved around a lot as a kid and portunity presented by the Djibouti dressing people’s needs and grievances, by agreement. To do so, the United States giving people a stake in their own political saw many parts of the world. Wherever and our international partners must future, and by providing alternatives to what he went, he made his own fun. move quickly with a coordinated diplo- terrorists offer. Susan recalls: matic push to bring more Somalis into The problem is not so much that the Jason loved to play Army as a child and the process as well as put forth the administration doesn’t recognize what played it often with kids in the neighbor- necessary resources for implementa- needs to be done, but that it doesn’t hood. He made a suit of camouflage net- tion. An inclusive and vigorous polit- have the will or the commitment to do ting, sticks, and leaves. Using the military acronym for Battle Dress Uniform— ical process can marginalize the appeal it. Basically, our bark is bigger than of al-Shabaab and other violent ex- our bite. Ten years after those attacks She says— tremists, but only if we act now. Si- in Kenya and Tanzania, it appears we he would also wear his mother’s BDUs. multaneously, there must be a more have missed the larger lesson of that Susan also says:

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7807 Another favorite of Jason’s was riding in Staff Sergeant Carnes had volun- what Nick said to her on the day of the his mother’s Dodge convertible with the top teered for the mission that would be worst terrorist attack in this Nation’s down, no matter the weather, and listening his last, stepping in for another soldier history. to ‘‘Danger Zone’’ from ‘‘Top Gun.’’ on leave. For his bravery and service, ‘‘When 9/11 happened, Nicholas and I Young Jason could also rely on the he received several medals, awards, and sat side by side on the couch,’’ she companionship of man’s best friend. As decorations, including the Combat Ac- says. Susan explains it: tion Badge, the Army Good Conduct We both sat there with tears rolling down Jason would often play in the woods for Medal, the Kentucky Distinguished our face. He said, ‘‘This is what I want to hours while trying to hide from the family Service Medal, the Purple Heart, and do.’’ dog named Moocher. I would tell Moocher to the Bronze Star Medal. Terri also remembers how her hus- find Jason, and no matter how well hidden Because of a letter he sent to his wife band was eager to serve. ‘‘He could not Jason thought he was, Moocher would find him. Terri, we know why Nick chose to wait to go overseas,’’ she says. serve and place himself in harm’s way. He would say, ‘‘Can you imagine preparing Jason eventually settled in Cerulean, This is what he wrote in November for your whole life and never getting to fight a town in Trigg County, in the south- 2006, a few weeks after he deployed to for your country?’’ He loved what he was western part of my State. He attended . He said: doing over there . . . I know he would do it Trigg County High School in Cadiz and again. graduated in 2003. Dear Terri . . . If the other soldiers who came before me did not stand up for freedom, Nick’s Guard unit was activated and Even before reaching high school then we would not have freedom. So I feel he was eventually deployed to Afghani- graduation, however, Jason felt strong- that I am obliged to stand up for freedom to stan with Battery A, 2nd Battalion, ly that he wanted to serve his country. ensure that everyone else after me has the 138th Field Artillery, based out of Perhaps he was influenced by the re- same freedoms we do today. Carrollton, KY. His friend, Brian Saw- spect for duty and service that ran Nick’s family and friends remain in- yer, who served alongside him, remem- deep in his family. At the age of 17, spired to this day by that young man’s bers Nick’s dedication to his training while still in high school, he asked his courage. His mother, WrayJean, puts it and to his mission. mother to grant her permission for him simply: ‘‘Nick was by the rulebook,’’ Brian to enlist. Susan wanted Jason to wait My son has been a hero from the second he says. until he turned 18, but Jason was so was born. He became a bigger hero when he When he graded my physical training test, eager he convinced his mom to let him did the job he did over there. if it wasn’t a push-up by the books, he didn’t go ahead and sign up. Nick grew up in Dayton, and count it. . . . With everybody, he was by the ‘‘We supported him with whatever de- WrayJean and his father, Gove, recall book. Not mean, but fair. Fair and firm. . . . cision he made,’’ Susan says. He knew pushing me to do the push-up the he had a fun-filled and active child- right way was better for me. Jason enlisted and became an infan- hood. He loved to hunt and he loved to Nick believed he had been sent to Af- tryman. By the time he was deployed fish. Gove taught him how to shoot. He ghanistan to make people’s lives bet- to Iraq in October 2004, he was assigned played football in high school and prac- ter, and he did it even in his downtime. to the 3rd Battalion, 21st Infantry ticed martial arts. Regiment, 1st Brigade, 25th Infantry Nick loved country music, especially He asked Terri to send him toys and Division, based in Fort Lewis, WA. Johnny Cash, George Jones, and Hank gifts he could distribute to the kids Sadly, Jason’s life was taken just a Williams, Jr. ‘‘I have a country band there. ‘‘Everything he did was sweet,’’ Terri few weeks shy of when he was due to and Nicholas would sing with us,’’ Gove says. return home and shortly before his 21st remembers. birthday. His sister, Amanda Manasra, remem- It was rare, because mainly guys typically aren’t caring and understanding. He was dif- The Reverend Ron Hicks, a close bers: ‘‘We went four-wheeling often and friend of the Ames family, officiated at ferent than all the rest. got a little muddy.’’ Nick’s work ethic also impressed ev- the services, and Jason was buried with She also remembers the time she and full military honors at the Kentucky eryone. His commanding officer, MAJ Nick built a treehouse, a treehouse Walt Leaumont, had this to say: Veterans Cemetery West in Hopkins- Amanda was too scared to climb. ‘‘I When Nick came into the National Guard ville, the Commonwealth’s first State never went up there,’’ she says. veterans cemetery. originally, I was his battery commander. He Nick helped me overcome my fear. He al- was this little chubby 18-year-old who had a Many beloved family members and ways pushed me over my limits. He always spirit that wouldn’t quit. He had a positive friends across the country mourn Ja- had a can-do attitude. He said: ‘‘can’t’’ isn’t attitude. He was a dream to command. son’s loss, including his mother, Susan in your vocabulary. Sadly, Major Leaumont was also the Arlene Ames Foust, and his sister Gove and Gove’s uncle were both in officer charged with the sad task of Krystal Dawn Knight. Our thoughts the Kentucky National Guard, and telling Nick’s family he would not be turn to them as they are confronted Nick grew up climbing on Army coming home. ‘‘The night I notified his with this great loss. trucks. In 1999, when he was 17, he en- family was probably the toughest time Jason’s mom Susan says: tered a Guard training program and by I have ever worn this uniform,’’ the Jason had just turned 21 years old when he his senior year at Dayton High School, major recalls. was taken. For the 21 years that he was with Nick was in the Guard. ‘‘It was in his Our prayers are with the Carnes fam- us, those years are priceless. blood,’’ WrayJean said. ily after their terrible loss. We are Susan and all of Jason’s family are There was no stopping the desire. He would thinking of his wife Terri Bernstein- certainly right to treasure those 21 pre- say, ‘‘Who would keep us free if I don’t do Carnes; his mother WrayJean; his fa- cious years. It is my hope they are also this?’’ ther Gove; his sisters, Amanda comforted by the knowledge that this Nick graduated from high school in Manasra and Sarah Carnes; his brother country and this Senate honors SPC 2000 and went to work for BB River- Brian Carnes; his grandmother, Jason E. Ames as a patriot and as a boats, a company that runs riverboat Frankie Glascock; his grandfather, hero. He left his Nation stronger by his cruises along the Ohio River. It was Gove Carnes, Jr.; his stepmother Char- service and his sacrifice. there he met Terri, the woman he lotte Carnes, and many other beloved STAFF SERGEANT NICHOLAS R. CARNES would ask to become his wife. ‘‘We ran family members and friends. Additionally, Mr. President, I rise be- off to Las Vegas for my 30th birthday,’’ Nick was predeceased by his grand- cause another Kentucky family is Terri says. father, Earl Glascock, and his grand- missing a husband, son, and brother, When we were there, we went to Lake mother, Hazel Carnes. and our great State is missing a pa- Mead . . . he got on his knee and asked me Before Nick shipped out, he and his triot who loved his country. SSG Nich- to marry him. I said, ‘‘Sure! Let’s go!’’ It was family threw a birthday party for his olas R. Carnes was tragically killed on meant to be. wife Terri. Nick’s sister, Amanda, jok- October 26, 2007, in Afghanistan while With a happy life and friends and ingly told him: in combat with the enemy. A native of family who loved him, Nick still felt You don’t have to go. I can break your Dayton, KY, he was 25 years old. the call to duty. WrayJean remembers legs.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7808 CONGRESSIONAL RECORD — SENATE July 31, 2008 But Nick would have none of it. He reach to veterans of the National in the Senate has been at the Com- told his little sister: Guard and Reserve. It is vital that the mittee on Veterans’ Affairs. Bill start- Just always know that I did it for us and growing role they play in our all-volun- ed in the Senate on , 1978. At I did it for them. This was my destiny given teer military be recognized and that that time, his desk was in what is now by God and I have to fulfill it. those who have been deployed in Iraq the committee’s hearing room. The SSG Nicholas R. Carnes represented and Afghanistan be recognized and chairman was Alan Cranston of Cali- the very best his town, his State, and helped. fornia. The major issues were Agent his Nation have to offer. His service Congress also enacted the 21st Cen- Orange, judicial review, and the emerg- and his sacrifice prove it. The Senate is tury GI bill of rights. Like others who ing medical condition that had newly proud to honor men like him who see served in World War II, I personally been labeled post-traumatic stress dis- that America needs defending and know how that GI bill changed our order. As a former naval officer, and a bravely step forward to defend it. country for the better. I hope this im- lawyer, Bill was thrown right into I yield the floor. proved benefit will provide similar help these issues, and his presence made a The ACTING PRESIDENT pro tem- for today’s and tomorrow’s troops. huge difference. pore. The Senator from Hawaii is rec- But for all we have done, much re- An immediate and pressing need was ognized. mains unfinished in these waning to provide psychological counseling to f weeks. Important legislation is pending Vietnam veterans at a time when the in both the House and the Senate. To ACCOMPLISHMENTS OF THE COM- war and, sadly, even those who fought name two bills, we are still waiting for MITTEE ON VETERANS’ AFFAIRS in it, remained a divisive issue for our action on S. 1315 and S. 2162. Nation. Men and women who had IN THE 110TH CONGRESS S. 1315, the Veterans’ Benefits En- Mr. AKAKA. Mr. President, as we served during that conflict did not re- hancement Act of 2007, would provide turn to heroes’ welcomes, yellow rib- prepare to return to our home States, I needed assistance to veterans young believe it is important to remind our bons, and joyous neighborhood celebra- and old, including the Filipino veterans tions we so often see today. In 1980, in colleagues about the work we have of World War II who served under U.S. done for the veterans of this Nation. As Van Nuys, CA, one of the very first vet command but were denied veterans sta- centers opened and offered a means of Chairman of the Committee on Vet- tus for over 60 years. providing community-based counseling erans’ Affairs, I have had the privilege S. 2162 is the Veterans’ Mental and outreach services to those who of working with almost every entity Health and Other Care Improvements and level of Government, veterans and Act of 2008. This bill responds to the were returning from Southeast Asia. military service organizations across growing need among veterans for high Now, there are 232 scattered around the the Nation, and every branch of the quality mental health care. Many vet- country. Millions of veterans and their fami- military, in an ongoing effort to better erans return from war suffering from lies from all wars have received coun- serve those who have served us. invisible wounds. If left untreated, seling and support through these cen- In the past 19 months, the committee these wounds can infect a veteran’s life ters. Bill was instrumental in devel- has held over 50 hearings, taking testi- and livelihood, with dire consequences. mony from over 320 witnesses. The The bill represents a tribute to Justin oping the legislation that established committee staff has carried out over Bailey, a young Iraq veteran who these facilities and was present at the 140 days of investigations and visits overdosed while under VA care. We creation of vet centers. Bill was deeply involved in the de- across the country. I commend the must not let other veterans suffer a bates surrounding Agent Orange and hard-working members of our com- similar tragedy. mittee, on both sides of the aisle, for Both of these bills passed the Senate quickly became an expert on an issue their work this session. with unanimous or nearly unanimous whose vocabulary resolved around After years of underfunding veterans support, and both count strong sup- dioxin, defoliation, Ranch Hand, and a programs, I wish to remind everyone porters in the House. I hope that before variety of health problems and con- that this Congress appropriated the this session ends, we will see both be- cerns. His efforts contributed to the de- largest increase in the history of the come law. velopment of wide-ranging initiatives Department of Veterans Affairs. These I do not report today that our work designed to address the needs of those funds are helping to provide better for veterans is anywhere near done, but who believe their exposure has ad- health care to veterans and enabling I do say it is work in progress. I thank versely affected their health. the Veterans Benefits Administration my colleagues in both Chambers and Bill was instrumental in the passage to hire thousands of new employees. It both parties for their support and co- of legislation in 1996, which fundamen- is my profound hope this investment operation. tally changed the law with regard to eligibility for VA health care. Eligi- will produce marked improvements in f care and in reduced backlog of vet- bility Reform, as this law is known, erans’ disability claims. Last year, in TRIBUTE TO WILLIAM BREW eradicated the line between inpatient connection with the disclosures about Mr. AKAKA. Mr. President, as chair- and outpatient care. VA, for the first Walter Reed, America learned of the man of the Veterans’ Affairs Com- time, was authorized to provide a disgraceful treatment of some of our mittee, I normally come to the Senate standard benefits package of services disabled servicemembers and veterans. floor and speak on various veterans in the most appropriate care setting. Congress responded promptly and the issues—I advocate for increased screen- This seemingly simple change enabled Armed Services and Veterans’ Affairs ing and treatment and mental health VA to open up community-based clin- Committees collaborated in an unprec- issues for our veterans; I remind my ics all across this country. Veterans edented manner to address the issues fellow Senators that veterans of their care has been dramatically improved at Walter Reed and elsewhere. One re- home States must file income taxes for because of the increased access to the sult of this cooperation was the wound- 2008 in order to receive their tax re- now 700 clinics dotting the landscape. ed warrior provisions included in last bates; I argue for increased funding for Assisting disabled veterans to reen- year’s National Defense Authorization VA’s vital mission; and I urge the Sen- ter civilian life has always been a high Act. ate to approve a new GI bill. Today, priority for the committee. Bill worked I take special pride in one particular however, I come to the Senate floor to on legislation to revamp federally as- wounded warrior provision which more speak about one particular veteran—a sisted State vocational rehabilitation than doubled the period of automatic Vietnam veteran who has dedicated his programs, giving priority to the most VA health care eligibility for returning long career, enormous talents, and seriously disabled. troops. Servicemembers returning from tireless efforts to better the treatment Bill was instrumental in the estab- Iraq and Afghanistan are now eligible and the lives of all who have served our lishment of the Court of Veterans for 5 years of VA health care upon sep- Nation in uniform. Today, I will speak Claims, which gave judicial review to aration from service. of my staff director, William Brew. veterans’ benefit determinations, and I am also pleased with the work we Bill has just completed 20 years of the committee recently approved legis- have done in seeking an expanded out- service to the Senate. His entire tenure lation to expand the Court.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7809 It is little known that Bill has served supplies and oil will drive down the clean nuclear-powered electricity that on both sides of the aisle, working not prices immediately. New supplies, 10 can drive our next generation of hybrid only for Chairmen Cranston and years’ worth in the case of offshore re- cars and trucks, and give financial help Rockefeller, and now myself, but also serves, will drive prices lower for years to jump-start our U.S. manufacturing working for Chairman Alan Simpson, to come. supply base for hybrid car batteries to my Republican colleague from Wyo- Some may say it will take a long bring their prices down and put people ming. In 1980, when the Democrats en- time to bring it on line. That is what in America to work. tered the minority, Bill remained a President Clinton said in 1995 when he But now the Democratic leadership majority staff member under Chairman vetoed the authorization to open has gone back on this offer. They have Simpson for 9 months before returning ANWR, which could have been pro- reneged on this offer. It is like Lucy to Ranking Member Cranston’s staff. ducing a million barrels of oil a day. He with the football. The American peo- I congratulate Bill for his service and said it wouldn’t happen for 10 years. ple, we feel like Charlie Brown and the tell him that I am grateful for that, Well, it is now 13 years past that veto. football is lowering gas prices. They and to thank him for his 20 years of We surely could use that additional are offering to let Charlie Brown kick dedicated and faithful service to the million barrels of oil a day. the football to get a vote on opening Senate and to our Nation’s veterans. The Democratic leader, when it offshore oil reserves and see if he can Mr. President, I yield the floor. comes to lowering gas prices with new score a goal for lower gas prices. But, The ACTING PRESIDENT pro tem- offshore supplies, says: ‘‘No, we can’t.’’ wait, the leadership of the Democratic pore. The Senator from Missouri. Actually, in the case of the Senate Party on this floor has yanked the oil f Democrats, it is ‘‘No, we won’t,’’ re- supply football away, only to let the flecting the views of their Presidential American people swing and miss. The ENDING THE GAS PRICE CRISIS nominee. Democratic leadership apparently in- Mr. BOND. Mr. President, I am here Earlier this month, I tried to join stead wants to move the goalposts today to point out what I believe ev- with my colleagues to repeal the legis- back to pay for new wind and solar in- erybody in this body knows, certainly lative moratorium preventing new off- centives. everybody back in the heartland, where shore drilling off our Atlantic and Pa- I support wind and solar incentives. the occupant of the chair and I live: cific coasts. With the high gas prices The whole Senate voted for wind and America is suffering a gas price crisis. facing our families, it is time to end solar incentives earlier this year, I regret to tell the people back home the offshore drilling ban included each adopting an amendment by over 80 that the Senate is in a crisis of its own. year on the annual appropriations bill votes. How many times do you have to It appears that Democrats are des- for the Department of the Interior. do that? But the Democrats yanked the perate to deny real gas price relief. Much to my surprise and regret, the football away as well. They added new They are apparently united behind the Democratic leadership canceled the taxes to that measure. I guess they fig- misguided policy of the presumptive planned business meeting to consider ured something so popular would be a Democratic nominee for President who and write the Interior appropriations good opportunity to raise taxes. That says: Don’t provide any new sources of bill. We thought we would succeed. We seems to be the policy of their nominee supply. They are doing anything they thought people would understand that for President. can to block the one real solution to bringing gas price relief to America’s I can tell you that the people of Mis- this gas price. families by reversing the current ban souri do not want higher taxes. They Opening new offshore drilling will on offshore drilling could meet the cry do not want us to make it harder to bring suffering American families 18 from our people back home to do some- find and produce oil. More wind and billion barrels of new oil supplies. News thing about the price of gas. But the solar power is not going to get gas of America’s commitment to new sup- Democratic leadership canceled the prices down now or anytime in the fu- plies will drive prices down imme- meeting to prevent the will of the peo- ture. Not a single trucker in Missouri diately. We saw with the suggestion ple through their Senators from being will pay less for diesel because we pass that we would be opening offshore heard. a bill for wind power. Not a single Mis- when the President lifted the Execu- Now we have confirmation. We have souri family will suffer less pain at the tive moratorium on offshore drilling, seen a statement from the Appropria- pump because we pass a bill for solar that the prices came down imme- tions Committee that the Democrats power. Not a single farmer will pay less diately $10 and then came down rough- thought they would lose the vote and to his tractors or less to send his ly $20 because the price of oil today is fail in their attempt to keep new oil produce to market. influenced by the long-term judgment supplies from the American people. It The only real thing that will work to of what the price will be in the future. came from the Appropriations Com- get gas prices down is fundamental— Airlines, trucking companies, and mittee itself saying they did not want more oil supplies to scare away the others have to go out in the futures to see the offshore opened for drilling. speculators and meet the demand. market to buy the oil they need in the That is not the way this body is sup- Missouri does not need more hot air future. Those who bought futures con- posed to work. from the Democrats. Energy summits tracts at $90 turned out to be prescient. We disagree with a lot of things, but where Washington politicians talk They saved money from the $145 a bar- we at least ought to come to the floor about how much they claim they care rel oil we see today. But right now and have a vote. Those who are for it about families will not get the gas there are too many hedgers, too many and those who are against it, let them prices down. And yet, the Senator from investors, and, yes, even some specu- take their stand in public and let the Illinois, the Democratic presumptive lators, too many investors, including people judge. nominee for President, was in Missouri, the Public Employee Retirement Sys- Now we are on the floor of the Senate and he had a solution for the gas price tems of , and of local govern- trying to move to a bill supposedly on crisis. He said we need to keep our tires ments that are saying: Hey, if we don’t energy. We have asked for a debate and fully inflated. open oil supplies, we are going to see a vote on measures in addition to their I agree with keeping our tires fully that $145 a barrel oil go to $175 and $200 measure on speculation, because specu- inflated. I am told by the studies of the and $250. lation is a small part. What we need to Department of Transportation that can Regrettably, if the policy of the do is get more supplies. save 6 to 12 gallons of gasoline a year. Democrats being acted on in the Sen- The plan of Republican Senators and So please keep your tires inflated. But ate today holds, we will see those oil our presumptive nominee for Presi- suggestions to inflate our tires fully prices going above $200 a barrel and dent, the Senator from Arizona, is to are not going to make a significant dif- over $5 at the gas pump. The Demo- enact additional measures that will ference in the gas price. crats, in lockstep with their Presi- lower gas prices through additional America deserves more than Demo- dential nominee, are doing anything supplies from offshore oil reserves, tap cratic hot air. Here it is hot air to in- they can to block the one real solution: billions of barrels of oil in Rocky flate our tires. On the floor of the Sen- News of America’s commitment to new Mountain oil shale deposits, provide ate, it is hot air to tell us everything

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7810 CONGRESSIONAL RECORD — SENATE July 31, 2008 else but increasing supplies may have another month while we are out of ses- even more concerned about it heading an impact. sion and have done nothing but talk into the winter. America deserves real action with hot air and suggest putting hot air into People in New Hampshire anticipate real solutions. We should not abandon car tires. winters. We know it is coming. There is the American people to this gas price Mr. President, I yield the floor. not much we can do about it. It is com- crisis. We need to move back to the bill The ACTING PRESIDENT pro tem- ing. We also know that 60 to 70 percent on speculation and include amend- pore. The Senator from Texas. of the homes in New Hampshire— ments that will bring real gas price re- Mr. CORNYN. Mr. President, I ask maybe more—are heated by oil. The lief. unanimous consent that Senator MAR- price of oil that has to be put in the I have an amendment, No. 5121, to TINEZ, the Senator from Florida, Sen- tanks in order to heat homes has dou- open 18 million barrels of oil reserves ator GREGG, the Senator from New bled or tripled. A lot of families in New off our Atlantic and Pacific coasts—10 Hampshire, and I be allowed to engage Hampshire, low-income families, but years of new oil supplies for the Amer- in a colloquy. also moderate income families, are ican people. The ACTING PRESIDENT pro tem- going to be extraordinarily stressed to My amendment would also authorize pore. Without objection, it is so or- try to meet that energy need and the more than $1 billion a year to jump- dered. price of that energy. start a U.S. manufacturing supply base Mr. CORNYN. I thank the Chair. There are a lot of things that you can for hybrid car and truck batteries. The ACTING PRESIDENT pro tem- maybe do to change your lifestyle. You Funding would go to hybrid battery re- pore. Let me interrupt the Senator can maybe drive a little less. Maybe search and development, battery manu- from Texas for a moment. There are you can take a bus; not so much in New facturing equipment and capabilities, less than 8 minutes remaining in morn- Hampshire because there are not a lot and re-equipping, expanding, and estab- ing business. of city areas that have bus districts, al- lishing U.S. domestic manufacturing Mr. CORNYN. Mr. President, I was though we do have some. But you can facilities or hybrid vehicle batteries. under the impression there was a adjust your driving. You can downsize Why do we need it? We need it to get longer period of time. May I ask what your car so you use less gasoline. But if the supply of batteries. I have visited the order of business is following the you have a home and you have a fam- factories in Missouri where they are expiration of morning business? ily, there is nothing you can do about producing battery-powered cars, hybrid The ACTING PRESIDENT pro tem- it. You have to heat that home. You cars, such as the Ford Escape, the pore. Thirty minutes of debate con- have to stay warm in the winter when Claycomo plant. General Motors is trolled by the minority on the motion the temperature is at zero or even working on these products. These are to proceed to the Defense bill. minus degrees and the wind chill is cer- tremendous gas savers. We need to Mr. CORNYN. I thank the Chair. tainly at minus degrees. To do that move to more plug-in vehicles. Mr. President, we are going to have a takes a lot of energy and takes oil. So In my hometown of New Mexico, MO, vote on the motion to proceed to the people are scared. They are scared my good friend who sells modified golf Defense authorization bill. The distin- about how they are going to heat their carts is selling street-ready vehicles guished occupant of the chair, myself, homes. now, and they are popular. We can have and Senator MARTINEZ all sit on the I believe my No. 1 responsibility as full-size vehicles if we have the bat- Armed Services Committee. We know their representative in Washington is teries to power them. But most of how important this legislation is. I try to do something about bringing those batteries are being made in Asia, have every confidence that we will ul- down the price of that energy. How do and American car manufacturers get timately—at least I sure hope—get to we do that? In my opinion, we do it by second call. We need to have those bat- and pass a Defense authorization bill. at least voting in the Senate on the teries manufactured in America to sup- I will point out that for the last 2 issue of expanding our supply in the ply our automobile industry. weeks, we have had a series of at- United States, with American energy, This amendment would force gas tempts by the majority to get us off while also conserving more. Yet we prices down, find more oil and use less. the single most important issue facing have been blocked now. As the Senator The amendment would provide new oil the country today, and that is high en- from Texas points out, this will be the supplies and new sources of oil con- ergy prices, particularly high gasoline seventh time the Democratic Party servation. But the Democratic leader- prices. My expectation is that this at- and the Democratic leadership has ship doing the will of the Senator from tempt, which will now make this No. 7 tried to move the Congress and the Illinois, the presumptive Democratic instead of 6, will fail as well because on Senate off the issue of trying to bring nominee, is blocking consideration of this side of the aisle we believe we down oil prices, bring down gasoline this amendment and all amendments. should not leave here, we should not prices by expanding American sources As I said before, this is very dis- adjourn for the August recess without and American production by allowing appointing to me, to the people of Mis- addressing this pressing issue. us to drill offshore, by allowing us to souri, and to the people of America. It touches everybody in the country, use oil shale, by allowing us to expand Missouri and America deserve more rich or poor, regardless of cir- nuclear power, by allowing us to put an than half measures that will only cumstances in life. It is also driving up effort into the development of electric produce a few days or months more of the price of food and threatening infla- cars, by doing a whole series of things. oil supplies. We deserve more than the tion which is going to threaten our Seven times now the Democratic Senate attempting to abandon them in economy regardless of what we do on leadership here has said, no, they do the gas price crisis by moving on to housing and the subprime mortgage not want to hear about this. They want other issues. crisis. to talk about issues that are impor- Missouri and America deserve real I ask the distinguished Senator from tant, but they are nowhere near the action now to lower gas prices. That New Hampshire if he has some importance, at least to my constitu- means new offshore supplies to get thoughts about what we ought to be ents, of what it costs them to fill up prices down. That is the position the doing between now and the time we ad- their gasoline tanks and what it is Republican Senators and the Repub- journ for the August recess. going to cost them to fill up their oil lican Senator from Arizona, our nomi- Mr. GREGG. Mr. President, I thank tanks this winter. nee for President, are pushing for: new the Senator from Texas. I wanted to I cannot think of a higher priority as offshore oil supplies for American fam- join with him today in addressing this a Congress than to take up this Energy ilies, new offshore supplies for our issue because at least in New Hamp- bill and have some votes on these very farmers, new offshore supplies for our shire—and I suspect it is true in Texas, important issues of whether we open truckers. That is the only real hope for too, even though maybe in a different more drilling offshore, whether we use gas price relief. way—the No. 1 issue on the minds of more oil shale, whether we expand our I beg the Senate leadership to let us the people is the cost of energy. They efforts to try to bring online nuclear move now. Failure to do so will assure are concerned about it when they fill powerplants, whether we continue our the American people that they will go up their car with gasoline, but they are efforts to try to expand electric cars.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7811 The Senator from Texas the nail like him to help us understand the big- wealth purely to satisfy our demand on the head. We need to act on these ger picture, and that is why the major- for oil. issues, and we should stop this obfusca- ity leader, who controls the agenda on Surely we have to do other things tion which is occurring on the other the floor of the Senate, a Member of about renewables. We have to do all side of the aisle on this issue. We the other party, refuses to allow us to that. But at the end of the day, we should get to the essence of the issue, vote. I know Senator OBAMA has ada- have to do more on our own resources which is produce more American en- mantly opposed any additional offshore to produce more oil from America’s ergy. exploration and production. One con- soil. Mr. CORNYN. I appreciate the Sen- clusion I guess you might draw is that What has occurred is, in fact, the pre- ator from New Hampshire addressing the majority leader, by refusing an op- sumptive nominee of the Democratic that issue. I have always been amazed portunity for Senators to vote, is Party and the presumptive nominee of that those who say we ought to do somehow protecting the Presidential the Republican Party have taken diver- something to help poor people who nominee, the presumptive Presidential gent points of view. Senator MCCAIN, need help with their heating oil are the nominee, from perhaps an embar- changing his position much as I have, same folks who seem to be the most re- rassing split in his own political party. has said: Times have changed. We have sistant to opening America’s reserves I wonder if the Senator has any com- to drill in the offshore. Senator OBAMA of natural resources which would have ments. remains stuck in the past. He is not for the effect of bringing down oil prices Mr. MARTINEZ. I am happy to com- change. He is against change when it for everybody. It seems to me that ment on the situation in Florida and comes to taking care of America’s oil would be one of the most commonsense also what I think is an observation you resources. I believe what we are fol- things we could do. made accurately in the larger political lowing is the dictates of higher powers. Mr. GREGG. The Senator makes a climate. They are related. The State of At the same time, the business of the truly excellent point. If we want to ad- Florida has jealously guarded its off- Senate has ground to a halt. We have dress the fear low-income people have shore resources because we have a tre- not been able to accomplish much be- about the cost of their energy to heat mendous tourism economy, as does cause we have not been allowed to have their home, bring down the cost of en- Texas in some parts of the State. How- the thorough debate we need to have ergy. Address the systematic problem. ever, $4 for a gallon of gas has caused on this very important issue. LIHEAP is an important program. It a transformation in thinking. It has al- When I hear from Floridians today, is a critical program for us in New Eng- lowed us to see more clearly what is they want us to move the business of land. But it is the bandaid. It is not occurring. What is occurring to our Na- Government, but they most of all want going to the symptom. The symptom is tion is not just that the people, the us to solve this problem. They do not the price of the energy, so that is why families, American families, are hurt- want us to put it aside. They know we need to vote on it. ing at the pump when they go pump they are hurting. They also realize, by the way, this is f gas. Fortunately in Florida our winters are mild, but I understand the situa- no panacea. We have no magic wand we CONCLUSION OF MORNING tion in New Hampshire and other cold can wave and lower prices tomorrow, BUSINESS States that is going to be coming up. but we can begin a trend that is going The ACTING PRESIDENT pro tem- This is hurting families. This is a prob- to trend in the downward direction if pore. If the Senator will suspend, lem to the American family, particu- we begin to do something about open- morning business is closed. larly those on fixed income, many of ing America’s resources to more drill- f whom live in Florida. ing. The problem becomes more acute be- Mr. CORNYN. I appreciate the com- NATIONAL DEFENSE AUTHORIZA- cause this also merges into our na- ments of the Senator from Florida. In TION ACT FOR FISCAL YEAR tional defense, into our security as a the real world, when the facts change, 2009—MOTION TO PROCEED nation. When the Persian Gulf war people are free to change their mind. The ACTING PRESIDENT pro tem- took place, Alaska increased its pro- Mr. MARTINEZ. That is right. pore. Under the previous order, the duction of oil, and at that time they Mr. CORNYN. I think $4 gasoline and Senate will resume consideration of were producing at a capacity of 2.1 mil- $140-plus for a barrel of oil have caused the motion to proceed to S. 3001, which lion barrels a day. Today they are only a lot of people to rethink their prior the clerk will report. producing 700,000 barrels a day because positions. Gasoline was $2.33 when the The assistant legislative clerk read the supply of oil in Alaska is dwindling Democrats took control of Congress in as follows: because we are not allowed to develop early 2007 but now is hovering around Motion to proceed to Calendar No. 732, S. additional resources there. $4 a gallon, and I think it is only rea- 3001, a bill to authorize appropriations for What is occurring, essentially, is sonable that people will reassess their fiscal year 2009 for military activities of the that the domestic supply of oil is ever decisionmaking. Indeed, I think we Department of Defense, for military con- decreasing, our percentage of depend- have seen that happen with the Amer- struction, and for defense activities of the ence on foreign sources is ever increas- ican people, if you look at public opin- Department of Energy, to prescribe military ing, while at the same time the price is ion polls, shifting to overwhelming personnel strengths for such fiscal year, and going through the roof. It is a supply- support for exploration and production for other purposes. and-demand problem that cries out for from the Outer Continental Shelf. The ACTING PRESIDENT pro tem- a solution. I say to the Senator from New Hamp- pore. Under the previous order, the What has occurred? My own trans- shire, I know, as the Senator from time until 12:30 shall be divided in al- formation has been that while I was Florida said, more oil is going to be a ternating 30-minute blocks of time, adamantly opposed to any form of transitional step on our part because with Republicans controlling the first drilling, my own Governor took a for- production globally is declining. Yet block. ward-thinking position and decided demand, especially from huge econo- ENERGY maybe the time had come for us to re- mies such as and India, is going Mr. CORNYN. Mr. President, I ask if consider and think a little differently up. I know the Senator from New you would please notify us when 10 about it. We still want to protect our Hampshire is a big proponent of clean minutes remain in our time so the Sen- coastline. We still want to protect our nuclear power. I wonder if he can com- ator from can take the floor. beaches. But at the same time, we have ment on what he sees this transition We would like to continue with the col- to recognize a new reality. That new looking like, in terms of starting with loquy. reality requires us to adapt to the cur- more American production but with I know the Senator from Florida, rent circumstances. We are transfer- conservation, with renewable energy, Senator MARTINEZ, is here. I know off- ring wealth to the extent of $700 billion and developing nuclear power. shore drilling has been somewhat con- a year to foreign sources. It is Mr. GREGG. The Senator from Texas troversial in his State. I would like unsustainable over a long period of has been one of the best advocates on him to address that. But I would also time. America will be squandering its the floor for balance, which is what we

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I have two points, and willing to push the envelope, to try to course, as we know, has been using nu- I would like to hear from both Sen- use technology to improve our situa- clear power for its aircraft carriers and ators. One is we hear from folks op- tion. submarines for, I think, 50 years and is posed to offshore drilling say we can’t Not only do we need to find more, we able to do so safely and without inci- drill our way out of this. dent. need to use less. We need also to use Other opponents of offshore explo- our great strength in technology to ad- France generates 80 percent of its electricity using nuclear power. In ration and production said: It is going vance our cause of delivering more to take too long. American energy. France, the environmental activists Nuclear power is a classic example of have actually cut a deal, as I under- I wonder if the Senator from Florida that. We basically created nuclear stand it, with the nuclear power pro- and the Senator from New Hampshire power, the concept of it, and how to ducers because they understand. They have some thoughts about those. I hap- use it in a positive way. Yet for the get the point the Senator from Florida pen to believe those are pulled out of last 27 years, because of the adamant makes, and the Senator from New context, particularly when it comes to and, in my opinion, inappropriate oppo- Hampshire, that nuclear power is clean Boone Pickens, because, as you said, sition of the most activist environ- power. For those who are concerned we need it all. What is the best answer mentalist groups in this country, we about climate change, that would be to that? have not had a new nuclear powerplant one of the best things we could do to Mr. MARTINEZ. I would say that, no, application approved. alleviate the pressure on the environ- we cannot drill our way out of the New Hampshire, ironically, was the ment. problem, but we can improve on the last State to bring online a nuclear I wish to get back, if I can for a sec- problem. Today, we use about 21 mil- powerplant. That occurred in the late ond, because there has been a lot of lion barrels of oil, and 5 million of 1980s. That nuclear powerplant was re- talk, particularly the Senator from those come from overseas. That is what sisted by the Democratic leadership in Tennessee, Mr. ALEXANDER, is talking turns into that $700 billion bill. the State and by the activist environ- about the need to develop new tech- What if we could add another million mentalists in the State at a level nology, to develop plug-in hybrid cars, barrels to that production domesti- which was basically civil disobedience. battery-operated cars. I know there is cally? We will have ameliorated the Thousands of people were arrested at a little confusion because right now we problem by a significant percentage. the site where the plant was being need transportation energy, which is What if we did 2 million barrels? All of built. It was delayed for almost 15 basically oil and gasoline—aviation a sudden, the equation is different and years. The cost of it quadrupled—it fuel to fly our airplanes. People wonder we can be more sustainable within our how does nuclear power or using coal went up by a factor of 10, I think. own resources. What happened in the end was the in a clean way to generate electricity figure into that? The point we are try- The second part of this is, it is not plant came online. What has happened all about oil. It is about other things, since the plant has been online? It has ing to make is we need all of the above. We need to generate the electricity such as oil shale. The Democrats op- produced safe, clean, reliable energy— pose looking into that possibility. We not only for the people of New Hamp- cleanly so we can use the new tech- nology that we think will bring us into have not been allowed to have a full shire but for the people of all the discussion. Colorado, Utah, and Wyo- Northeast because it is producing so a clean energy future. I wish to ask both my colleagues to ming should be allowed to develop this much energy it actually exceeds New comment on a couple things. One of my resource. I understand that we have an Hampshire’s needs. As a result, we constituents, T. Boone Pickens, is in estimated 2 trillion barrels of oil that have had an energy source which has town. He is a remarkable man. He has can be produced from oil shale. So saved us from having to buy thousands been very successful in the oil and gas maybe we can drill our way out of this and thousands—millions of barrels of business. He says we need a different with enough creativity, enough tech- oil. We should be doing that across the way of looking at our energy future. He nology, and enough resources being country. is advocating increased use of wind en- employed. Mr. MARTINEZ. May I ask the Sen- ergy to generate electricity. He is ad- So it is not going to just be about nu- ator a question. This nuclear plant, vocating more use of natural gas be- clear, although it ought to be nuclear. does it produce greenhouse gases? Does cause he says we have found ways to Florida has three nuclear powerplants it, in any way, harm the quality of air develop more of that here in America built in the 1970s and 1980s, and thank or produce the kinds of problems asso- so we have to buy less—the point of the goodness for those because in Florida ciated with global warming? Senator from Florida. That is less we cannot produce any oil, we do not Mr. GREGG. That is a good question money we have to send than the $700 have any hydro, and we depend on and it is very important. Nuclear billion we send overseas each year. those nuclear powerplants to power power is clean. It addresses the issue of Mr. GREGG. He also said, did he not, ourselves. So thank goodness we have global warming. It is the most effective that we need to use everything. He that. energy we have for that. It has no didn’t say don’t use drilling; he said we We also need to look at more produc- emissions which basically go into the have to drill everywhere we can in the atmosphere and aggravate the issue of tion offshore. We need to do more oil United States, we have to use wind, we shale, and the new technologies of wind global warming, so it is the type of have to use solar, we have to use nu- power we want. It is safe and it is ours. and solar and new battery technology— clear, we have to use everything, be- all of the above. We do not have to buy it from some cause we have to stop sending $700 bil- other country. It is very logical we lion, as the Senator from Florida men- My point is, we cannot drill our way should be aggressively pursuing nu- tioned, to people who do not like us— out of this, but part of the solution is clear power. Again, you have to appre- Venezuela and . Let’s keep it here, drilling. So it is not about suggesting ciate the fact that the other side of the where we can use it to build our econ- that we should forget everything else aisle and the leadership of the other omy. and just drill, but it is to say that side of the aisle, especially Senator Mr. MARTINEZ. I remember him drilling as a component part of a com- OBAMA, are opposed to expanding the being asked: What do you feel about prehensive energy policy can move this nuclear option for our Nation which, in drilling? He said: I want to drill every- country ahead, can move us forward. my opinion, is cutting off your nose to where. Mr. GREGG. Well, the point the Sen- spite your face. This is a very safe and Now, I am not there, because I don’t ator makes is extraordinarily valid. usable form of energy which addresses want to drill everywhere. I want some But there is an ancillary issue here,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7813 which is, not only do we need the en- want, which is to get the price of en- shield; they are calling in about the ergy to try to increase supplies and re- ergy down by producing more and gas. duce the price, but it seems incompre- using less and producing more Amer- The president of the press association hensible that we would not want to put ican energy rather than buying it from said: Listen, I understand. Read our in place programs which would relieve other countries that do not like us. letters to the editor. I listen at the cof- us from sending Americans’ hard- The ACTING PRESIDENT pro tem- fee shop. I know what Georgians are earned dollars, you know, folks who pore. There is 10 minutes remaining. concerned about. It is the high price of are working every day, sending those Mr. MARTINEZ. The International energy and the high price of gas. dollars to Venezuela and Iran and other Energy Agency painted a grim picture So that is why I have remained com- countries which hate us and want to do about the future. The report estimated mitted to staying on the Energy bill us harm. It seems that common sense that over 3.5 million barrels a day of until we find some way to bring Repub- new production will be needed each would want us to produce American en- licans and Democrats together. Both of year just to hold the total production ergy if we have American energy avail- us can give. I said in a speech the other steady. So as India, China, and these able to us and we can produce it in an day: We ought to put our donkeys and other countries are rising in their de- environmentally sound way rather elephants in the barn and sit down and mand, we need 3.5 million barrels a day than send the money overseas. talk about ways to really meaningfully of new oil just to keep the current Mr. CORNYN. I want to ask the Sen- change the lives of the American peo- standards of what we have. That is not ator from New Hampshire, the bill that ple, not 20 years from now but today. was on the floor about 2 weeks ago was just a U.S. problem, it is a global prob- lem. The country is hungry for a Congress a bill to deal with speculation and the and for leadership that will say yes to commodity futures market. Our point Mr. CORNYN. I thank my colleagues. We are going to relinquish the floor more production, yes to more conserva- was, we should not just deal with part to the Senator from Georgia for the tion, yes to a better environment, yes of it, part of the problem, we ought to final comments. to a productive economy, all of which deal with the whole problem. That is I would say in closing that I can an- would be the result of a comprehensive, why we have insisted—in fact, we have ticipate what the argument is going to balanced approach toward energy. But demanded and we said we should not be when the majority leader comes out, a singular slingshot approach or a rifle leave here until we have had an oppor- and the whip—they are going to say it approach, like just speculation or just tunity to vote on offshore production is all about Republican obstruction. drilling or just something else—we and those other good ideas. But the problem is, we have insisted have to do it all. We have to do it com- But I wonder if the Senator would ad- we are not going home, we are not prehensively. We have it within our ca- dress why the speculation component going to quit, we are not going to pabilities to do it right. alone would be an insufficient re- change the topic until we get an oppor- As the Senators before me have stat- sponse—may be part of the answer but tunity to vote on what we believe will ed, we have all kinds of resources. certainly not the complete answer to have the most direct impact on reduc- Many of these resources are not only the problems we face today? ing gas prices: increasing supply and Mr. GREGG. The simple answer is abundant but they are cleaner than offering all of the above that we have gasoline and they are cleaner than that it does not produce any more en- discussed during this colloquy this ergy. Yes, there is probably speculation oil—nuclear energy, for example. In morning. That is our position, and we America, 19 percent of our electric en- in the market. Yes, we should have believe that should be a bipartisan po- more transparency and more enforce- ergy is produced with nuclear; in sition. We invite our friends on the France, it is 87 percent. Think about ment to make sure the market is not other side of the aisle to join us in being abused. But that is not going to the difference that makes not only in being part of the solution instead of the reliability and the cost of energy produce any more energy. being part of the problem. We know there are 2.5 billion people but the carbon-free emissions that I yield the floor. come from nuclear versus the heavy between India and China, and they are The ACTING PRESIDENT pro tem- starting to have much more high-qual- carbons that come from the burning of pore. The Senator from Georgia. oil or gas or coal or other sources. ity lives, and so they are starting to Mr. ISAKSON. Mr. President, I asso- Ingenuity and innovation. The Amer- buy cars, they are starting to buy ciate myself with the Senators from ican people are a remarkable people. motor scooters, they are starting to New Hampshire, Florida, and Texas, When confronted with whatever chal- use energy. As a result, the demand for and would like to report an interesting lenge, we have almost always come up energy is accelerating dramatically. occurrence that took place yesterday with a solution. But sometimes those That is 2.2 billion more people than we that kind of verifies exactly what Sen- solutions either take inspiration or have in the United States. So the sim- ator CORNYN said. ple math of it shows us we have to find After the vote on the media shield they take encouragement. When we more energy and we have to use less motion to proceed, I went back to my needed to go to the Moon and win the energy. office and placed two phone calls, one space race, we had the inspiration of a That is why amendments brought to to the president of the Georgia Press great President, John Kennedy, to de- the floor which are directed at finding Association, the other one to the presi- clare a goal to land a man on the Moon more energy—such as oil shale, drilling dent of the Georgia Broadcasters Asso- and bring him back again before the offshore, and nuclear—need to be ad- ciation. I told both of them: We have end of the decade. We did not know dressed. We need to discuss them. I had conversations about the impor- how to do it, but we did it. We need a cannot understand why the other side tance of media shield, and I know both Congress that is just as bold today to of the aisle refuses to do that. of you are very interested in it. But I say that $4 a gallon is too much for I asked my staff to put together a want to explain why a few minutes ago gasoline, carbon is too bad for our at- chart which would summarize this in I cast a ‘‘no’’ vote on a motion to pro- mosphere, and fossil fuels are geo- the most simple and stark way. Here is ceed to media shield. politically not in our interest. the chart. It is a big zero. It is a zero. I said: The reason I did it, quite sim- It is time that we as America find Zero amendments are being allowed ply, is that for everybody in my ways through engineering and inge- here. Zero new oil is being produced as State—and I would submit most every- nuity to invent and to develop and to a result of that. Zero new gas, zero new body in the United States of America— process those sources of energy that nuclear plants. Until we have some the No. 1 issue is the high cost of en- are clean, renewable, reliable, and less amendments on this floor which allow ergy and particularly the high cost of expensive. And we can do it. But you us to address these issues, we are still gasoline. cannot do it if you stand in gridlock on going to have zero as being the answer Both men, both professional journal- the floor of the Senate and the House of the other party to how you produce ists, both presidents of their associa- of Representatives, unwilling to talk more oil and more energy. It is not tions, said: We understand. about all the issues. right. We should be getting down to the The broadcasters said: Our talk We all have our biases and we all issue of what the American people shows are not calling in about media have our prejudices, but all of us take

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7814 CONGRESSIONAL RECORD — SENATE July 31, 2008 an oath of office to represent the peo- The PRESIDING OFFICER (Mr. I have had the great fortune over the ple of our State and to uphold the Con- BROWN). The clerk will call the roll. last 31⁄2 years to have someone on my stitution of the United States of Amer- The assistant legislative clerk pro- staff who has displayed character vir- ica and defend the domestic tranquility ceeded to call the roll. tues like none other I have seen in my of our people. When your economy is Mr. REID. Mr. President, I ask unan- career. She will be leaving my staff. tanking, when your debt is going up be- imous consent that the order for the Her name is Katy French. She has a cause of your addiction to foreign oil, quorum call be rescinded. master’s in public health from Har- and Congress sits here for 2 weeks and The PRESIDING OFFICER. Without vard. She has been on the front lines of debates only one sliver of the solution objection, it is so ordered. HIV/AIDS since the epidemic came without everything, then we are not Mr. REID. Mr. President, I ask unan- about. She worked for both Senator living up to our responsibility. imous consent that I have the floor at GREGG and Senator BROWNBACK. The So if the Georgia Press Association 2 o’clock for the purpose of a colloquy characteristics about her that make understands, if the Association of between Senators DURBIN, MURRAY, her great—in Oklahoma we would say Broadcasters understands, if the 17,488 SCHUMER, DORGAN, and Senator REID. her ‘‘plow runs deep.’’ She is well-root- people who communicated last week The PRESIDING OFFICER. Without ed in the principles of liberty. with my office about one issue—and objection, it is so ordered. What she has done with that prin- that was cost of energy—understand, Mr. REID. I don’t think it will—we ciple is recognize that if you are free, why can’t we in the Senate under- will have that happen at the half hour. and you have liberty and yet you don’t stand? We are all in this together. We I don’t think we will use all the time. spend your life helping other people, are 100 coequals. We all have the same That is the Democratic time. We will the liberty is for naught. So she has responsibility. And we ought to all just work the Republican time at 2:30 been a great example to me and my have the same goal; that is, to find a or 3 o’clock and thereafter. staff over the last 31⁄2 years for her tire- way to thread the needle so we sit Is there an order in effect now as to less dedication—which all on our staff down and we develop a comprehensive what will happen after lunches as to have—and for bringing with that well- energy program for the people of the the allocation of time? rootedness, that deep-rootedness, the United States of America. The PRESIDING OFFICER. The cur- ability to challenge a Senator, to tell I did a talk show yesterday—actu- rent order provides allocation of time us what she thinks even though we ally, it was a television program where until 12:30 p.m. may not like it, to bring forth ideas I was asked about this energy question. Mr. REID. I ask unanimous consent— that aren’t in the conservative realm I was asked about the Arab oil embargo if I could have the attention of the dis- yet are humanitarian, great ideas, the of the 1970s. I said that the Arab oil tinguished Republican leader, the time ideas to help people. The people who embargo of the 1970s was an early has been allocated until 12:30 today. So know Katy French know she means warning. It gave us a second chance to 11:30 is Republican time, from 12:30 to business, but that business has always address the energy question. But when 1:00 would be the Republican time involved taking care of people. prices went down in the 1980s and 1990s again; is that right? One of the first things she did as my and the price of gasoline was not that The PRESIDING OFFICER. The Sen- staff director on the Federal Financial high, we did not take that chance. ator is correct. Management Subcommittee was set up Well, now prices have spiked to an all- Mr. REID. So I ask that the time be a hearing on malaria. What we know is time high. allocated every half hour until 5 millions of people today in Africa are This is not a second chance for us in o’clock tonight, and that I be recog- being cured of malaria because we, in America, this is a last chance for us in nized at 2 o’clock for the half hour of fact, changed that program. The over- America. A sustained cost of gas at $4 Democratic time under the conditions I sight hearings we held changed the di- a gallon, oil at $120 to $150 a barrel will mentioned. rection. I know the Presiding Officer of break the U.S. economy. It will destroy The PRESIDING OFFICER. Is there the Senate now, the Senator from the value of the U.S. dollar, and it will objection? Ohio, is very much interested in that hurt the people of the United States of Without objection, it is so ordered. topic. Through her work, millions of America. Mr. REID. Mr. President, I would Africans are alive today who would not So it is time for us to put these prej- also say that if we have any conference otherwise be alive because the program udices aside, put them aside and sit reports that we can agree on, whoever’s was changed where we actually made a down and be willing to agree. I will be time it is, we will interrupt and try to difference. the first person to lay on a table—I am do that—if, in fact, we get an agree- I can’t think of any greater tribute willing to sit down and talk to any- ment. to an individual who comes to work to body, anyplace, anywhere, about any The PRESIDING OFFICER. The Sen- help us in the Senate than to measure singular facet of the energy crisis if ator from Oklahoma is recognized. the value of what they have done in they are willing to talk about the Mr. COBURN. If we are in a quorum terms of the lives that have been made other facets of the energy crisis. call—— better, made healthier, and have for- As Boone Pickens said, drilling will The PRESIDING OFFICER. We are gone a serious disease and dread. She not solve it, but it will help. Solar will not in a quorum call. also conducted more hearings in our not solve it, but it will help. Wind will Mr. COBURN. I think I have until subcommittee than any other com- not solve it, but it will help. Renew- 11:45, I believe. mittee or subcommittee in the entire ables will not solve it, but they will The PRESIDING OFFICER. There is Senate in the 109th Congress. Most help. What we have to do is put to- no order as to time. staff directors of committees know— gether the pieces of the puzzle that are Mr. COBURN. I thank the Chair. and subcommittees know—how hard it within our grasp and make sure the The PRESIDING OFFICER. The Re- is to put together and hold hearings. people of the United States have abun- publicans control the time until noon. Probably the greatest tribute to dant energy at affordable prices. We Mr. COBURN. Mr. President, our side Katy is the fact that she didn’t stop are sitting on a ham sandwich, starv- of the aisle has allowed me until 11:45 with that. When the Pope was here in ing to death. We are not developing the to speak. his visit this last year, he called on resources we have at our disposal, and KATY FRENCH America’s youth to reach out and because of that, our citizens are paying Mr. President, I am on the Senate make a difference. Katy is in the mid- a dramatic price. floor for a lot of reasons at a lot of dif- dle of her career. She has made a big Anytime, anyplace, anywhere, let’s ferent times, but today is extremely difference in the Senate for three sepa- start talking about solutions rather unusual. I wish to spend the time talk- rate Senators. She has made a big dif- than continuing to perpetuate the ing about how important staff is in ference in terms of the PEPFAR legis- problem. Washington. We are only capable of lation—the original legislation and the I yield back any time we have re- doing and accomplishing what we ac- legislation that we just passed and the maining, and I suggest the absence of a complish because we have staff here to President has signed. She listened to quorum. help us. that call to make a difference. So it is

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7815 both a sad time and a happy time for eign oil. Each year, they have contin- Once again, the Democratic majority me to know that Katy is joining a reli- ued the ban on American energy. Now said no. It was very disappointing. We gious order to further her life in giving it is time for them to get out of the need to come together in a bipartisan to other people. way and open up American energy sup- way to address the energy needs of this She is foregoing money. She is fore- plies. country. Republicans have been saying: going material things. In fact, she will I strongly encourage my colleagues Let’s do a comprehensive approach; be in an order that was established to support Energy Freedom Day and let’s include renewable energy and some 30 years ago associated with the allow the prohibitions on American en- more conservation, but let’s also pass a Catholic Church out of Argentina that ergy exploration to expire once and for comprehensive bill that allows us to she will dedicate the rest of her life to, all. We must actively oppose any at- drill in places such as our Outer Conti- making a difference—a real dif- tempt to extend these bans on Amer- nental Shelf. Deep sea exploration is a ference—in other people’s lives. ican prosperity and security. Now is great way for us to bring more oil and She will be focusing on troubled not the time to deny Americans access natural gas to the United States, to urban youth. Her characteristics and to their own energy. make us less dependent on Middle multilingual talents will lead her in October 1 is going to be a great day Eastern oil. that direction. To me, the greatest for all Americans. I invite my col- My colleague from South Carolina compliment you can have as a Senator leagues to join me in supporting Amer- talked about oil shale. Up to 2 trillion is to have a staff member leave for ican Energy Freedom Day. barrels of oil—which is three times such a higher calling. For Katy and all Mr. President, I yield the floor. more oil than Saudi Arabia has—is po- of those who work in our office and on The PRESIDING OFFICER. The Sen- tentially available between Wyoming, behalf of the Senate, and as a reflec- ator from Nevada is recognized. Colorado, and Utah. Right now, we tion of the rest of the staff of the Sen- RENEWABLE ENERGY have a moratorium put on that. Why? ate, we thank you for your efforts on Mr. ENSIGN. Mr. President, I rise Because the Democratic majority put behalf of freedom. today to speak about the importance of that into law last year. I thank you, Katy, for your efforts on renewable energy and addressing our We need to repeal that moratorium behalf of our office and what we are current energy crisis in the United so that progress can go forward to trying to do for the people of Okla- States. We need a comprehensive ap- make us less dependent on countries homa. Most importantly, I thank you proach to our energy problems in the that—frankly, a lot of them don’t like for your grasp of faith and what it United States. Renewable energy is one us. Whether it is Hugo Chavez in Ven- means to truly give up your life so that of the answers. ezuela, or some of the other more vola- in the words of that man from Naza- Senator MARIA CANTWELL, a Demo- tile regions of the world where we get reth: ‘‘He who is last will be first.’’ crat from the State of Washington, and a lot of our oil today, those are not ex- Katy French has lived that example. I have been working tirelessly to- actly the places where we should be We will miss her. gether, in a bipartisan way, to get a re- sending our money. I thank the Senate for the time. newable energy bill passed through the Currently, the United States sends I yield the floor, and I note the ab- Senate, passed through the House, and about $700 billion a year overseas, fund- sence of a quorum. onto the President’s desk for a signa- ing a lot of governments that are not The PRESIDING OFFICER. The ture. I applaud her for her efforts in our friends. We, as Republicans and clerk will call the roll. this battle. Democrats, need to lay our party labels Mr. DEMINT. Mr. President, I ask We passed our renewable energy aside and become Americans. Let’s do unanimous consent that the order for bill—a bipartisan bill—back in April. something that is right for the coun- the quorum call be rescinded. We attached it to the housing bill that try. Let’s bring more American energy The PRESIDING OFFICER. Without was done then. It passed this body with production to America, so we are less objection, it is so ordered. a vote of 88 to 8. Not too often around dependent on other governments AMERICAN ENERGY FREEDOM DAY here do you see Republicans and Demo- around the world. Mr. DEMINT. Mr. President, I rise crats joining together in such a bipar- I strongly believe we need to tap today to invite my colleagues to join tisan way. But it shows you the kind of more of our coal reserves. That is one me in supporting American Energy support this body has shown toward re- of our cheapest forms of power we have Freedom Day on October 1, 2008. newable energy. Unfortunately, the in the United States. There is exciting On this day, the current prohibitions Democrats in the House of Representa- new technology for coal, called carbon on oil and gas exploration off the Outer tives blocked our renewable energy bill recapture technology. Senator KERRY Continental shelf and in the oil shale from being considered as part of the and I have a subcommittee—he is fields of the West will expire, giving housing bill. chairman and I am the ranking mem- Americans the freedom to access their Once again, we attempted, in July, to ber—and we have done several hearings own energy reserves and providing get our amendment added to the hous- over the last couple of years on this them with relief from sky-high prices ing bill that would expand renewable carbon recapture technology to make at the pump. energy, such as solar, wind, geo- coal even cleaner than it is today. That Estimates indicate there are upwards thermal, and other types of green en- carbon recapture technology is excit- of 18 billion barrels of recoverable ergy to the United States. We would ing. We are talking about capturing 95 crude oil in the off-limit areas of the have been able to attach that to the percent of all of the carbon produced Outer Continental Shelf, as well as housing bill if the majority party had by coal. It can produce more and more more than 55 trillion cubic feet of nat- allowed us to have that kind of a vote. electricity for the United States. ural gas. In addition, estimates indi- Unfortunately, they used the excuse it When we are talking about battery cate that between 800 billion and 2 tril- wasn’t paid for and that the House of technologies for cars, or hybrids, you lion barrels of oil can be drawn from Representatives—the Democrats in the can also produce more electricity so American oil shale. House—would block our piece of legis- that we can take natural gas away Taking advantage of American re- lation from being considered in the from some of these powerplants and sources will increase the worldwide final package. convert some of our cars to natural supply of petroleum and bring down So we offered a compromise and we gas. All of this will lower the price of prices at the pump. The very access to said, OK, we will pay for it, except that gasoline, because we will need less. these resources will send powerful instead of raising taxes to ‘‘pay for it,’’ Today, the price of oil and gas is up price-reducing signals to the futures we will offer spending cuts. The Fed- so high because there is more demand market, providing immediate relief for eral Government is too big anyway. We than there is supply. The world is de- all Americans. said let’s have a very small ‘‘haircut’’ manding more energy, including oil, For over 25 years, Democrats have from nonveteran spending programs than it is currently supplying. That is denied Americans the freedom to ac- across the board. We will do across-the- the reason the price has been going up. cess their own energy, making our Na- board spending cuts—a tiny percent- That is the reason prices will continue tion more and more dependent on for- age. on their upward trend over the next

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7816 CONGRESSIONAL RECORD — SENATE July 31, 2008 several years, unless we bring more say how grateful we are for the bipar- trophe? Well, first, the emergency re- supplies. I would like more of those tisan support in the days after that sponse to the bridge collapse dem- supplies to be right here in America. I bridge collapse, the immediate funding onstrated an impressive level of pre- think that is the right thing to do. It is for emergency relief, and then the paredness that should be a model for good from a national security stand- funding for the bridge so that bridge the Nation. You can never feel good point, from an economic security could be built again. about a tragedy such as this, but I do standpoint, and it is good for the pock- This support from the Senate and the feel good about our police officers, our etbooks of ordinary Americans across Congress helped lay the groundwork firefighters, our paramedics, and our our country. for the fast and efficient reconstruc- first responders. Look at the scene I call on my colleagues to look at a tion of the bridge. In fact, a new bridge they came upon, this enormous eight- comprehensive approach that would in- already spans the river. It is expected lane highway in the middle of the clude renewables, more conservation, that by the end of the year, possibly water, a storm above them, and they and looking for more American energy within the next month or two, cars and dove into that water and literally in the form of oil and natural gas. It is trucks will again be crossing over the saved hundreds of people. the right thing to do for the American Mississippi River on the newly con- This week, the Hennepin County people. structed 35W bridge. My home is only 6 Medical Center, located only blocks It is time for us to act and to quit blocks away. So my family and I look from the bridge, was honored with a playing more politics. The motto on forward to, once again, driving across national award for extraordinary re- the Republican side has been to ‘‘find the 35W bridge. sponse to this crisis. As the Hennepin more and use less.’’ Well, the only way Not only in Congress but across the County attorney for 8 years, I remem- we are going to be able to do that, Nation, the catastrophic failure of this ber meeting with the sheriff, the police frankly, is for the Democrats to talk bridge provoked deep concern that it chief, and other officials as we planned less and start voting more. We need to might not be an isolated incident, that and practiced for disaster relief drills have amendments that are fully debat- there might be a broader problem with after 9/11. Even though no one imag- able on the Senate floor, because there bridges across the country. That is be- ined a major bridge would collapse, the are answers out there. There are no sil- cause a bridge should not fall down in result of all that planning and the ver bullets, but in a comprehensive ap- the middle of America on the 1st day of preparation was evident on the night of proach, we can have answers to bring August in 2007, especially not an eight- August 1 when our survivors were down the cost of gasoline in the United lane interstate highway, especially not quickly rushed to the hospital. States. one of the most heavily traveled Second, we saw how important it was Let’s join together as Republicans bridges in the State, especially not to move forward and build a new, safe and Democrats and act for the good of during rush hour, in the heart of a bridge, and I will show you the bridge the American people. major metropolitan area. as it stands 1 year later. Again, it is 6 I yield the floor and suggest the ab- But on August 1 of last year, the 35W blocks from my house, so I have been sence of a quorum. bridge in Minneapolis fell down. So to- able to watch its progress. You can see The PRESIDING OFFICER. The morrow, 1 year later, we remember the this bridge now. The last piece actually clerk will call the roll. 13 people who lost their lives on that was just added, and it is spanning this The legislative clerk proceeded to bridge, and we remember the 145 people huge river, the Mississippi River. It is call the roll. who were injured, many of them now an eight-lane highway. Ms. KLOBUCHAR. Madam President, living with serious and permanent inju- So what happened in Washington? In I ask unanimous consent that the order ries. 3 days, the Senate voted to provide $250 for the quorum call be rescinded. Tomorrow we also remember the million in emergency bridge construc- The PRESIDING OFFICER (Mrs. many people—the police officers, the tion funding. Representative JIM OBER- MCCASKILL). Without objection, it is so firefighters, the paramedics, the cit- STAR led the way in the House, and it ordered. izen bystanders who risked their lives was a bipartisan effort in the Senate as ONE-YEAR ANNIVERSARY OF THE I–35W BRIDGE by running toward that catastrophe Senator COLEMAN and I worked to- COLLAPSE and not away from it. gether on the relief. Ms. KLOBUCHAR. Madam President, When I watched what unfolded that I personally thank Senator DURBIN tomorrow at 6:05 p.m. Minnesota time, night, I was shocked and horrified. But and Senator PATTY MURRAY for - it will be exactly 1 year since the hor- as the evening wore on and the days ing me with this. I still remember the rific collapse of the I–35W bridge. It is went by, the entire world watched our day the Senate voted for a billion dol- a day and a moment when all Minneso- State come together, and I was proud lars for bridge reconstruction across tans will always remember where they to be a Minnesotan. the country, but it didn’t include the were. They will remember what they We saw the heroes. We saw them in funding for our bridge. I came in early, were doing, they will remember what the face of unimaginable cir- and I sat at my desk, and I said I they heard, and they will remember cumstances. We saw the off-duty Min- wasn’t going to leave until we got our the pictures. Minnesotans will even re- nesota firefighter, Shanna Hanson, who amendment to fund the construction member the weather and what it was grabbed her lifejacket. She was off on our bridge. The pages and the chap- like that day because as if to symbolize duty, but she was among the first on lain came in, and the Senate was start- what was to come, that warm summer the scene. She was tethered to a yellow ing, and Senator DURBIN came and sat day started with clear skies, but by life rope and she was in the midst of next to me and he said: Somehow I late afternoon, dark and ominous broken concrete and shards as she think you are here to do more than storm clouds had begun forming on the swam from car to car, in and out, in pray. He helped me, and we got that horizon, with thunder rumbling in the and out of that river searching for sur- amendment through and we got it distance. Then after the bridge col- vivors. passed. lapsed, as if to provide relief for the We saw a school bus perched precar- Approval of this funding came with rescuers, the storms retreated. iously on the falling bridge deck. I like remarkable speed and bipartisanship. I know many people across America to call it the ‘‘Miracle Bus,’’ perched Capitol Hill veterans tell us it was a will also remember that day, and they on that falling bridge deck, on the side, rare feat to get it done so quickly. will think about those who died and ready to fall in. Inside were dozens of What else can we learn from this those who survived, miraculously, on kids from a Minneapolis neighborhood bridge? Third, we must still get to the that bridge. who had been on a swimming field trip. bottom of why this enormous bridge I know my colleagues in the Senate Their bus was crossing the bridge when fell into the middle of the Mississippi will also remember. I thank each and it collapsed. Thanks to the quick ac- River. It didn’t happen because of a every one of them for their tremendous tion of responsible adults and the kids barge or some kind of electrical storm sympathy and concern for the people of themselves, they all survived. or tornado. It just fell down. Evidence my State following the bridge collapse. Now, with the perspective of a year, is accumulating that the bridge’s con- On behalf of all Minnesotans, I wish to what can we learn from this catas- dition had been deteriorating for years

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7817 and that it had been the subject of collapse of the I–35W bridge, brought Like everyone who suffers loss, the growing concern within the Minnesota out the very best in Minnesotans and it people of Minnesota have come to a Department of Transportation. This united us. We joined together for the tragic anniversary, a hole in the cal- wasn’t a bridge over troubled waters, rescue, we joined together for the re- endar where we confront the pain of this was a troubled bridge over waters. covery, and we joined together for the our past. Friday, at 6:05 p.m., we com- Still, as a former prosecutor, I know rebuilding. I hope that going forward memorate the moment when the I–35W we must wait until all the facts and the ultimate legacy of the 35W bridge bridge collapsed, taking the lives of 13, evidence are in before we reach a ver- collapse can be something positive for injuring hundreds, and disrupting the dict. We will need to be patient as the our Nation. I hope it can bring out the lives of untold thousands. investigation continues. best in all Americans and unite us as I have a few words to share as we ob- Mark Rosenker, the Chairman of the we address the pressing infrastructure serve this first memorial. NTSB, the National Transportation issues facing our country. So much of what Minnesota was, is, Safety Board, said the other day that Tomorrow, as we remember and as and will become is tied to our rivers the NTSB investigation is nearing we grieve for the bridge victims and and bridges. Before the roads and the completion and that a final report their families, let us also look ahead railroads, rivers were Minnesota’s fluid should be ready for public release with- and move forward and take the action highways through difficult terrain. Eu- in 100 days. Already, the NTSB has necessary to make sure that no bridge ropean settlement followed the rivers. publicly released a number of docu- ever again falls down in the middle of Because of Minnesota’s unique geog- ments, photographs, diagrams, and America. raphy, our rivers flow out toward all other evidence that are part of their in- I thank the Chair, and I yield the the points of the compass, which is vestigation. We know this bridge had floor. why we call ourselves ‘‘The Headwaters problems, and we look forward to the The PRESIDING OFFICER. The Sen- State.’’ But rivers can be barriers as well as NTSB report to give us definitive an- ator from North Dakota. thoroughfares, so towns and cities grew swers. Mr. DORGAN. Madam President, how Finally, the bridge collapse in Min- much time remains in this half-hour up around bridges which allowed people nesota has shown us that America allocation? to move perpendicular to the river needs to come to grips with the broader The PRESIDING OFFICER. Nine flows. More than a century later, we questions about our deteriorating in- minutes remain on the Democratic are a State of river towns and bridge towns. frastructure. The Minnesota bridge dis- time. Mr. DORGAN. Madam President, I That is why the I–35W bridge collapse aster shocked Americans into a realiza- came expecting to be recognized at was so significant humanly and spir- tion of how important it is to invest in 12:10, so I think what I will do, I believe itually to Minnesotans. It fell not far safe, strong, and sound infrastructure. my colleague from Minnesota appar- from the Falls of St. Anthony, the head As if we didn’t know already, Min- ently is seeking time as well. I assume of navigation of one of the world’s nesotans got a reminder a few months my colleague from Minnesota is seek- great rivers. It fell where Father Louis after the 35W bridge collapsed, because ing time in the second half-hour allot- Hennepin became the first European to we learned another bridge of a similar ted; is that correct? look on the area which comprises Min- design was inspected and found to be in Mr. COLEMAN. Madam President, I neapolis today. It fell where huge early serious trouble. That bridge is in St. am seeking time to follow on the re- 19th century flour mills, textile mills, Cloud, MN, a major regional city in marks of my colleague from Minnesota lumber processors, and railroad termi- central Minnesota, which is now closed reflecting on the collapse of the bridge, nals met to create an economic boom with plans to replace it. but I will defer to my colleague from which put Minnesota on the map. It Unfortunately, it took a disaster to North Dakota. fell at the heart of our heartland. put this issue of infrastructure square- Madam President, how much time is It has been said that adversity ly on the agenda of this Congress. Ac- left in the majority’s time? doesn’t create character, but it surely cording to the Federal Highway Ad- The PRESIDING OFFICER. There is does reveal it. We witnessed that in the ministration, more than 25 percent of 8 minutes for the majority. days following August 1, and it con- the Nation’s 600,000 bridges are either Mr. DORGAN. Madam President, let tinues to this hour. Preparation is a structurally deficient or functionally me, in the spirit of allowing the two virtue, and our Twin Cities learned the obsolete. That is more than 150,000 Senators from Minnesota to be able to valuable lesson of 9/11, that we have to bridges. When 25 percent of all Amer- complete their discussion of the bridge get ready for the unthinkable. When it ican bridges are in need of serious re- collapse, which is truly a tragedy, let happened to us, there was an extraor- pair or replacement, it is time to act. me ask unanimous consent that the dinarily well-coordinated response When we don’t have enough money to Senator from Minnesota be recognized from law enforcement, medical institu- build new bridges or repair the ones we for that 8-minute period, and that the tions, and other first responders. The already have, there is clearly a prob- majority side be allowed to claim 8 speed and professionalism of their ac- lem with our priorities. And when the minutes in the next half-hour, if that is tions are a textbook case of emergency American people question the integrity what the Senator is suggesting. response. of the bridges they cross every day, we The next half-hour belongs to the mi- We also experienced amazing sponta- must act. Putting it all together with nority. If the Senator wishes to agree neous acts of heroism. It is our natural the bridge collapse in Minnesota, this to a unanimous consent request that instinct to run from pain and danger, should be a national call to action on our side use 8 minutes in the next half- and on this occasion, hundreds of reg- infrastructure. hour, I would be happy to have him go ular Minnesotans ran toward the pain Senator DURBIN and I recently intro- now. and toward the danger and saved many duced the National Bridge Reconstruc- Mr. COLEMAN. No objection, Madam lives. In the days following the dis- tion and Inspection Act. This legisla- President. aster, the 364 days preceding today, we tion has already passed the House and The PRESIDING OFFICER. Without have seen an unprecedented unity of ef- we hope it will move quickly in the objection, it is so ordered. fort among all branches of government Senate. This is only a start, but it is a The Senator from Minnesota is rec- and levels of government, without re- good start, if the Senate will pass it ognized. gard to party or position. Our single and the President will sign it. I am Mr. COLEMAN. Madam President, I goal has been to raise a new bridge hopeful it will get us headed in the first thank and applaud my colleague over our old river that we can be proud right direction. for the leadership she has shown in of and that we can trust, as the pic- In closing, I note one final lesson. dealing with the challenges this Nation tures shown by my colleague from Min- What happened a year ago in Min- faces on infrastructure. We need to do nesota reflect. Our goal has also been nesota reminds us that disasters can something about it. She moved forward to care for those who have been in- bring out the worst or the best in peo- aggressively after the bridge collapse, jured, and we have done that. ple. They can divide us or they can and I joined her and applaud her for But this is a day to remember those unite us. I believe the catastrophe, the those efforts. who have been lost: Greg Joldstad of

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Sathers, a young husband of Min- become factors for which the average The President has responded. He re- neapolis; Peter Hausman, a computer American—and certainly the average moved the moratoria he had placed on security specialist; Christina Idahoan—is paying now at a higher Outer Continental Shelf drilling. Sacorafas, of White Bear Lake; Julia price than they have ever paid. Prices dropped a little as a result of Blackhawk of Savage, MN, 10 miles In my great open Western State of that. Yesterday, the Interior Depart- south of the bridge; Patrick Holms, Idaho, we travel long distances. The ment initiated a 5-year oil and gas also from Mounds View; Sherry majority of our people do not live leasing program for the OCS. They are Engebretsen, a wife, mom, and busi- downtown, don’t live in the suburbs. preparing, if we act, to expedite and nesswoman from Shoreview; and They live out in the countryside. Going allow these areas in which we believe Artemio Trinidad-Mena of Min- to town is a trip that is not unusual to production can go on to go on there neapolis. rack up 50, 60, 70, 80 miles. I grew up on sooner. We have heard the argument I ask my colleagues to join me in a a ranch that was 30 miles from the here on the floor that it is 5 or 6 or 7 moment of silence and reflection in nearest community. It was not unreal- years away. No, it is not. In many their honor. istic, when my mother went to town to areas, it could be as short as 2 or 3 (Moment of silence observed.) acquire groceries or do the family years. And the anticipation of coming Madam President, sometimes a shopping, to travel 60 or 70 or 80 miles into the market in 2 or 3 years, in near- meaningful silence is the only answer. in one round trip. That still goes on ly everyone’s opinion who understands I conclude with the ancient words I today in many of our Western States. oil markets—they would tell you it have prayed many times this last year, So the cost for that family has gone up would bring the price of that product the Hebrew Kaddish, prayed by Jewish dramatically, also, simply by the char- down now in the market. mourners for centuries. It ends as fol- acter of where we live. The price already is coming down— lows: Yet, for the last 2 weeks, in an effort not because of our actions but because May there be abundant peace from Heaven to try to deal with this issue on the of a beleaguered consumer out there and life upon us all and upon all Israel, now floor of the Senate by allowing the of- who simply cannot afford the price say amen. He who makes peace in his fering of amendments that would in anymore. That consumer and his or her heights, may he make peace upon us all and many ways cause production to begin family are already making decisions to upon his Nation, Israel. Now say amen. once again in this country in locations shrink their travel and shrink their gas Madam President, I yield the floor, where we know oil exists today but budgets. They are doing so. and I suggest the absence of a quorum. they have been taken off limits for po- In the last 4 months comparable to The PRESIDING OFFICER. The litical reasons—in that debate over the the 4 months of a year ago, the Amer- clerk will call the roll. last 2 weeks, the leadership, the Demo- ican family has driven 40 billion fewer The assistant legislative clerk pro- cratic Party, the majority leader has miles. They didn’t want to, they didn’t ceeded to call the roll. stopped us from doing so on at least six want to alter their lifestyle, but they Mr. CRAIG. Madam President, I ask different occasions. did. The reason they did is they just unanimous consent that the order for Why, I am not sure—why any leader- simply did not have the money to go the quorum call be rescinded. ship of the great Senate would stop forward. The price began to drop. The PRESIDING OFFICER. Without this Senate from doing what the Amer- Across America today, the gas price in objection, it is so ordered. ican consumer and the American voter many States has now dropped below $4 Mr. CRAIG. Madam President, we are asking for is largely beyond me. I a gallon. may be hours or a day away from ad- could speculate—and I have, on numer- You see the marketplace is out there, journing for the August recess. At the ous occasions, in speeches on the floor and what we have said about supply same time, many of us have said there over the last several weeks, as have my and demand is true in the market even is no more important issue for this colleagues. But one thing is clear: On though here in the Senate the action to Senate to be dealing with than the six occasions, the majority leader, the deny production is to deny that the issue of energy and the price of gas at Democratic leader, has said: No, we marketplace exists. What is going on the pump. For the last year, the Amer- will not proceed to offer amendments today across America is living proof ican consumer has gone through in- to allow or to cause this country to be- that market exists. creasing price shocks as they have seen come once again a producing nation. What can we do? If we were able to more and more of their family budget Now we are about ready to try a sev- act as we have asked our majority left at the service station or gas sta- enth time. I am told that on the De- leader here in the Senate to allow us to tion every time they fill the family fense Authorization Act, cloture has do, we could gain access to what we be- car. First it was $15, then $20, then $25, been filed. That is a procedure we use lieve is about 30 billion barrels of then $30, $40, $50, and in some instances here in the Senate ultimately to force known oil reserves in the Outer Conti- now and in certain locations $60 to fill a vote on whether we will proceed to go nental Shelf. We think there is an addi- the family car. If that family car is to Defense authorization. We could tional 85 billion barrels of undiscovered also the vehicle in which they com- vote on that today if we all agreed or resources out there, simply, if we are mute to their workplace and they have we could vote on it tomorrow, as the allowed to explore and develop the re- to fill it several times a week, it has cloture motion ripens—the term we use sources we know are there that are off become a dramatic hit on the Amer- here in the Senate when all time has limits today—if. ican family in a way that has now run out. I know what our vote is going If I were allowed to offer an amend- clearly registered in polling across our to be. As important as Defense author- ment, here is the amendment I would country and in what we are hearing ization is, we are going to say no. offer. I would go to what we call the every day in our phone calls coming in There is something even more impor- eastern gulf that is now off limits and from those distressed Americans out tant today to every American than I would say: 50 miles out from the there who are paying more for energy that Defense authorization; that is, the shoreline along Florida in the eastern than they ever have before. price of energy at the pump which is gulf, this would be open for leases. We That is just one side of the energy literally sucking the family budget believe there are over 2 billion barrels equation. Our whole world, our whole dry. of oil out there and trillions of cubic economy runs on energy. The cost of What do we do? My guess is we are feet of gas. Right across here are the that energy in that economy has to be going to adjourn for the August recess pipelines and the infrastructure we felt—whether it is in the heating of the having done nothing. Every Senator could connect to, which would go into

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7819 the refining areas in Louisiana and out there are saying: Congress, fix it. The total deaths were 36,574, the Texas. For 3 weeks we have been on the floor total wounded over 100,000, and 1.7 mil- Doesn’t that make sense? Even Flo- trying to do that, and every time we lion-plus men and women in the Armed ridians who once said: No, we do not try it, we are denied that opportunity Forces were in and out of that theater want any drilling, are now by their lat- in the raw name of politics. to preserve freedom. est polling saying: Yes, we do, because Well, we are about to go home. I hope Today, is a flourishing we, too, are going broke at the pump. in the raw name of politics, America’s nation, one with a very strong econ- We want an opportunity to do so. voters rise and say to their politicians: omy. It ranks, I think, 11th worldwide. Of course, what Floridians know is Go back to Washington and do your It is a partner in world affairs in terms that if oil is discovered here, they will work and do it in a way that allows of its strategic importance and, clear- share in the money that comes from it, this great Nation of ours to once again ly, a participant in trying to secure and that can go into their educational become a producing Nation, not just a freedom for others on that historic pe- programs and their State budgets and consuming Nation. ninsula. potentially reduce the tax burden on We know the resources are there. Our I do hope, as the Senate begins to fin- the average Floridian, along with national geologic survey says they are ish its work prior to the August recess, bringing the price of gas down at the there. We know they are there because the Chamber will consider the nomina- pumps in Florida. they have been put off-limits in the tion, which I understand is pending, of I have offered that amendment. I name of the environment years ago Kathy Stevens, a career diplomat of filed that amendment at the desk. Yet when gas was cheap. But many of us many years who has been nominated to the majority leader of the Senate has who have worked in this area for a long become the new Ambassador to South said no, that amendment will not be of- while said the day would come when Korea. fered. there would be a break point and no I had the privilege of visiting with Ultimately, it will be offered. Ulti- longer would America be sitting with her, and I certainly felt that, in every mately, someday the voter is going to cheap energy available in an unlimited respect, she is eminently qualified to say: We have had enough of this. We way. That day is here. take this important post. are not going to stand by and let the Yet, politically, we are bound up. We I wish to thank Ambassador Hill this Senate of the United States block us cannot move. I guess we will now not morning, because he addressed a num- from the resources that are ours as a move to do what we ought to be doing ber of issues, most notably the ques- nation, that need to be developed, that for the American consumer, acting and tion of the deprivation of basic human can bring the price of energy down. allowing these resources to become rights by North Korea to so many of its It is a pretty simple equation and, as available so we can develop them in a citizens. I support Ambassador Hill in many of us have said, this is an interim safe and clean environmental way for his endeavor, and colleagues on both solution. Many of us have called it a the American consumers to use. sides who, in the course of the hearing bridge to the future. The Energy Policy This is a challenge for all of us, but this morning, expressed our concerns Act we passed in 2005, and the new En- it is a challenge we are capable of about the human rights of individuals ergy Policy Act we passed in 2007, al- meeting if we simply surpass the poli- in North Korea and the environs. Sen- ready the Senate of the United States tics of the moment and get on with the ator BROWNBACK, an internationally was recognizing that the day of a na- business of this great country. recognized spokesman on behalf of tion living exclusively on oil as a form I yield the floor. human rights, took an active role in of transportation energy was a day The PRESIDING OFFICER. The Sen- today’s hearing. that would ultimately end and that we ator from Virginia. I wish to note that Senator MIKULSKI would invest in hybrids and electric- Mr. WARNER. Madam President, are and Senator CARDIN from Maryland, powered cars and new technologies. we in morning business at this point? Congressman STENY HOYER, and I met I am very proud, in my State of The PRESIDING OFFICER. We are with a group of Korean war veterans Idaho, that, in part, we have led those on the motion to proceed to S. 3001, who came to the Hill to talk, to memo- kinds of technologies in our national and the minority side has the 10 min- rialize the sacrifices of so many of energy laboratory in Idaho Falls. Hy- utes until 1 o’clock. their fellow service persons of that gen- drogen cars and hydrogen initial com- Mr. WARNER. I ask unanimous con- eration. bustion vehicles and full-sized electric sent that I might use a portion of that I am so humbled and privileged to cars have been experimented with and 10 minutes to proceed as in morning have had that very modest, brief, tour are being developed at that laboratory business. of service with that generation. My and in other facilities across the Na- The PRESIDING OFFICER. Without service was inconsequential compared tion. objection, it is so ordered. to the extensive loss of life and limb by But that is not going to be available HONORING KOREAN WAR VETERANS others during this conflict. tomorrow. It takes billions of dollars Mr. WARNER. Madam President, this But I do urge America not to forget and 10 or 15 years for a lot of this new week our Nation, and indeed nations those who served in Korea. The war is technology to come online and be throughout the world, paid our rev- often referred to as the ‘‘forgotten available to the American consumer. erence to the men and women of a past war.’’ But they laid the foundation for So do we sit idly by and allow the fam- generation who fought so valiantly to the current freedoms in South Korea. ily budget to be drained away? Do we provide freedom for the Southern por- Indeed, Harry Truman’s decision to sit idly by and buy from foreign na- tion of the Korean Peninsula. They stop the spread of communism on that tions the billions of barrels of oil we fought under the Commander In Chief peninsula saved other small nations in currently buy from them and pay $1.2 at that time, President Harry Truman, the region. Today, those countries billion a day to a foreign nation and a courageous man. might not have the freedoms, they now drain not only our family budgets dry It has been 55 years since that con- have, had it not been for the sacrifices but our national treasure? flict. Today, the Senate Armed Serv- of the men and women of the U.S. It is a phenomenal dilemma we have ices Committee held an extensive hear- Armed Forces, and other nations fight- put ourselves in. As you note, I used ing on the current status of the Korean ing under the ‘‘banner’’ of the United the word ‘‘we’’ put ourselves in because Peninsula, most specifically the Nations Organization. it is folks on the floor of the Senate progress we are making, in my judg- I yield the floor, and I suggest the ab- and the House of Representatives ment, with respect to North Korea. sence of a quorum. across the Rotunda from us who have I played a very modest role in that The PRESIDING OFFICER. The put these properties off-limits, who war as a young Marine Lieutenant, for clerk will call the roll. have put Alaska’s oil off-limits, all in a period, 1951–1952, but my contribution The assistant legislative clerk pro- the name of the environment. and participation is of little con- ceeded to call the roll. We caused this crisis, and American sequence when you look at the exten- Mr. BROWN. Madam President, I ask families now know it. Eighty percent sive casualties our Nation took in that unanimous consent that the order for of American families and consumers conflict. the quorum call be rescinded.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7820 CONGRESSIONAL RECORD — SENATE July 31, 2008 The PRESIDING OFFICER. Without For that, I am especially proud of for solar and wind, to which Repub- objection, it is so ordered. Reverend Shuttlesworth. I am espe- licans keep saying no. Of course, they HONORING REVEREND FRED SHUTTLESWORTH cially proud of the role he plays in Cin- keep saying no to that; big oil doesn’t Mr. BROWN. Madam President, a few cinnati, always battling for racial jus- want that. They called big oil. Big oil days ago the Birmingham, AL, airport tice. I am proud the Birmingham, AL, said no; they say no. announced plans to rename the Bir- airport has named their international We say: Let’s do more alternatives mingham International Airport after airport after the Reverend Fred and invest in technologies that will rid Reverend Fred Shuttlesworth. Shuttlesworth. us of our dependence on foreign oil. I rise to honor the work of activist, I yield the floor, and I suggest the ab- America has 2 or 3 percent of the legendary civil rights leader, the Rev- sence of a quorum. world’s oil and she consumes 25 per- erend Fred Shuttlesworth. For more The PRESIDING OFFICER. The cent. We will never drill our way out of than 60 years, Reverend Shuttlesworth clerk will call the roll. this. The only way we will find relief has fought passionately for racial The assistant legislative clerk pro- for the American public is to say no to equality and social justice in our great ceeded to call the roll. big oil. country. Mrs. MCCASKILL. I ask unanimous It is time. They to have muster the Born in Birmingham, AL, Reverend consent that the order for the quorum courage. The sky will not fall if they Shuttlesworth became involved in the call be rescinded. will only stand and say, for the first civil rights movement as a young pas- The PRESIDING OFFICER (Mr. time on that side of the aisle, no to big tor. He organized sit-ins and boycotts. SCHUMER). Without objection, it is so oil. He challenged the injustice for decades ordered. I yield the floor and suggest the ab- of Birmingham’s Jim Crow laws, de- ENERGY sence of a quorum. spite attempts on his life, and there Mrs. MCCASKILL. Mr. President, I The PRESIDING OFFICER. The were many by the Ku Klux Klan. have been presiding in the chair listen- clerk will call the roll. In spite of repeated arrests, attacks ing to some of our friends across the The assistant legislative clerk pro- by police dogs and firehoses, Reverend aisle talk about oil and gas prices and ceeded to call the roll. Shuttlesworth simply refused to back lamenting that we may go home with- Mr. DODD. Madam President, I ask down. In 1957, Reverend Shuttlesworth out taking action. I was blessed to be unanimous consent that the order for joined the efforts with Dr. Martin Lu- home yesterday and had the chance to the quorum call be rescinded. ther King, Jr., and Ralph Abernathy to be in rural Missouri. I talked to a lot of The PRESIDING OFFICER (Mrs. form the Southern Christian Leader- people who represent the heart of our MCCASKILL). Without objection, it is so ship Conference. Members of the SCLC country. ordered. fought side by side to increase edu- I will tell my colleagues what they NATIONAL INFRASTRUCTURE cational opportunities, to promote have figured out. They have learned to Mr. DODD. Madam President, I come voter registration, and to promoting look beyond everybody talking about to the floor today to remember the ter- equality of opportunity for African this stuff and to figure out who wants rible tragedy that occurred 1 year ago Americans throughout the country. what. This is simple for the American tomorrow in Minneapolis, MN, when In 1961, Reverend Shuttlesworth took people. All they need to do is ask about the bridge carrying Interstate 35W over up the pastorate of Revelation Baptist the solutions and who wants them. the Mississippi River near downtown Church in Cincinnati, OH, and contin- The Republican Party says there is Minneapolis abruptly collapsed during ued his campaign for racial justice. the evening rush hour. At least 50 vehi- Bringing the same fearless opposition only one solution. Even with the 68 cles plunged some 60 feet into the Mis- to segregation he had displayed in Bir- million acres they are not touching, sissippi River, killing 13 people and in- mingham, he joined forces with other they only need to have another 10 or 20 juring dozens more. Black ministers to make William million acres and our problems are As we approach the anniversary of Lovelace the city’s first African-Amer- over. Who wants that? Big oil. this devastating event, my thoughts ican judge. What this town has done for decades For greater than a half century, Rev- is give big oil everything it wants. This and prayers and those, I know, of all erend Shuttlesworth spoke out against administration has given big oil every- our colleagues are with the victims and injustice. He has worked to increase thing it wants. For 25 years, big oil has their families, with Senator minority representation in city govern- had its way with the Congress. The so- KLOBUCHAR, our colleague, Senator ment, he has expanded minority hiring lution they are proposing is, once COLEMAN, Representative ELLISON, by the local police department, and again, giving big oil its way. whose district the bridge is in, and all worked to improve access to housing in I don’t know how one can look at to- those affected by this terrible tragedy. Over-the-Rhine, an area of Cincinnati, day’s financial news and not shake The people of my own State of Con- for needy families and throughout their head. ExxonMobil with $12 billion necticut can sympathize in a direct Hamilton County. in profits, announced today, in the last way with the people of Minnesota, as Reverend Shuttlesworth has made 3 months; $11 billion the quarter be- they prepare to remember: 25 years great personal sacrifice, risking his fore. They want to give ExxonMobil an- ago, a bridge carrying Interstate 95— life, risking his own health and the other tax break, and they want to give the main thoroughfare along the east health of his family, so every Amer- ExxonMobil what they want moving coast of the United States—over the ican, without regard to race, would forward. Mianus River in Greenwich, CT, have access to equal opportunity to It is very simple. We got in this mess abruptly collapsed in the early after- succeed. because the Republican Party con- noon. Four vehicles plunged into the I announced my campaign for the tinues to do the bidding of big oil. We Mianus River, three people lost their Senate in 2005 at the church of Rev- will only get out of this mess if we turn lives, and others sustained serious inju- erend Shuttlesworth in Cincinnati. I our back on big oil and start doing ries. It remains one of the worst trans- consider him a friend. I have met him what makes sense for the future. If portation disasters in my small State’s many times over the last 15 or so only we had been willing to say no to history. years. He took me one day to a small big oil in 2000, 2001, 2002, 2003, 2004, and The tragedy in Minnesota is the most room in his church, a room he called a 2005, when the Vice President had 40 recent example of our national infra- museum. It was a room dedicated to meetings with big oil executives and structure crumbling before our very the civil rights movement. It had so one meeting with alternative fuels peo- eyes. Indeed, this is not a problem that many wonderful examples of his cour- ple. only affects Minneapolis or Con- age, his bravery, his accomplishments, It is time we say no to big oil. Amer- necticut or—in the case of last year’s and the accomplishments of so many ica is sick and tired of being hand- steampipe eruption—New York City. people he worked with to promote so- cuffed by the demands of big oil. These are problems affecting every sin- cial justice, to promote economic jus- Democrats say no to big oil. We say gle State, every single county, every tice, to promote civil and human yes to getting out from underneath big single community in our Nation from rights. oil. We do that by extending tax credits San Diego, CA, to Bangor, ME.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7821 For far too long, we have taken all congestion, then I think we can do bet- We need to once again recognize that our infrastructure systems—our roads, ter. When one out of three of our roads to grow as a people, to have our econ- bridges, mass transit systems, drinking is in poor, mediocre, or fair condition, omy grow and provide the jobs and ful- water systems, wastewater systems, then I think all of us would agree we fill the aspirations and hopes of many public housing properties—for granted. can do better. When the United States Americans, we have to grow as well in For far too long, we have failed to in- invests less than 2 percent of its gross our capacity to handle that kind of vest adequately in their long-term sus- domestic product on infrastructure, growth. The infrastructure needs of our tainability. Today, we find ourselves in while nations such as China and Nation are daunting. a precarious position concerning their India—the major competitors of this So on this tragic anniversary of the future viability—a precarious position country in the 21st century—invest be- events in Minneapolis and the reminder that is costing lives and jeopardizing tween 7 and 12 percent, then I think all of what occurred in my own State, as the high quality of life we have come of us recognize we need to do better or well as the recognition of what is oc- to enjoy and expect as American citi- we are going to find our country in a curring every single day all across our zens. very weakened position very quickly. Nation, my hope would be that in the The Federal Highway Administration Infrastructure is not something you coming Congress, whether we are talk- estimates that 152,000 of the Nation’s can correct overnight. The investments ing about a McCain administration or bridges are either structurally defi- need to be made. It takes time to do it an Obama administration, that infra- cient or functionally obsolete. Put an- right. We are almost to the second dec- structure would be a high priority for other way, one out of every four ade of this century, and we remain way our country, that we get on that track bridges in our Nation is in a state of se- behind in this area. together, as Democrats and Repub- rious disrepair. The American Associa- Tomorrow is also the 1-year anniver- licans, and come up with some creative tion of State Highway and Transpor- sary of the introduction of the Na- ideas on how we can invest in this tation Officials estimates it would cost tional Infrastructure Bank Act that I needed aspect of our economy. have offered along with Senator CHUCK With that, I yield the floor. some $140 billion just to repair the The PRESIDING OFFICER (Mr. 152,000 bridges that are in that condi- HAGEL of Nebraska. It is a bipartisan bill that has gained a number of co- SALAZAR). The Senator from Louisiana tion. is recognized. The life-threatening problems are not sponsors over the last year, and we ENERGY confined to bridges. The National High- would like more. Mr. VITTER. Mr. President, I rise to way Traffic Safety Administration re- The Infrastructure Bank would es- tablish a unique and powerful public- urge action on what is clearly the sin- ports that approximately 14,000 Ameri- gle top priority, the single top chal- cans die each year, at least in part, be- private partnership to restore our Na- tion’s infrastructure. Using limited lenge for American families; that is, cause our roads and bridges are no sky-high gasoline prices and energy longer up to the task. Federal resources, it would leverage the significant resources, both at home prices. Congestion on our highways causes In the real world, in every State of tons of carbon dioxide and other pollut- and abroad, of the private sector. If we don’t talk about how we are going to the Union, families are struggling with ants to be pumped into the atmosphere this enormous additional burden. Gaso- every day. These emissions com- finance this, it is not going to happen. Madam President, I ask unanimous line prices, the prices at the pump—all promise the health of children and consent to proceed for 2 additional energy prices have obviously gone adults and contribute to global warm- minutes. through the roof in the last several ing, which poses immense risks to the The PRESIDING OFFICER. Is there months. Yet, even faced with this true future of all of us. This congestion on objection? crisis, even faced with this outpouring our highways stems from the absence Without objection, it is so ordered. of hurt on the part of the American of mass transit systems or other ade- Mr. DODD. We need to come up with people and call for action, we are not quate means to move people. a financing mechanism. We all under- yet acting. We are not yet acting as Tens of millions of Americans receive stand the need for doing this. I think grownups. We are not yet coming to- drinking water in their homes every all of us recognize as well that we are gether. We are not yet acting on the day from pipes that are, on average, not going to talk about doing this out issue. I urge us to do just that and to over 100 years old. In our Nation’s cap- of the appropriations process alone. simply act in a full, bipartisan, and ital city, in the area of Georgetown— There are not enough resources there balanced way on what is clearly the one of the city’s most affluent neigh- to meet the $1.6 trillion currently need- single biggest challenge facing Lou- borhoods—wastewater is still conveyed ed to repair decaying infrastructure. isiana and all American families. through wooden sewage pipes con- We need a better mechanism to finance The good news is that at least there structed in the 19th century. this. Senator HAGEL of Nebraska and I has been an energy-related bill on the In the city of Milwaukee, over 400,000 have worked with the Center for Stra- floor of the Senate which has been the people were sickened several years ago tegic and International Studies over pending business that I think goes with flu-like symptoms caused by a the last 21⁄2 years, along with Senator back to Tuesday, July 22—almost 2 full strain of bacteria in the municipal Bob Kerrey, the former Senator of Ne- legislative weeks ago. The bad news is drinking water system of that commu- braska; Warren Rudman, the former the distinguished majority leader has nity. The bacteria strain was eventu- Senator of New Hampshire; Felix blocked all attempts to have an open ally linked to inadequate treatment of Rohatyn, a well-known business indi- debate and an open amendment process the drinking water. vidual from New York who is almost about energy. It is not just our health and safety certainly responsible for getting New That bill—his bill—about the limited that is affected by our crumbling infra- York City back on its feet years ago; issue of speculation—and I urge us to structure; in fact, our national pros- and John Hamre, a former official at act on speculation, but we clearly must perity is at stake. From the days of the the Defense Department, and we have act on other things as well—that spec- Roman aqueducts to the present, a na- constructed a means by which a lim- ulation-only bill has been the business tion’s ability to grow and prosper has ited amount of Federal dollars could at hand on the floor of the Senate for always relied upon its ability to effec- attract massive amounts of private almost 2 legislative weeks, and yet we tively move people, goods, and infor- capital to allow us to really begin this haven’t had a single amendment con- mation. work. sidered, certainly not a single vote on Ask any American today how we are Absent some idea like this—and we an amendment. What an enormous lost doing in achieving this objective, and think this is a good one—then year opportunity. What an enormous exam- chances are the response would be the after year we can give speeches about ple of pure obstructionism in Wash- same: We are not doing very well, and our infrastructure, but nothing much ington and the sort of gridlock people we could be doing substantially better. will happen. This bill is designed to are sick and tired of when the country When the average American spends deal with regional and national needs, truly faces a crisis. American families 51.5 hours a year—more than 2 full days not local ones. We leave those up to the face enormous challenges based on en- of one’s life, per year—stuck in traffic local municipalities. ergy prices. We need that real debate.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7822 CONGRESSIONAL RECORD — SENATE July 31, 2008 We need that open amendment process. of key issues and a number of key ques- The PRESIDING OFFICER. Without We need to act as grownups. We need to tions, but they are balanced. They are objection, it is so ordered. come together and act on energy. not just about drilling because we can’t Mrs. DOLE. Mr. President, the Fed- It is in that vein that I suggest two just drill our way out of the problem. eral Government has more acronyms very specific things. First of all, in less They have us use less and find more at for more Federal agencies that produce than 24 hours, I assume there is going the same time. That is exactly the sort more economic statistics than anyone to be some move for us to go home for of balanced approach we need, as I said can reasonably be expected to com- August. I don’t think we should until a few minutes ago. Yes, use less. Yes to prehend in a single sitting. We have the and unless we take some reasonable ac- conservation. Yes to greater efficiency Office of Management and Budget, the tion on energy. I believe it is a deroga- standards. Yes to new technology. Yes Congressional Budget Office, the Bu- tion of our responsibility to go home to renewables. Yes to biofuels. Yes to reau of Labor Statistics, the Bureau of for any length of time when this crisis alternative fuels. Also, at the same Economic Analysis—just to name a is hanging out there and this institu- time, yes to accessing greater supply few. tion is failing to act. I think we should right here at home, to accessing that These agencies produce a wealth of stay here and work. We should stay energy we have here offshore, in West- information that we use to inform our here and act in a fair and in a balanced ern States in shale deposits and else- policy decisions with facts and expert way. where, to help ourselves rather than analysis; but I often find that the best We should consider a host of issues— have to go beg, hat in hand, to Middle advice I get on matters of public policy yes, including speculation, but also Eastern countries to cut us a break. We comes not from these experts and their fundamental issues that go to supply need to do all of the above. We need to reports, but from the wisdom and sin- and demand on both sides of that equa- act on the demand side and the supply cerity of North Carolinians who write tion: conservation, yes; greater fuel ef- side to stabilize, bring down prices, and to me. ficiency, yes; new technology, yes; re- help American families with this, their I received a letter recently that I newable sources of energy and alter- top challenge and their top concern. think gets to the heart of our energy native sources of energy, yes. Also, we I have seven amendments. Unfortu- debate here in the Senate. It comes should be doing something on the sup- nately, under the rules of the game from a retiree who is living on a fixed ply side: finding more here at home and that the distinguished majority leader income from his life savings, who re- using our resources we do have right has laid out, I haven’t come near any sides in Lake Junaluska, North Caro- here at home. So I am against going opportunity to call any of those lina, a picturesque mountain town of home, going off on vacation, going on amendments up, and certainly I have 3,000 situated on a pristine mountain the August recess—however you want not been able to have a vote on those lake. I used to go to church camp there to put it—when we are not acting on amendments. The majority leader at almost every summer when I was grow- the top priority and concern of the one point offered four votes on the en- ing up. ‘‘Too much energy,’’ the letter reads, American people. tire issue; none of them would have Secondly, I certainly oppose moving been on my amendments. He then re- ‘‘has gone into rhetoric and not enough off this topic, which has been what the scinded that offer, so we are back to an into actually doing something about it. We have so many brilliant leaders and distinguished majority has tried to get offer of zero amendments and zero the ability to make major trans- us to do over and over again. We will amendment votes. formations, so let’s concentrate on ac- have an upcoming vote—his latest at- Let’s get serious about a serious tion and do whatever it takes to reduce tempt to get us off this topic. He has challenge facing American families. Let’s not only be on the topic on the our dependence on foreign oil.’’ filed a motion to invoke cloture to pro- My friend from Lake Junaluska is ceed to the Defense authorization bill. Senate floor—so what. Let’s act on it in a grownup way, in a bipartisan way, right. Indeed, too much energy in this Defense is an extremely important energy debate has been spent on par- issue, particularly in this time of war in a balanced way, addressing supply and demand, using less and finding tisan rhetoric, and not enough on de- and terrorist threat. However, I can livering real solutions to provide tell my colleagues the reaction the more right here at home. Let’s take up not just my amendments but any good Americans with relief from these American people have to this choice of record high gas prices. energy versus Defense authorization. ideas for debate and consideration and votes, and let’s act on the single great- Both sides bring important and They have the same reaction I have: est challenge facing Louisiana families worthwhile ideas to this debate. On one Staying on energy, acting on energy in whom I represent and American fami- side, we see a focus on conservation a meaningful, bold, positive, balanced lies across the Nation. Surely we and cracking down on alleged bad be- way, is the single most important shouldn’t vote to move to any other havior in the energy market. On the thing we can do to improve our secu- topic when we still have this tremen- other side, we hear more about energy rity, to improve our defenses. Quite dous challenge not acted upon. exploration. frankly, that is far more important for I think we shouldn’t run home for the There is no ‘‘silver bullet’’ that can national security and for defense than August recess to vacation or even to solve our energy woes. We need every any Defense authorization bill. So talk with our constituents when this option on the table. We need to throw surely we should reject that attempt to enormously important pending busi- everything and the kitchen sink at our move off the subject to take this vote ness is not acted upon. Let’s stay here. energy crisis. Conservation. Alter- and move to the Defense authorization Let’s work. Let’s come together. Let’s native energy. Energy exploration. bill when the single biggest issue that act for the American people. It is per- Market fairness. not only faces American families and fectly obvious to them that this is our There is no reason we can’t develop a hits their pocketbooks but also the sin- greatest national challenge. This is comprehensive strategy that includes gle biggest national security issue is their greatest personal and family the best ideas from both sides of this energy. challenge as they try to live their real debate. So, again, I urge us to reject that at- lives in the real world. We have to get The bottom line is that high gas tempt once again to move off the sub- that message and act on it here in Con- prices are driven by too much demand ject. We need to stay on energy but, gress. and too little supply. Last year, global more importantly, we need to act on Mr. President, with that, I yield the demand exceeded global supply by energy. We need to reject that cloture floor, and I suggest the absence of a roughly one million barrels per day. vote. I urge us to stay here and work quorum. Because of that, families in my home and act rather than go off on any Au- The PRESIDING OFFICER. The State of North Carolina are having to gust recess. We must address this cru- clerk will call the roll. pay 30 percent more to fill their tanks cial energy issue. The legislative clerk proceeded to than they did just 1 year ago. As so many of my colleagues, I have call the roll. To truly solve this problem, we have important amendments on the topic. I Mrs. DOLE. Mr. President, I ask to tackle both the demand side and the specifically filed seven amendments. unanimous consent that the order for supply side. We need to find more and Those amendments address a number the quorum call be rescinded. use less.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7823 On the demand side, we need to make To lower gas prices and reach our ul- effort to lower gas prices and reduce major investments in alternative en- timate goal of energy independence, we our dependence on oil. But the exact ergy research and take a crash course need every option on the table—every- opposite is true. Republicans may talk in conservation. thing and the kitchen sink. about high gas prices and oil prices That is why I introduced legislation Mr. President, I yield the floor and today, but they are late to the party last week to repeal roughly $17 billion suggest the absence of a quorum. and they have shown up empty-handed. in tax breaks to oil companies, and The PRESIDING OFFICER. The The one idea they have come up with pour that funding into alternative en- clerk will call the roll. lately is more coastline drilling. But ergy research. With the price per barrel The legislative clerk proceeded to we all know it won’t have any signifi- of oil at record highs, the market is call the roll. cant impact on prices, and some say in providing petroleum producers all the Mr. REID. Mr. President, I ask unan- more than 20 years. That is according incentive they should need to produce imous consent that the order for the to the Bush-Cheney administration, more oil. So, that funding would be quorum call be rescinded. which says the change in price will be better spent by investing in alternative The PRESIDING OFFICER. Without in the year 2027. sources of energy that are the key to objection, it is so ordered. Yesterday, in the New York Times our energy future. UNANIMOUS CONSENT REQUEST—S. 3044 and in newspapers all over America, In the near term, we could also help Mr. REID. Mr. President, 92 times the most syndicated columnist in decrease demand by incentivizing the this session, which is now in its 19th America, Tom Friedman, wrote as fol- purchase of hybrid and other clean fuel month, Senate Republicans have fili- lows: vehicles with point of sale rebates and bustered critical legislation, every- Republicans have become so obsessed with by investing in better transit systems. thing and anything to maintain the the notion that we can drill our way out of While decreasing demand and invest- status quo. Of course, it is an all-time the current energy crisis that reopening our ing in alternative and renewable forms record, 92 filibusters. It is more than coastal waters to offshore drilling has be- of energy is certainly a necessary part 100 percent of what has been done in a come their answer for every energy question. of any comprehensive energy solution, full Congress—that is 2 years—and this Anyone who looks at the growth of middle it is by no means sufficient. We cannot has been done in a year and a half. classes around the world and their rising de- mands for natural resources, plus the dan- simply conserve our way to energy For those unfamiliar with the lan- gers of the climate change driven by our ad- independence. guage of the Senate, a filibuster is a diction to fossil fuels, can see clean renew- We must also increase supply by stall tactic to give a Senator more able energy—wind, solar, nuclear, and stuff making better use of America’s vast time, but it prevents the Senate from we haven’t yet invented—is going to be the energy resources. We should open up debating legislation. A filibuster is not next great global industry. It has to be if we 2,000 out of 19.6 million acres in ANWR a ‘‘no’’ vote in the true sense of the are going to grow in a stable way. to energy exploration. We should cap- word. It is an objection to even having Friedman went on to say: italize on our immense oil shale re- a vote. A filibuster cuts off debate be- Therefore, the country that most owns the serves, which could produce three fore there can even be a vote. Most im- clean power industry is going to most own times as much oil as Saudi Arabia’s portantly, it cuts off negotiation and the next great technological breakthrough— proven reserves. And we should also compromise. the ET revolution, the energy technology allow the States decide whether or not Ninety-two times and more than 100 revolution—and create millions of jobs and to permit offshore energy exploration percent than has ever been done before, thousands of new businesses, just like the IT at least 50 miles off their shores on the revolution did. Republicans have filibustered Amer- Republicans, by mindlessly repeating their Outer Continental Shelf, where we ica’s priorities. Republicans have offshore-drilling mantra, focusing on a 19th- could gain access to billions of barrels shown no favoritism on whom their century fuel, remind me of someone back in of oil. filibusters harm the most. They have 1980 arguing we should be putting all our Of course, some will argue that filibustered our troops, veterans, chil- money into making more and cheaper IBM bringing these energy resources online dren, working families, small busi- Selectric typewriters—and forget about will take years to complete, and won’t nesses, elderly, disabled, and recently these things called the ‘‘PC’’ and ‘‘the Inter- help provide the immediate relief that stroke victims, those suffering from net.’’ It is a strategy for making America a second-rate power and economy. folks need. But, if anything, that paralysis, those suffering from Lou means we cannot afford to let another Gehrig’s disease. The list is endless. He is not only the most well-read and day pass without pursuing them. Not a single American has escaped the the most well-spread columnist in After all, if President Clinton hadn’t harm of a Republican filibuster in this, America today but a man who is a vetoed legislation in 1995 to allow en- the 110th Congress. prize winner for his best selling books, ergy exploration in ANWR, our current Perhaps our country has been most and his books are so tremendous be- energy shortfall would already be re- damaged by Republicans blocking us cause they see the world as it is going duced by roughly 1 million barrels per from addressing the energy crisis. CNN to be, not as it now is. day. issued the results of a poll they took Their one idea, more coastline drill- To provide immediate relief, we can over a couple days very recently. Here ing, is not the answer. It is no wonder release one-third of the strategic petro- is how the American people feel about Senator MCCAIN said the plan was leum reserve to inject some much- major causes of high gas prices: purely psychological, the Republican needed supply into the markets, which No. 1, U.S. oil companies. Is that any plan for more coastal drilling is psy- will drive down prices in the near term surprise with the record profits being chological. and send a signal to market specu- reported today by Exxon? This morning we came to the Senate lators that the American Government No. 2, foreign oil producers, OPEC floor. We were going to offer some con- is dead serious about lowering gas mainly. sent agreements, but the time was in- prices. And, of course, speculators. convenient. I did not want to use lead- Because of enormous and unprece- One, oil companies; two, oil pro- er time and throw off the sequence of dented economic growth in developing ducers; three, speculators, and new de- time we had. So we are here this after- countries like India and China, it is im- mand from other countries, and the noon to offer Republicans yet another perative that in this debate we keep American people are very perceptive. chance to end their obstruction and do our eyes fixed firmly on the ultimate We know there is a tremendous demand the right thing. We will offer unani- goal of ending our dependence on for- from India and China. mous consent requests on seven Energy eign oil altogether. Facing an ever- No. 5, a major cause of higher gas bills, each one of which is extremely dwindling global supply of oil and ever- prices, the Bush administration. important, a package of bills that increasing global demand for energy, No. 6, the war in Iraq. would lower the price we pay at the this is not a goal or a debate that we So if you only heard the faint out- pump while applying for the long-time can take lightly. When it comes to se- rage of our Republican colleagues, you transition away from oil and toward curing America’s energy future, par- might think it is the Democrats who clean renewable fuels of the future tisan politics need not apply. spent the past 2 years blocking every Tom Friedman talked about.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7824 CONGRESSIONAL RECORD — SENATE July 31, 2008 If past is prolog, Republicans will ob- more importantly, it reduces demand. publicans on the energy question has ject to each of these proposals. If they First, building codes, 40 percent of our come down to two or three very basic do, and they probably will, it will be energy is used by cooling and heating things: First, the Republicans in the clear again for all Americans to see buildings. Certain States have put in Senate and Senator JOHN MCCAIN are which party wants to only talk about building codes for decades and dramati- stuck on old ideas. Secondly, they our energy crisis and which party cally reduced demand. We also have re- can’t wait to go hat in hand to big oil— wants to solve it. search for batteries, so we might have the oil companies—and ask them: What The first I would like to offer is S. electric cars and many other provi- would you like us to do next? Well, the 3044, the Consumer-First Energy Act. sions. oil companies have a pretty good agen- This is a very thoughtful piece of legis- I cannot go into all of them because da. Before President Bush and Vice lation which ends billions of dollars of time is narrow. Why do my colleagues President CHENEY leave town, can you tax breaks for big oil companies, and if oppose something so rational? The bot- try to find some way to provide even there is ever an opportunity to recog- tom line is because they want to do more Federal acreage we can drill on nize why they are unnecessary, look at what the oil companies want: give maybe in the future? We want to stock those profits today and what they do them record profits. it in our portfolios and get to it an- with those profits. Do they do new en- What do the oil companies do with other day. Can you make sure you do ergy exploration? No. Do they invest in those profits? Do they promote alter- that before President Bush leaves renewables? No. They buy back their native energy? Absolutely not. Do they town? stock. drill domestically? We are hearing all That is the Republican agenda: More It was announced today they made this talk about drill. Look what the oil acreage beyond the 68 million they cur- last quarter, Exxon alone, about $12 companies do with their profits. They rently have and no vision for the fu- billion. S. 3044 would force oil compa- buy back stock. That is very good if ture. It is an old agenda, an old idea. nies to invest some of their massive you are a big shareholder in The Grand Old Party is stuck in an old profits in clean, alternative affordable ExxonMobil. It is very bad if you are a way of thinking when it comes to en- fuels rather than buying back their homeowner heating your home or a ergy. stock. S. 3044 would protect the Amer- commuter driving your car. The bill I am about to talk about ican people from price gouging and It does no one any good except a looks to the future. It is a vision for to- profiteering. It would also stand up to handful of people, mostly very well off, morrow. Of course, there is responsible OPEC countries that are colluding to to raise ExxonMobil stock, raise Chev- exploration and production—there has keep prices high. ron stock, raise BP stock, and not put to be and there should be—but it real- Mr. President, I ask unanimous con- that money into production. izes that the energy future of America sent that the Senate proceed to the im- Our proposal doesn’t do what the oil and the world has to be different. We mediate consideration of Calendar No. companies want, but it increases pro- have to get ahead of the curve. As Sen- 743, S. 3044, the Consumer-First Energy duction, domestic production, and re- ator REID said in quoting Thomas Act; that the bill be read three times, duces demand, exactly the slogan that Friedman, it is time for us to think of passed, and the motion to reconsider be my colleagues are talking about on the the energy revolution we are about to laid upon the table; and that any state- other side of the aisle. But it does it in engage in, one that is going to make a ments relating to this bill be printed in a way not that the oil companies want profound difference in our lives. the RECORD, as if given. but that America wants. Twice this week we have given the The PRESIDING OFFICER. Is there Mr. President, I ask unanimous con- Republicans a chance to vote for a real objection? The Senator from Arizona. sent that the Senate proceed to the im- energy package. Is it a bipartisan plan? Mr. KYL. Reserving the right to ob- mediate consideration of a bill au- Read this quote from 48 Governors, ject, this bill does not produce any new thored by Senator BINGAMAN, the En- Democrats and Republicans, across the American energy and would increase ergy Price Reduction and Security Act United States. the price of gas at the pump. Further, of 2008, which is at the desk; that the Securing our energy future must be a pri- I agree with Chairman BINGAMAN that bill be read a third time, passed, and ority at both the State and Federal levels. a windfall profits tax is ‘‘very arbi- the motion to reconsider be laid upon We strongly urge you— trary’’ and ‘‘bad policy.’’ For these rea- the table; and that any statements re- They are speaking to the Congress— sons, I object. lating to the bill be printed in the to partner with States by passing legislation The PRESIDING OFFICER. Objec- RECORD, as if read. on a bipartisan basis to extend expiring re- tion is heard. The PRESIDING OFFICER. Is there newable energy and energy efficiency tax The Senator from New York. objection? credits that can be enacted this year. UNANIMOUS CONSENT REQUEST—ENERGY PRICE The Republican whip. The Governors understand it. The REDUCTION AND SECURITY ACT OF 2008 Mr. KYL. Mr. President, reserving American people understand it. The Mr. SCHUMER. Mr. President, I am the right to object, this bill does not Democrats in the Senate understand it. going to speak about a proposal that open a single new acre for the produc- It is only the Republican Senators who has been at the desk for a period of tion of American energy and, in fact, continue to object. time and was put together by Senator would place new regulations and fees Now, what are these incentives? They BINGAMAN which deals in a very real on American energy production, which are incentives for renewable energy way with the issues about which so would raise the price of gas at the that will chart a course for America to many of our colleagues on the other pump. For these reasons, I object. find clean energy sources and the cre- side of the floor have talked. The PRESIDING OFFICER. Objec- ation of new businesses and new jobs so First, it does increase domestic pro- tion is heard. America can again lead the world. The duction by giving the Secretary of the The assistant majority leader. Republicans look in the rearview mir- Interior the authority to shorten lease UNANIMOUS CONSENT REQUEST—S. 3335 ror at drilling for oil because that is terms and raise rental rates, requiring Mr. DURBIN. Mr. President, 68 mil- where the big oil companies are—their oil companies to comply with bench- lion acres are currently open to the oil friends, their allies, their inspiration marks. It would require the oil compa- and gas companies, Federal land leased when it comes to energy. nies to drill rather than just hold prop- to them for oil and gas exploration. This bill that came before us yester- erty for decade after decade and not You would think, from the position and day brought in five Republican votes. produce. the statements on the Republican side Only 5 out of 49 crossed the aisle and It would also bring down prices im- of the aisle, that there was no land joined us to try to pass it. Not enough. mediately by selling about 70 million available and that we have to find new They know it. Coincidentally, four out barrels of high-quality light crude in opportunities for oil and gas compa- of five are in tough reelection contests. the SPR, replacing it later with low- nies. They have 68 million opportuni- They understand when they go home quality heavier crude. ties they are not using today. that they can’t sell this ‘‘drill forever’’ Mr. President, 90 percent of sales Time and time again, over the last and the mentality the Republicans in would be invested in LIHEAP. Even several weeks, the position of the Re- the Senate have been peddling.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7825 The bill talks about incentives for each other’s ideas, and that means The PRESIDING OFFICER. Is there biomass and hydropower, solar energy, each side moving off its hard-and-fast objection? biodiesel, advanced coal, electricity, position, meeting somewhere in the The Republican whip. demonstration plug-in electric cars, middle. Mr. KYL. Reserving the right to ob- battery performance standards, idle re- Republicans are ready and willing to ject, this bill does not provide any new duction units for trucks, and so many negotiate a true compromise, and I American energy, is flawed, and, in other things that move us forward hope we can instruct our respective fact, the New York Times recently using those nonpolluting renewable staffs to work on compromise during called it a ‘‘misbegotten plan.’’ sources of energy that are truly our fu- August. Senate Republicans believe we should ture. I object to the original request. continue to work on the bill so it Time and time and time again, the The PRESIDING OFFICER. Objec- would provide meaningful relief from Republicans in the Senate have said tion is heard. high gas prices for American families. no, no to these incentives for renew- The Senator from North Dakota. For this reason, I object. able energy and no to our future. I will UNANIMOUS CONSENT REQUEST—S. 3268 The PRESIDING OFFICER. Objec- give them a chance this time. Mr. DORGAN. Mr. President, the tion is heard. Mr. President, I ask unanimous con- pending business of the Senate is S. The Senator from Washington. sent that the Senate proceed to the im- 3268, the Stop Excessive Energy Specu- UNANIMOUS CONSENT REQUEST—S. 3186 mediate consideration of Calendar No. lation Act. That is currently the pend- Mrs. MURRAY. Mr. President, no one 767, H.R. 6049, the Renewable Energy, ing business. That has been objected in this country should have to choose Job Creation Act of 2008; that the to. I would like to try, once again, to between heating their homes and put- amendment at the desk, the text of see if perhaps we can do what every one ting food on the table. But with oil which is S. 3335, be considered and of us as kids has been told by our par- prices rising through the roof, more agreed to, the bill, as amended, be read ents to do—first things first. We need and more of our low-income families a third time, passed, and the motion to to do a lot of things and a lot of things and our seniors today need extra help reconsider be laid upon the table; that well—produce more energy, produce to stay warm and healthy. The cost of any statements relating thereto be different energy, and conserve more en- heating oil has risen 162 percent over printed in the RECORD. ergy. I understand that. I think almost the last 8 years, and by this winter it The PRESIDING OFFICER. Is there all of us agree with that. But first will have risen another 41 percent in objection? things first. the last year alone. The minority whip. We have a broken oil futures market, As these oil prices have skyrocketed, Mr. KYL. Mr. President, reserving and let me describe it. Seventy-one some regions of the country, including the right to object, I ask that the percent of those who are trading in the some counties in my home State of unanimous consent request be modi- oil futures market are speculators. Washington, have had to cut back on fied; that instead of adopting S. 3335 as They don’t know about oil. They do not the amount of heating assistance they an amendment, the Senate adopt the want any oil. They do not want to can provide to the people who live McConnell-Grassley substitute which is carry a 5-gallon can of oil. They want there. The Seattle Times, our home- filed at the desk. This substitute pro- to trade paper and make a lot of town paper in Seattle, is today report- vides the AMT patch, extends all of the money. ing almost 100,000 people in Washington traditional tax extenders, some of A couple months ago, the vice presi- State alone will pay hundreds of dol- them with modifications, it extends dent of ExxonMobil says the price of lars more to heat their homes this win- the many energy tax incentives, pro- oil should be about $50 or $55 per bar- ter. Many people are already planning vides for Midwest disaster relief, and rel. The CEO of Marathon Oil has said on how they are going to get by with- includes no tax increases. the same thing. Finally, in testimony out heat because they can’t afford it. The PRESIDING OFFICER. Does the before the Congress, Fidel Gheit, 30 Last week, we had a chance in the Senator modify his request? years in this business at Oppenheimer Senate to the funding available Mr. DURBIN. Reserving the right to and Company—the top energy person to help our low-income families and object, the Republicans, the Grand Old at Oppenheimer and Company—said: seniors to afford to heat their homes Party that used to be the party of fis- There is no shortage of oil. I am absolutely this winter. The Warm in Winter and cal conservatism, refuses to pay for convinced that the price of oil shouldn’t be a Cool in Summer Act, which is S. 3186, these tax breaks. We have come up dime above $55 a barrel. would have ensured our local govern- with an approach that is reasonable In speaking of the futures market, he ments were able to cover these addi- and accepted by the business commu- said: tional costs and help those who need it nity and that puts the tax burden on I call it the world’s largest gambling hall, most. We were all extremely dis- companies that are shifting jobs over- open 24/7 and totally unregulated. It’s like a appointed that despite the fact that 13 seas. The Republicans can’t stand the highway with no cops and no speed limits Republican Senators were cosponsors thought of imposing taxes on compa- and everybody going 120 miles per hour. of this legislation, they chose last nies that are sending American jobs The result. The price of gas has dou- week to say no, once again, on behalf overseas and that is why they object to bled in a year. There is nothing in the of big oil. our bill and that is why I object to supply-and-demand relationship of oil As we debate the refinements of how their alternative. that justifies doubling the price in a we are going to solve the short-term The PRESIDING OFFICER. Is there year. It is because the market is bro- crisis, it seems logical to me that we objection to the original request? ken and infested now with oil specu- not leave behind the people who are Mr. KYL. Mr. President, further re- lators. hurting the most. For seniors, low-in- serving the right to object, yesterday, We say first things first. We have come Americans, people who are truly the majority leader said that legis- crafted a bill to try to wring the specu- worried, can’t we come together on lating is the art of compromise, and in- lation out of that market and preserve this one issue and solve it as we try to deed it is. There has been discussion it for ordinary hedging, for which it take care of the large energy crisis be- here about the Grand Old Party—my was originally created. fore us? party, of which I am proud—comparing Mr. President, I ask unanimous con- Mr. President, I come to the floor it to the idea that oil is in the past, sent that the Stop Excessive Energy today to ask unanimous consent that that oil is an old idea, we were told, Speculation Act, that we are recog- the Senate proceed to the immediate and Republicans are stuck in the past. nizing as the pending business, we pro- consideration of Calendar No. 835, S. The Democrats are for renewables. ceed to the immediate consideration of 3186, the Warm in Winter and Cool in If you can find me a renewable that Calendar No. 882, S. 3268; that the bill Summer Act; that the bill be read runs on wind or on solar, I would be be read three times, passed, the motion three times, passed, and the motion to happy to think about the idea. But I do to reconsider be laid upon the table, reconsider be laid upon the table; that think that since legislating is the art that any statements relating thereto any statements relating thereto be of compromise, we ought to listen to be printed in the RECORD. printed in the RECORD.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7826 CONGRESSIONAL RECORD — SENATE July 31, 2008 The PRESIDING OFFICER. Is there We know how we all feel about insur- This proposal at the desk requires a objection? ance companies, and how the American 15-percent renewable energy standard. The minority whip. people feel about them, because they If we are ever going to change the Mr. KYL. Mr. President, reserving violate what would be antitrust laws game, we have to do this by deciding the right to object, I ask unanimous all the time, but they are not subject that America is going to produce en- consent that the bill be modified to add to it. ergy and produce different energy. So to the text of Senate amendment No. Mr. President, what this legislation this would be a 15-percent renewable 5137, the Coleman offshore oil explo- is all about is let’s have OPEC be sub- energy standard. Many States have ration and conservation amendment, so ject to the antitrust laws. I agree with taken the lead. I regret they have had we can address the root cause of high Senator SPECTER. I agree with Senator to take the lead, but we ought to have energy prices that are hurting all KOHL. This should be something the a national set of goals and a national Americans, particularly low-income Senate does. standard to say there are a lot of ways Americans. UNANIMOUS CONSENT REQUEST—H.R. 2264 to produce. This is about producing en- The PRESIDING OFFICER. Does the Therefore, I ask unanimous consent ergy for this country. Senator wish to so modify her request? that the Senate proceed to Calendar UNANIMOUS CONSENT REQUEST—H.R. 6049 Mrs. MURRAY. Mr. President, I ob- No. 169, H.R. 2264, that the bill be read I ask unanimous consent the Senate ject to that, and I say to our colleagues three times and passed, the motion to proceed to the immediate consider- that, as we continue to debate in this reconsider be laid on the table, and any ation of a bill to establish the renew- country, in a very clear manner, the statements relating to this matter be able electricity standard which is at different root causes and what we can printed in the RECORD. the desk, that the bill be read three do, it seems to me, without encum- The PRESIDING OFFICER (Mr. NEL- times and passed, the motion to recon- bering this in the larger debate, we SON of Nebraska). Is there objection? sider be laid on the table, and any ought to be able to at least deal with Mr. KYL. Mr. President, reserving statements relating to this matter be an oil heating crisis that is going to af- the right to object, this bill does noth- printed in the RECORD. fect many Americans, and therefore I ing to increase American energy inde- The PRESIDING OFFICER. Is there renew my unanimous consent request pendence but would increase our reli- objection? The Senator from Arizona is recog- as I read it. ance on the Middle East. Further, au- The PRESIDING OFFICER. Is there nized. thorizing our Government to sue OPEC objection? Mr. KYL. Mr. President, reserving could, as Chairman BINGAMAN said, Mr. KYL. Mr. President, is there ob- the right to object, we need more en- ‘‘get us into all kinds of trouble inter- jection to my request? ergy production to reduce costs. Re- Mrs. MURRAY. Mr. President, I did nationally’’ and ‘‘is not practical.’’ publicans support it, Democrats do not. object, and I renew my original re- For these reasons, I object. Tom Friedman, quoted by the Demo- Mr. DORGAN. Mr. President, I say to quest. cratic leaders, is right about one thing, The PRESIDING OFFICER. The Sen- the majority leader, I yielded 8 min- Republicans want more offshore drill- ator from Washington objects. utes to the Senator from Minnesota ing. Democrats do not. Mr. KYL. I thank the Chair and I ob- today in order that his statement could Second, and I respectfully correct the ject as well. be coterminous with Senator majority leader in this, Senator The PRESIDING OFFICER. Objec- KLOBUCHAR. If you don’t mind, this is MCCAIN did not say offshore drilling is tion is heard. the last unanimous consent request— only psychological. He advocates more The majority leader. and let me do that by saying I think all offshore drilling both because of the Mr. REID. Mr. President, we have a of us in this Chamber understand the energy it would produce and also be- few minutes left until 2:30. I would, way you produce energy, and we sup- cause, he said, it would have a positive rather than take leader time, ask port virtually every mechanism and psychological impact on energy mar- unanimous consent to take another few approach to produce energy. Drilling kets. minutes past 2:30. I would say to my for oil is one of them. But drilling a This would increase heating and cool- two Republican colleagues on the floor, hole in the ground is not the only way ing costs for American homes. For that what we would do is run over, and the you produce energy. You can use tur- reason, I object. next 30 minutes in the next block of bine and blades to produce energy from The PRESIDING OFFICER. Objec- Democratic time would be cut by what- the wind and produce electricity. You tion is heard. ever time I use at this time. It will can take energy from the Sun and The majority leader is recognized. only be a few minutes; otherwise, I will produce electricity. There is biomass Mr. REID. Mr. President, the last use leader time. and biofuels. There are many ways to half hour or so has been a microcosm of The PRESIDING OFFICER. Without produce. the 18 months of this Congress. Time objection, it is so ordered. The problem is we do not aspire to and time again, Democrats have of- Mr. REID. Mr. President, Senator set any national goal or national fered solutions to our energy crisis. KOHL and Senator SPECTER have been standard to require or to push that pro- Each time Republicans have objected. talking quite a bit. They both have vis- duction of alternative energy. They have not come up with answers to ited with me on more than one occa- I think we need something around specific objections to try to reach any sion because they believe they have here that is game changing. Every 10 or sort of compromise. Basically, they one of the answers to the problems we 15 years people are content to shuffle said no. After 18 months of ignoring have with oil, and that is let’s do some- on the floor and talk about what do we our energy crisis, and rejecting every thing about OPEC. It is a cartel, it is a do about the next box canyon we have Democratic effort—and we have talked monopoly, and they have no concern ridden in. Then they say let’s drill about some of them today—they now for the American people, and they are some more. I am all for drilling, but claim to have seen the light. After a obviously in violation of antitrust what about other ways of producing en- year and a half, all they want to talk laws. But it is a question of whether ergy, wind and solar and the alter- about is gas prices. But as we have American law can take them into con- natives? seen, all they want to do is, as I refer sideration. I am going to offer a unanimous con- to part of what Thomas Friedman said: The legislation introduced by Sen- sent request on an issue that has been Republicans, by mindlessly repeating their ator KOHL and Senator SPECTER in the kicking around for a long time. I know offshore-drilling mantra, focusing on a 19th form of S. 879, the No Oil Producing some people oppose it strongly. I re- century fuel, remind me of someone back in 1980 arguing that we should be putting all of Exporting Cartels Act of 2007, would spect their views but respectfully they our money into making more and cheaper make OPEC subject to the Sherman are wrong. We ought to have a national IBM Selectric typewriters—and forget about Antitrust Act. Why shouldn’t they? At standard—many States now have it—to these things called the ‘‘PC’’ and ‘‘the Inter- the present time, we only have two en- provide a renewable energy standard, net.’’ It is a strategy for making America a tities that are exempt from the Sher- saying when you are producing elec- second-rate power and economy. man Antitrust Act: baseball and insur- tricity, a certain percentage of that I did not hear JOHN MCCAIN say drill- ance companies. should come from renewable sources. ing was psychological. All I did was

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7827 read it in the press. It has been re- The Senator from Colorado is recog- The Senator from Colorado is recog- peated time and time again. nized. nized. I would finally say, we believe in do- Mr. SALAZAR. Mr. President, reserv- Mr. SALAZAR. Mr. President, reserv- mestic production. We Democrats, all ing the right to object, the reality is ing the right to object, it is clear the 51 of us, believe there should be more the Democrats have been in favor of Republican leader wants to move for- American production. There are ways drilling in the Outer Continental Shelf ward with the opening of places in the of accomplishing that. We know we in places such as the gulf coast, includ- Outer Continental Shelf. I would say, cannot drill our way out of the prob- ing votes we took here on a bipartisan on the Democratic side, there are a lems we have, but there are things we basis 2 years ago. The reality is the Re- number of us who supported opening can do and we want to work to have publican proposal here will not do any- places in the Outer Continent Shelf, in- that accomplished. We have seen that thing in terms of addressing the gas cluding additional significant acreage set forth in legislation that Senator price issue which we are facing here in the Gulf of Mexico, the 8 million BINGAMAN has offered. Of course we today because it will not be effective in acres that were part of the lease sale talk about the 68 million acres—that bringing down the price of gas. I object. 181. We also know there are hundreds of was, of course, talked about here dur- The PRESIDING OFFICER. Objec- millions of acres in Alaska that are not ing this half hour—but we also are tion is heard. in a moratoria area, on which we sup- aware of the ability the President has Mr. MCCONNELL. Mr. President, I port exploration and inventory of those today to offer leases to oil-rich areas in know the Senator from Minnesota is on places. What we are doing here with Alaska, onshore and offshore. the floor. The amendment I propounded those triggers being proposed by the We believe in more domestic produc- in the form of a consent agreement was Republican leader again is not getting tion. We call it American production. essentially the Coleman proposal to to real solutions that deal with the en- Hopefully the August recess will bring open the Outer Continental Shelf. It ergy crisis we have and not coming to- some ability of our friends on the other was not geared to any particular price gether in a bipartisan way to move for- side of the aisle to start working with of gasoline at the pump. But I renew ward to have a package of energy legis- us. I hope we are going to see, a bit consent for the very same proposed lation that would work for America. I later today or tomorrow, a vote on a consent agreement with one modifica- object. motion to proceed to the Defense au- tion—that the enactment date is trig- The PRESIDING OFFICER. Objec- thorization bill. That would be too bad, gered when the price of gasoline tion is heard. Mr. MCCONNELL. Mr. President, I to have Republicans vote against that. reaches $4.50 a gallon. am going to propound my consent That is the way we pay our troops and The PRESIDING OFFICER. Is there agreement with a modification one we refine what we do for our troops. It objection? more time and then I am going to en- is a very important bill, led by two of The Senator from Colorado is recog- gage in a colloquy with Senator COLE- the Senate’s fine Senators, Senator nized. MAN. It is his amendment that he had LEVIN and Senator WARNER, chairman Mr. SALAZAR. Mr. President, reserv- hoped to offer, which I initially offered and ranking member of the committee. ing the right to object for the same consent that we take up. Then these We are 5 minutes over. I express my reasons we stated earlier, this again is additional amendments were a dif- appreciation to my friends for being creating a phantom solution to the re- ferent trigger, these additional con- patient. If you care to, you can go over ality of the energy crisis and the en- sents were with a different trigger. I 5 minutes and we will take 25 minutes ergy crisis we face as a Nation, and say to my friend from Minnesota, I will in our half hour. OK? therefore I object. give our friends on the other side one Mr. DOMENICI. Yes. I thank the The PRESIDING OFFICER. Objec- more opportunity to maybe get their leader. tion is heard. attention. Then we will discuss the Mr. MCCONNELL. Mr. President, are Mr. MCCONNELL. Mr. President, our amendment of the Senator from Min- we in a quorum call? good friends on the other side of the nesota. The PRESIDING OFFICER. We are aisle apparently do not believe $4.50 a Mr. President, I renew my request not. The Republican leader is recog- gallon gasoline is sufficient emergency with the modification that the trigger nized. to open the Outer Continental Shelf, be $10 a gallon at the pump. Mr. MCCONNELL. Mr. President, we those portions of it that are currently The PRESIDING OFFICER. Is there had hoped to make significant progress off limits which—by the way, 85 per- objection? over the last week or two to begin to cent of the Outer Continental Shelf is The Senator from Colorado is recog- address the most important issue in currently off limits. I renew my con- nized. the country, and that is the price of sent agreement with the following Mr. SALAZAR. Mr. President, if we gas at the pump. Regretfully, it seems modification, that the enactment date were moving forward with a package of we are bogged down here in trying to is triggered when the price of gasoline energy legislation that would address move ahead. So in order to try to fa- reaches $5 a gallon. the fundamental national security, cilitate progress, I have notified my The PRESIDING OFFICER. Is there economic security, and environmental friends on the other side that we intend objection? security issues we are facing, and this to propound a number of consent agree- The Senator from Colorado is recog- were part of that kind of package, this ments that virtually every Member of nized. might be very well worthy of consider- my conference believes would move us Mr. SALAZAR. Mr. President, reserv- ation, including some of the triggers in the right direction and begin to ad- ing the right to object, and I will ob- that have been mentioned. But it is dress the No. 1 issue in the country. ject again, it is a phantom solution, clear to me this is another one of the UNANIMOUS CONSENT REQUEST—AMENDMENT and therefore I do object. tactics that essentially is wanting to NO. 5137 The PRESIDING OFFICER. Objec- get this Senate and this Congress to In that regard, I ask unanimous con- tion is heard. the point where we simply are not sent that the Senate proceed to the im- Mr. MCCONNELL. Mr. President, if $5 going to be able to get to a bipartisan mediate consideration of a Senate bill a gallon gasoline is not an emergency, energy package, and so I object. to address drilling in the Outer Conti- I am compelled to ask what is the defi- The PRESIDING OFFICER. Objec- nental Shelf, the text of which is iden- nition of an emergency? Maybe it is tion is heard. tical to the amendment No. 5137, filed $7.50 a gallon gasoline. Therefore, I Mr. MCCONNELL. We know why we by Senator COLEMAN to the Energy bill. renew my consent request with the fol- cannot get to a bipartisan energy pack- I ask unanimous consent that the bill lowing modification: that the enact- age. The American people are saying— be read three times and passed, the mo- ment date which triggered the imple- some 70 percent of them—that we tion to reconsider be laid on the table, mentation of the amendment would ought to open the Outer Continental and any statements relating to the bill occur when the price of gasoline Shelf, those portions that are currently be printed in the RECORD. reaches $7.50 a gallon. off limits, and it is my understanding The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there that 85 percent of the Outer Conti- objection? objection? nental Shelf is currently off limits. I

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7828 CONGRESSIONAL RECORD — SENATE July 31, 2008 have been proposing a series of con- ture there will be less scarcity because says that if we increase production, if sents, basically drafted consistent with we are increasing supply, and would it we do those things, tell the world that the Coleman amendment that would make common sense that if there is we are not going to be stuck with scar- have been offered had we had a chance going to be less scarcity, more supply, city, that we are going to use the great to offer it. we are going to tap into America’s re- power of America to tap into our re- I would ask my friend from Min- sources, that would have an impact on sources, that, in fact, would have an nesota if he would describe his pro- the price of gas today? impact. posal? Mr. MCCONNELL. I say to my friend I would also note, for those who say Mr. COLEMAN. Mr. President, I from Minnesota, it makes sense that if it is only going to have an impact in would say to the Republican Leader, you were betting on the future, so to the future, would that be such a bad first, I want to make it clear that if I speak, which I guess is what the fu- thing, for this Congress to be looking understand the objection, the Repub- tures market does, if there were signs forward to the future? We are going to lican leader has offered an amendment of optimism, an indication that the have this debate 10 years from now if that if gas reaches $10 a gallon, more United States of America was going to we do not do anything. In 10 years, we than double the record levels, the other do something within its boundaries to will be saying: If only 10 years ago we side is objecting to opening areas of the deal with this problem, it is reasonable had opened the Outer Continental Outer Continental Shelf, areas that to expect that the markets would re- Shelf, we might today not be 80 or 90 would yield at least 14.3 billion barrels spond favorably. percent dependent on foreign oil. I of oil and 55.3 trillion cubic feet of nat- I might add—it was not alluded to would suggest that we have the debate ural gas at a minimum—at a minimum; specifically by my friend from Min- now. there are other estimates that say if nesota, but I might add that the under- One final comment. We have not we opened all of these areas, up to 80 lying bill which we have been seeking talked much about the issue of natural billion gallons of gas. to amend is actually opposed by the gas. I represent a State which is cold. So I understand the objection and New York Times, the most liberal The Presiding Officer represents a that as a result of that objection, we newspaper in America, as being ineffec- State that gets very cold in the winter. cannot move forward on increasing the tual and actually making the matter I would suggest that we are going to supply of oil, that we cannot then worse. So clearly doing that alone runs come back here in September, and the move forward and open these areas on the risk, according to the New York cost of heating our homes is going to the Outer Continental Shelf that could Times, of destroying or at least ad- start to go up as the leaves turn color yield at a minimum over 14 billion bar- versely impacting one of America’s and the temperature starts to drop. By October, the snows may hit. By Novem- rels of oil. Is that the result of the ob- great markets. But also refusing to ber, they actually may be here. In De- jection placed by the majority? amend it to allow such reasonable pro- cember and January, it is going to be Mr. MCCONNELL. I say to my friend posals as the Coleman amendment below zero. And the price of natural from Minnesota, I think he has it en- means we would be making an ineffec- gas is going through the roof. tirely correct. I have offered a series of tual response to the issue that is the consent agreements here to give us an My farmers in Minnesota have trou- most important issue in the country. ble today buying fertilizer and will opportunity to take up and pass the Mr. COLEMAN. Mr. President, I have next year because folks will not specu- Coleman proposal with differing trig- one more observation. First, I do wish late on what the price of natural gas gers, starting at $4.50 a gallon and to make it clear that when the Repub- will be. going up to $10 a gallon. Our friends on lican leader talks about the underlying I would then ask the Republican the other side have objected to passing bill, he is talking about the majority leader, that in objecting to the Cole- legislation even with those ascending proposal on speculation, a proposal man-Domenici proposal, the majority triggers, leading me to believe there is that does not do anything to increase is not only stopping the possibility of opposition on the other side to opening production? tapping into billions of gallons of oil the Outer Continental Shelf, 85 percent Mr. MCCONNELL. Yes. but also trillions of cubic feet of nat- of which is currently off limits—and Mr. COLEMAN. A proposal that does ural gas, a market that is much more over 70 percent of the American people nothing to deal with more conserva- susceptible in the short term to in- support that—even if gasoline reaches tion? A proposal that suggests it is creases of supply. $10 a gallon. going to focus on speculation only, and Is that the result of the Democratic Mr. COLEMAN. Mr. President, I that is what the New York Times says objection, that we are not going to be would note to the leader that, by the would actually do more harm than able to tap into this and tell the world way, the Coleman-Domenici amend- good? that there are trillions of cubic feet of ment also has conservation pieces in it. Mr. MCCONNELL. The Senator from natural gas available, and I cannot tell I believe we will discuss that later. Minnesota is entirely correct. my folks in Minnesota, when it is cold But as I listen to the objection from Mr. COLEMAN. Mr. President, I in November and December and prices my friend from Colorado, talking about would note that this issue of specula- shoot through the roof, that we were phantom solutions as we look at the tion is something that has come before not able to act because the Democrats issue of the rising price of oil, I think the Permanent Subcommittee on In- objected to the unanimous consent of- there is bipartisan understanding that vestigations on which I am now rank- fered by the Republican leader. part of the problem is the basic law of ing member and I was, in the past Con- Mr. MCCONNELL. Well, my friend supply and demand; that demand is in- gress, the chair. We looked at this from Minnesota is entirely correct. I creasing, and if you want to somehow issue. It has come before Homeland Se- learned from the distinguished Senator affect demand, I would take it that the curity, a committee that works on a from New Mexico, who has been our supply piece is the other piece. And as very bipartisan basis. I would tell the leader on energy issues for a number of I understand the Coleman amendment, Republican leader that at least one of years, that we can be entirely inde- this is an opportunity to increase sup- the witnesses has come forward and pendent and sufficient in natural gas. ply. said: If we do all we can do, if we do We have enough here in the United I would also note that part of the dis- conservation, if we let the world know States, if we would simply go get it, to cussion has been about the issue of we are serious about ending our addic- take care of our natural gas needs. speculation, that there is money going tion to foreign oil, that we are serious So, yes, we are walling off natural into believing that oil is going to be about not being held to what gas as well as oil, exacerbating all of scarce in the future, and that is some- Saudi sheiks or Chavez or Ahmadinejad these problems, driving up the price of how driving up the price of oil today. I does, the suggestion is that prices fertilizer and every other product in would ask, then, if, in fact, we would could drop like a rock. which natural gas is used, refusing to open the Outer Continental Shelf, that I am not going to suggest that I exploit our own resources. It strikes we would increase supply, finding more know. I would not suggest to the Re- the American people, and we know that oil of at least 14 to 15 billion barrels, publican leader that in fact they will by looking at all of the public opinion would that not indicate that in the fu- drop like a rock. But common sense polls. It is not making any sense at all.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7829 I thank my friend from Minnesota for can produce oil shale, oil from oil we not want to look. Maybe we don’t his observations. shale; that the technology and the lo- want to look because we might find Mr. President, it is not only offshore cation of the oil shale is not nec- something. If the potential is as vast as that we have enormous potential to in- essarily far enough along to be able to the Senator from New Hampshire por- crease our production. It has been esti- produce, and therefore we should not trays and as other experts have indi- mated that we have three times the re- even look at it. cated, it seems to me we would be fool- serves of Saudi Arabia right here in our As I understand the leader’s amend- ish in the extreme not to pursue this country onshore in oil shale. ment, it says simply remove the regu- further. The American people simply Last year, this new Democratic Con- lation which was put in place last year would not understand. gress passed a moratorium on going which barred the Interior Department Mr. SALAZAR. Will the Republican forward with oil shale research and de- from putting out regulations which leader yield for a question? velopment. I think that moratorium allow us to find out whether the oil is Mr. MCCONNELL. Not at this time. was a foolish thing to do. It should be there and whether we can remove it. I think the American people would lifted. So there seems to be an inconsist- not understand our reluctance to con- UNANIMOUS-CONSENT REQUEST—AMENDMENT ency here on the reasons why people tinue to explore this alternative given NO. 5253 would object to taking off that regula- the vast potential it seems to possess. I ask unanimous consent that the tion which was put in place last year Mr. GREGG. If I may ask the Repub- Senate proceed to the immediate con- by the Democratic leadership. lican leader a further question: Have sideration of the Senate bill to address Secondly, the known reserves from we not been on the floor now for 2 oil shale leasing, the text of which is oil shale are projected to be two to weeks, asking for the right to offer a identical to amendment No. 5253 filed three times the known reserves of series of amendments to address these by Senator ALLARD to the Energy bill. Saudi Arabia. That is a huge amount of issues that could be voted up or down, I would further ask unanimous con- oil, potentially. I do not think we want that would be fairly presented, where sent that the bill be read a third time, to not look there and say we are going the minority would have the right to passed, the motion to reconsider be to throw a sheet over our head and not present its amendments so we could laid on the table, and any statements look at this potential reserve which present to the American people the related to the bill be printed in the would give us as a nation more poten- case for Outer Continental Shelf oil, oil RECORD. tial oil reserves than Saudi Arabia, shale, nuclear power, electric cars, for The PRESIDING OFFICER. Is there that we are not going to allow the De- a variety of other options that might objection? partment of Interior to begin the proc- get us out from underneath this severe Mr. SALAZAR. Mr. President, reserv- ess of developing regulations that will, issue which is the price of oil? Have we ing the right to object, I would remind if the oil is there and if it can be used, not been asking for the opportunity to the Republican leader that even the oil expedite the production of that oil. present those amendments in a fair and companies—Chevron Oil—have said we That makes no sense at all. open manner in the tradition of the do not even know whether the tech- As I understand, the proposal that Senate and been denied that right? Are nology is out there to be able to de- came earlier from the Democratic we not being denied that right one velop oil shale. At the earliest, it is Party was to open the Strategic Petro- more time here today? 2015, 2016 when we will know that. We leum Reserve. That is 3 days’ worth of Mr. MCCONNELL. The Senator is en- had the Assistant Secretary of the De- oil. If there is 2 trillion barrels of oil in tirely correct. All we are asking for is partment of Interior, and in his testi- oil shale, that is 40,000 days of oil. Well, the way the Energy bill was handled mony before the Energy Committee, he I do not know. I would think the Amer- last year, the way the Energy bill was said the same thing. ican people would like to have the op- handled in 2005, in which we had an So the consequences of moving for- portunity to find 40,000 days of oil in open amendment process, in which ward with the legislative proposals pro- the United States rather than have to Members from both sides of the aisle pounded here by the Republican leader buy it from Iran or from Venezuela, were given an opportunity to offer essentially would do nothing more places that do not like us very much, their amendments. Forty or fifty than to lock up millions of acres of even from Saudi Arabia. I think they amendments were adopted on each bill. land and millions of barrels of reserves would like to have the money kept It ultimately led to a law. What we to oil companies that already are get- here in the United States. have been engaged in in the last 2 ting the highest record profits of any Yes, the oil companies are making weeks is not designed to lead to any- company in the history of the world. some big profits. They are spending it thing other than a check-the-box exer- That includes companies such as Shell, to look for oil also. But when they are cise and move on. That is why Repub- which reported a 33-percent increase in not spending it to look for oil, they are licans in great numbers have insisted its second-quarter profit on Thursday, actually paying some dividends. Who that we stay on this subject, the No. 1 Exxon, and all the rest of the oil com- gets those dividends? Well, if they are issue, that we continue our effort to panies. American companies, I suspect that both find more and use less. The only So if this is about giving the national many Americans are, Americans who way to achieve that is with a balanced public resources away to the oil compa- invested in pension funds, Americans approach, not a sort of single-issue ap- nies, then I would say we should sup- who have 401(k)s. proach which is in the underlying bill. port the Republican leader’s unani- Are we to say they shouldn’t get In addition to addressing gas prices mous consent. But it is not about that, those profits and we should, rather, directly, there are also a great many it is about creating a new energy fron- send them to Saudi Arabia or to Iran Members of the Senate on both sides of tier for America. Therefore, I object. or to Venezuela so Hugo Chavez gets the of the aisle who understand we The PRESIDING OFFICER. Objec- the profits? How absurd. On its face it need to move in the direction of more tion is heard. is absurd. We have 2 trillion barrels of nuclear power. A lot of us think the Mr. MCCONNELL. Mr. President, I oil sitting there, and all the leader has French have not done a whole lot right see the Senator from New Hampshire is asked for is to lift the regulation which in recent years, but one thing they on his feet with some observations will let us find out whether we can have done rather well is develop a nu- about this objection. look for it and whether it is there. clear power industry that supplies the Mr. GREGG. I guess I am a little sur- Mr. SALAZAR. Mr. President, will vast percentage of their electricity. prised at the objection. The first objec- the Senator from New Hampshire yield Had we been given the opportunity, we tion to your first amendment was that for a question? would have been offering a nuclear we did not have a comprehensive ap- Mr. GREGG. I was propounding a power amendment. proach. Now you suggested another ap- question to the leader. Therefore, I ask unanimous consent proach; we would add to a comprehen- Mr. MCCONNELL. I would say to our that the Senate proceed to the imme- sive approach that appears to be ob- good friend, the other side had plenty diate consideration of a Senate bill to jected to. of time to discuss their proposal. promote nuclear power generation, the The gravamen of the objection ap- I say to my friend from New Hamp- text of which is identical to amend- pears to be that we do not know if we shire, he is entirely correct. Why would ment No. 5179 filed by Senator LINDSEY

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7830 CONGRESSIONAL RECORD — SENATE July 31, 2008 GRAHAM to the Energy bill. I ask unan- rules regarding nuclear power. We now his feet. I know he has strong feelings imous consent that the bill be read a have 16 nuclear powerplant applica- about this issue. third time and passed, the motion to tions filed and waiting their turn to Mr. CORNYN. Madam President, I reconsider be laid upon the table, and start construction. We had zero when say to the distinguished Republican any statements relating to the bill be we started this process. We need some leader, it sounded as though we were printed in the RECORD. additions to that which are in the almost going to get to vote. The Sen- The PRESIDING OFFICER (Ms. amendment you propose to make sure ator from Colorado spoke so passion- KLOBUCHAR). Is there objection? it works, to make sure this wonderful ately about the importance of using Mr. DURBIN. Madam President, re- start of nuclear power for America hits coal. Of course, the big concern we serving the right to object, I was per- the few things it still needs to be com- have is coal can pollute. But the Sen- sonally on the floor two or three times petitive. You have been denied the op- ator is no doubt aware of a remarkable when Senator REID offered to Senator portunity to discuss it. We are not technology that has actually been MCCONNELL to allow them to bring this talking about that, but to offer a full- around a long time that can take coal amendment to the floor. They said: No, fledged amendment that will require a and convert it to synthetic fuel that we want to talk it over. We have so little bit of debate and then vote. That the Air Force is now using to fly air- many more amendments. Of course, is what we have been denied. That is planes. Isn’t it a fact that in terms of time ran out. Now they are back again. why I am here saying the public is transportation fuels, talking about We have given them ample opportunity going to understand this. We should gasoline and diesel and aviation fuel, to talk about nuclear power, to offer have voted on the Outer Continental that represents one of the biggest chal- their amendments, offer their energy Shelf, opening it, with amendment and lenges from an energy standpoint to package. Each time they couldn’t get full debate. We can’t do it because they this country and that actually coal-to- it together. This is the gang that can’t won’t let us. It is that simple. liquid technology, such as the leader drill straight. Mr. MCCONNELL. I thank the Sen- described, represents one of the great I object. ator from New Mexico. opportunities for becoming less de- The PRESIDING OFFICER. Objec- Madam President, what time remains pendent on imported oil from the Mid- tion is heard. on this side to achieve the 30 minutes? dle East? Mr. MCCONNELL. Madam President, The PRESIDING OFFICER. The 30 Mr. MCCONNELL. Absolutely. Of I will use leader time to allow us to get minutes has been consumed. course, I come from a big coal-pro- up to the same 30 minutes that was Mr. MCCONNELL. I will use a few ducing State. The amendment I sought used by the other side of the aisle. more minutes of leader time. If the to call up is actually authored by Sen- Mr. GREGG. Madam President, I was other side wants to expand their time, ator BUNNING, my colleague from Ken- wondering if the leader could explain it would be perfectly permissible with tucky. We are, not surprisingly, enthu- to me how the Democratic assistant me. siastic about this option. But putting leader could object to something the There is one other area that is impor- aside the Kentucky-specific interest, Senator didn’t object to? tant to me and to other Members on the military is looking for a reliable, Mr. MCCONNELL. I know Senator both sides and that is coal. We have secure source of fuel for our planes. DOMENICI and Senator ALEXANDER both vast reserves of coal in this country. are knowledgeable about the nuclear They don’t want to be dependent on There is a promising technology we the Middle East. industry. I see Senator DOMENICI, our know works to turn coal into liquid. Mr. CORNYN. I say to the Republican energy expert in the Senate, on his We have a customer, the U.S. military. leader, this is not just an energy issue, feet. We have an interested potential cus- this is a national security issue. Let Mr. DOMENICI. Madam President, tomer in American commercial air- me ask the leader, since he comes from might I say to the Republican leader, I lines. One of the amendments that a State that produces significant am here sitting down because you and would have been offered was related to amounts of coal, whether these figures the Senators on my side are doing such coal to liquid. an excellent job of letting the Amer- Therefore, I ask unanimous consent given to me by my staff are accurate. ican people know what has been going that the Senate proceed to the imme- It has been reported to me that the Air on. It has been a thrill to listen, be- diate consideration of a Senate bill to Force uses about 2.6 billion gallons of cause I would hate to be on the other promote coal-to-liquid energy, the text jet fuel a year at a total cost of about side. It looks as if they are very anx- of which is identical to amendment No. $8 billion. That is $8 billion the United States appropriates and goes to the De- ious to make sure you don’t finish your 5131 filed by Senator BUNNING to the statements. They would like to take a Energy bill. I ask unanimous consent partment of Defense and the Air Force little bit of your time. If I were in their that the bill be read a third time and to buy jet fuel. It is estimated that for shoes, I would too. Because the truth passed, the motion to reconsider be every $10 increase in the price of a bar- is, their leader changed the course for laid upon the table, and any state- rel of oil, the Air Force—and we can debate on energy, meaningful energy ments relating to the bill be printed in see in parentheses the U.S. taxpayer— spends an additional $600 million in amendments, when he decided he would the RECORD. put all the amendments that the proc- The PRESIDING OFFICER. Is there fuel costs. Do those figures I have cited ess would hold, he put them on so there objection? sound approximately correct? could be none offered. That is why we Mr. SALAZAR. Madam President, re- Mr. MCCONNELL. I am not an expert are here today, because no amend- serving the right to object, the purpose on the figures, but it sounds correct to ments could be offered and voted on. of the amendment is laudable. For me. I know the military has great de- Anybody who stands up and says we those of us who work on the Energy sire for the kind of reliable, secure en- had a chance, what chance? If we would Committee, including the Senators ergy source this would provide. have offered something, the objection from Montana, we recognize that coal Mr. CORNYN. Are you aware or would have been: The tree is full. It is is to the United States what oil is to would you have any reason to disagree out of order. I already asked the Par- Saudi Arabia. There are ways in which with the experts who say that syn- liamentarian if an amendment would we can advance the usage of coal, in- thetic fuels such as coal to liquids are be in order, if I tendered an amendment cluding coal gasification and carbon se- competitive with $70 to $80-a-barrel oil, to such-and-such amendment, and the questration which we all support. But plus an additional 10 percent that Parliamentarian said: You couldn’t the proposal put on the table is not would be needed to figure out how to offer it. So that is why none of the something that would get that kind of capture and divert the carbon dioxide amendments you refer to could have bipartisan support. that would be produced by the process? been offered. I object. Do you have any reason to disagree There has been one area in which we The PRESIDING OFFICER. Objec- with the experts on that? can all stand up and say we legislated tion is heard. Mr. MCCONNELL. Those are statis- in the normal way and got something Mr. MCCONNELL. Madam President, tics I have heard in the past. It cer- good, and that is the current set of I know the Senator from Texas is on tainly underscores what a promising

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7831 alternative this would be, were we will- serve our way out of this problem. I be a little impatient. But that is the ing to pursue it. I thank my friend know of not a single expert in America Republican approach. from Texas for his thoughts. who thinks we can, by conservation So who would buy this approach? Madam President, I see the Senator alone, solve this problem and get the Well, the people who are buying this from Tennessee is on his feet as well. price of gas at the pump down. approach—the real reason behind the Mr. ALEXANDER. I had a brief ques- Mr. ALEXANDER. Madam President, position on the Republican side—this is tion for the Republican leader. I thank the leader. the oil companies’ agenda. This is the Nearly 2 weeks ago, when the Demo- Mr. MCCONNELL. Madam President, oil companies’ answer: Keep drilling, cratic leader brought the speculation I yield the floor. give us more land, give us more op- Energy bill to the floor, isn’t it true The PRESIDING OFFICER. The Sen- tions, let us put these in our port- that we met and said we look forward ator from Illinois is recognized. folio—the same oil companies that are to a balanced debate where we can get Mr. DURBIN. Madam President, be- reporting not just recordbreaking prof- a result, and we believe in the law of fore the Republican leader leaves the its for oil companies but record- supply, as well as demand, and, there- floor, I would like to reconcile the re- breaking profits for American busi- fore, we think we should come up with maining time allotment. nesses. No businesses in our history a proposal for finding more and using I understood he said we could have have ever reported the profits they less? extra time in the next segment for have reported. On the finding more side, which we Democrats, to make up for the addi- Shell reports a profit jump. Despite talked a lot about today, we had off- tional time used by the Republican reducing production of oil, their profits shore drilling and oil shale, which side; is that correct? have gone up. Shell went up 33 percent would produce over time about 3 mil- Mr. MCCONNELL. Yes, that is fine. this quarter; Exxon, 14 percent—rec- lion barrels a day. We talked about nu- Mr. DURBIN. Madam President, ordbreaking profits for these oil com- clear power for more American energy. could the Chair indicate how much ad- panies, and the position they hold, co- But we have even more on the de- ditional time was used by the Repub- incidentally, is the same position as mand side, on the using less side. In lican side? the Republican Party in the Senate. our case, the idea was, was it not, to The PRESIDING OFFICER. Ten min- But an honest energy picture, one create an environment in the United utes ten seconds. that looks forward, says we need re- States where, as rapidly as possible, we Mr. DURBIN. Madam President, if I sponsible exploration and production. could encourage the use of plug-in elec- could ask unanimous consent, then, That means we do not go into environ- tric cars. Is there not much support on that the next segment be 40 minutes on mentally sensitive areas; we do not the other side of the aisle for that? the Democratic side and then we re- pollute our beaches and our shore com- So my question to the leader is: Why turn to 30-minute segments on each munities; we do the safe and the right is it that when Republicans, nearly 2 side. thing but we produce oil and gas as we weeks ago, suggested a proposal for The PRESIDING OFFICER. Without can in this country, realizing the en- finding more that would produce 3 mil- objection, it is so ordered. tire inventory of oil in America rep- lion more barrels a day, eventually— Mr. DURBIN. Thank you very much. resents 3 percent of the global supply that is a third more production—and Madam President, for those who are of oil—3 percent—and we consume 25 using less that would save 4 million following this debate, it is interesting percent of the oil. barrels a day, which together would because a friend of mine I used to work We cannot drill our way out of this. have cut in half, over time, our im- for in politics as a young man used to We have to look beyond that. We have ported oil—why is it we have been un- say: When politicians speak, there is a tried to do that. Twice this week we able, for the last 2 weeks nearly, to ac- good reason and a real reason for the brought an energy policy bill to the tually begin to debate and adopt such things they are saying. floor. Twice this week the Republicans amendments and produce a bill that The good reason for the position defeated it. They refused to vote for an would send a signal to the world that taken by the Republicans is they be- energy policy that is comprehensive, the United States of America is taking lieve more oil put on the market is that has just not exploration and pro- an action to find more oil and to use going to mean more supply and lower duction in it but looks to things that less oil, which would bring down the prices. It is intuitive to us, in a supply- are our future: more fuel-efficient cars price of gasoline? Why have we not and-demand economy, that makes and trucks. been able to do that? sense on its face. So the pillar of their We cannot keep driving these gas Mr. MCCONNELL. Madam President, argument on energy policy is we have hogs. We have to drive cars and trucks I say to the Senator from Tennessee, I to find more places to drill. We do not that are sensible, that meet the needs am perplexed. The American people do have enough places to drill for oil now. of our families and our economy and do not understand taking a time out until If we could find more oil, there would not consume so much gas. I think my next year. The senior Senator from be more gasoline, and gasoline prices kids and my grandkids will be using New York, for example, was recently would come down. The logic is good. plug-in hybrid cars. They will wonder quoted as saying we are not going to do But it fails to tell the whole story. It why their old man used to use so darn anything about this until next year. fails to account for 68 million acres of much gasoline when he was growing up Well, the American people are paying Federal lands currently leased by oil because they will have found ways to these high prices now, and I do not and gas companies that they have not do it without gasoline, without diesel think they sent us here to engage in a touched. They have paid the Federal fuel, using these batteries and using 2-week partisan battle and achieve Government for this land to go drill for plug-in hybrids. nothing. oil and have done nothing. The Repub- That is the future. That is what we The Senator from Tennessee is en- licans never mention the 68 million asked the Republicans to join us on tirely correct when he says our goal acres out there that the oil companies and vote for, and they refused. We from the beginning, on this side of the are not using. asked them to join us in creating tax aisle, was, as he reminds us fre- There is a second matter they never incentives for solar power and wind quently—and as the sign points out—to mention. If we decided today to start power and geothermal sources, all of both find more and use less. Virtually drilling for oil on the Mall—and some- which can serve our economy, serve every member of our conference is in times I think in the speeches on the our businesses, serve our families, and favor of almost every conservation floor a few people might be for that— not create global warming. They re- measure you can think of. but if we decided to drill, they think it fused. Time and again, the only thing Our fundamental problem in here is takes 8 to 14 years before you put the they will vote for is the oil company it seems as if the other side does not oil well into production—8 to 14 years. agenda. want to do any finding of more. They As you are paying for your gasoline The oil companies are pretty power- may share our view about using less, each week and somebody says: Hey, ful. You may see some of their folks but they do not want to find any more, hang on, in 14 years we are going to get walking the halls out here, wearing as if somehow we could simply con- this under control, you have a right to pretty nice suits and shoes. You can’t

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America, creating the kind of industry Department of Energy and the Energy Each of those times, there was an ob- where we can have growth in manufac- Information Administration has said jection to even moving ahead to con- turing jobs so families across our coun- we are not going to be producing any- sider those bills. Twice this week, we try have an opportunity. thing out there for 7 to 10 years. So it have tried to move forward on tax in- The Republican view and the Demo- is not going to have an impact on gaso- centives for production, for alternative cratic view are quite different. When line now. That raises the question: energy, and other options that will get we offered them a chance to come to- What is the real motivation of these us off foreign oil and bring down gas gether, they refused. They would not amendments and these agendas on the prices for good. Each time there were do it. The last bill they defeated not Republican side? It is a stalling tactic objections. In the month of June, two only had the energy provisions I men- to keep gas on the minds of people other times—we can go back a year— tioned, it had a lot of other important through the month of August so they objection, objection, objection. provisions. There was disaster assist- play it for their own political advan- Frankly, people watching the Senate ance for the poor people in Iowa. There tage. get sick of this because they want ac- was $8 billion to put in the highway I think the American people expect tion. They want something to be done. trust fund so we can reduce congestion better of us. I think the American peo- The question is: Who benefits by this blocking continually, by this stopping on our highways and create construc- ple expect us to come up with real solu- of us moving forward to alternatives to tion jobs across America. tions and not phantom solutions. Solu- It even included the Wellstone Men- tions that have been proposed here are, compete with oil companies or to tack- tal Health Parity Act. Paul Wellstone by and large, phantom solutions. There le oil speculation or windfall profits of Minnesota passed away about 6 can be no greater phantom solution, tax proposals that would require you to pay an extra tax if you don’t reinvest years ago. This was his passion, and we frankly, than what we have seen count- in alternatives or in drilling in Amer- have never passed this bill. We have to less times over the last 2 weeks: the as- ica to create more supply? Who would pass it now so your health insurance sertion by my wonderful friends on the benefit by these things? other side who have said that somehow covers mental illness, as it covers I think it is very clear from the an- physical illness. They voted against out of this shale rock—which is shale; nouncement in the paper today. Today that too. It was all part of the same it is not tar; it is not sand; it is shale; ExxonMobil reported second quarter bill. it is rock—that somehow we are going profits of $11.68 billion, the highest It is unfortunate we have reached to be able to develop 2 trillion barrels ever for an American company. It did this point, but that is the point we find of oil out of that rock. that last month—the last quarter: Well, it has been tried for about 100 ourselves. highest profits ever—ever—ever for an The final word in this debate is going years. Nobody has figured it out. Even American company. All together, since to be on November 4, and the voters the oil companies are saying they can- President George Bush and Vice Presi- will have it. If the voters believe we not figure it out right now. We, con- dent , two oilmen, have need to look backward to the oil com- trary to the assertions made by my been in the White House over the last pany agenda, they can agree with our good friend from New Hampshire, 8 years, all together ExxonMobil has Republican friends. But if they believe opened the opportunity for oil and gas reached $212 billion in profits. That is a we need to look forward, with respon- companies to go in and see whether the lot of zeroes: $212 billion in profits. sible exploration and production but technology could be developed. So we I wonder who benefits from the in- also incentives for renewable energy have a robust research and develop- ability of the Senate to get agreement that brings us into the 21st century in ment program that is taking a look at to move to bills that would create com- leadership, I hope they will consider whether oil shale can be commercially petition with this company or deal voting for those who have brought that developed in my State of Colorado, with oil speculation or deal with other to the floor. where 80 percent of the reserves are lo- policies that would hold them account- Madam President, I yield the floor. cated. able? It is right here. It is right here. The PRESIDING OFFICER. The Sen- So I would hope, as we move forward This is very clear. As my kids say, it is ator from Colorado. in what is one of the most important as clear as the nose on your face of Mr. SALAZAR. Madam President, I issues in the crucible of our times, that what this is all about. This is about an wish to make a few comments to clar- we look to the future to find real solu- oil company agenda that has run wild ify some of the colloquy that went on tions that are so important for us on for 8 years, and the American people and what I consider to be some of the energy because, at the end of the day, are paying a huge price. Our economy distortions that were spread. what will drive us to that new energy is paying a huge price. First, there is a misconception that world is the importance of national se- Along with ExxonMobil, Shell has the minority side is trying to spread: curity, economic opportunity here at also reported profits of $11.56 billion, that Democrats are against drilling. If home, and the environmental security bringing their grand total since this you go to my State of Colorado, you of our planet. administration took office to over $157 will find tens of thousands of natural Madam President, I yield the floor. billion. The total combined net profits gas wells and oil wells that are pro- The PRESIDING OFFICER. The Sen- of the big five oil companies since ducing. If you look at the votes we ator from Michigan is recognized. President Bush and DICK CHENEY took have taken in this Chamber, there are Ms. STABENOW. Madam President, a office are upwards of $641 billion. many of us who have said we need to go little earlier this afternoon, our leader What have they done with those prof- and drill, and we need to explore, came to the floor with colleagues and its? Well, oil companies have spent $188 whether it is off the gulf coast or offered six different opportunities for billion in stock buy-backs and other whether it is in other areas. So for the Senate to bring before it bills that spending, rather than investing it in them to try to use the brand that we include responsible drilling, invest- supply here at home and abroad. We are against the use of our conventional ments in alternatives, investments in have heard so many times on this floor fuels and resources is simply wrong. areas that will create jobs right away, that there are 68 million acres avail- I wish to comment on two or three which relate to my great State of able right now for exploration that are specific matters. First, on the opening Michigan, which is investing imme- not being used. I have supported re- of the Outer Continental Shelf, it is diately in advanced battery technology sponsible drilling as part of the solu- true the President has said he wants to research and development and retool- tion. We know there is no silver bullet, lift the moratoria. It is true Senator ing our plants for the new vehicles, but we also know we have to be aggres- MCCAIN has said it would have some which will create, within 2 years—not sively moving to the future and not

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7833 stuck in what is an oil company agenda schoolbuses. What an outrage in the own. Mrs. Harman started to develop for this country. United States of America. Alzheimer’s 8 to 10 years ago. He said, We also know we are in a global mar- Let me share today an article that ‘‘I promised her, don’t worry, I will ketplace. Nobody knows that more was in the New York Times. Older poor take care of you as long as I can.’’ But than the people in my great State of people and those who are homebound without a home health aide, he said, he Michigan. We are competing in a global are doubly squeezed by rising gas was going to have to put his wife in a economy. So that as there is supply prices and food prices because they rely nursing home and he probably would created, as there is drilling, it goes not just on social service agencies but need to live there himself. into the global marketplace. If they also on volunteers. We have heard from In the greatest country in the world, drill in Alaska, it goes to China. To add our home health care agencies that do we have folks who are not able to get insult to injury, we don’t even know such a wonderful job in this country their Meals on Wheels. They are not where the oil will be going. helping people to be able to remain at able to get their home health aide now. However, here is what we do know: In home and allowing them to receive Why? Because they can’t afford gas. We February of this year, according to the services. In a survey of home health have school buses that can’t run be- Department of Energy, shipments out- agencies, more than 70 percent said it cause they can’t afford gas. side this country were 1.8 million bar- was more difficult to recruit and to Let me share with my colleagues one rels a day—1.8 million barrels a day. keep volunteers. We have heard that other story. Sandra Prediger, who is 70 Overall, in the first 4 months of this from Meals on Wheels. We have heard years old and who still drives a car, year, the shipments of American oil that from other kinds of volunteer pro- said higher gas prices hit her every outside this country—drilling here, grams that go into homes to help sen- time she needs to go to the doctor. going somewhere else in the world— iors, to help the disabled, to help those From her senior apartment in South were up 33 percent. who need some assistance. Haven, MI, she was barely able to pay So clearly, the great oilman who has Let me share with my colleagues one her bills because gas prices rose. She been all over our television sets, T. letter. Mrs. Fair, who has limited mo- said: ‘‘I try to help some of the ladies Boone Pickens, is right. We are not bility because of diabetes, lives on $642 around here, driving them to the doc- going to drill our way out of this in a a month of Social Security widow’s tor or to the store.’’ But a round trip to global economy where you can drill benefits, and relies on care from her her doctor or the beauty shop now here and it can go anywhere to the son who often works odd hours, espe- costs $26 in gas. She has had to ask her highest bidder. cially during blueberry season. We friends to pay half. She said, ‘‘I hate to Here is also what we know: We know grow a lot of blueberries, and they are ask because they have less than I do.’’ we have to get extremely serious—and terrific, they are the best, in Michigan. Her Social Security check arrives on quickly—about those things that will It says: ‘‘You belong in a nursing the 3rd of the month. For the first few make a difference, such as bringing ac- home.’’ This is what her son said. ‘‘I days before, her local gas station lets her write a postdated check to fill up. countability to the energy markets and can’t take care of you.’’ The delivered On she had no money and owed addressing speculation, and focusing meals she has been receiving have al- money to the gas station and she knew aggressively on those areas that will lowed her to eat at normal hours which that in a few minutes her friend would give us real alternatives and competi- helped her control her blood sugar lev- be calling saying, could you please tion for these guys who have been els. Last year, she lost her balance dur- take me to the store to get the meals doing so well. ing a change in blood sugar and spent for my diabetes. What am I going to To add insult to injury, we take a a month in a nursing home. With no do? look at the other ways in which this meal delivery in her area now, she is There is something wrong when we industry has received so many benefits going to have to find someone to pick are in a situation where we have seen from this administration. Eighteen up the frozen meals from the center in an agenda benefiting a special interest months ago, we heard in the New York the next town. She says: ‘‘If my aide in this country, and in the world right Times that the Bush administration can’t get the meals’’—a person who has now, where we have seen the highest was allowing oil and gas companies to been helping her—‘‘maybe I can get my profits in the history of the country forgo royalty payments. They didn’t pastor to pick them up. I can’t travel that are creating numbers such as $641 have to pay their royalty payments on even to the drop-off center.’’ billion in profits and we have seniors leases in Federal waters in the Gulf of In Union, MI, a town among flat corn who have to write a postdated check at Mexico. This decision by the Depart- and soybean farms near the Indiana a gas station so they can pay for gas to ment of the Interior can cost up to $60 border, Bill Harman, who is 77, relies get themselves and their friends to the billion. They were supposed to make on a home health aide to take care of doctor. payments. Those payments were his wife Evelyn, who is 85 years old and The reality is that to be able to waived, for whatever reason, costing us she has Alzheimer’s disease. Mr. Har- change that, we have to do more than up to $60 billion. Sixty billion dollars is man has had to use a wheelchair since drill more so the oil companies can the equivalent of 38 days of free gas for 2000 because of hip problems. Unfortu- make more of a profit in a global econ- every American. Right now, I know a nately, the person who has been com- omy. We have to be able to create a sit- lot of folks who would take that glad- ing to their house, Katie Clark, who is uation where there is competition with ly. 26, may have to give up her job. She other kinds of alternative energies so The reality is we have seen at every lives 25 miles away and drives 700 miles we have more than a choice of what- turn efforts to support this industry for a week to provide twice daily visits, ever price they put up at the pump. the last 8 years, and where has it got- helping Mrs. Harman dress in the That is what this is about. That is ten us? Where has it gotten us? morning, get to bed at night, feeding what the crux of this is about, because I wish to share with my colleagues her, doing chores around the house, if it weren’t about this, we would have some stories of folks from Michigan in and then she laughs, saying ‘‘putting a compromise. We would have a solu- terms of where it has gotten us—not up with a grumpy old man.’’ I am sure tion. If it weren’t about this, there only $4 a gallon at the pump, but when he is not that grumpy. Her weekly in- wouldn’t be objections going on day we look at what has happened to real come of $250 is being eaten up by gas after day after day to be able to take people, it is an outrage, where this 8 expenses, which come to $100 a week. up legislation on this floor, because years of a policy that has put oil com- ‘‘Some weeks I have to borrow money under normal circumstances, if there panies first has gotten us. We know to get here,’’ says Ms. Clark, a single weren’t this huge amount of money at that everybody is affected. The folks mom of two, ‘‘but they are just like stake, people would come together. If going to work are affected. Yesterday I family to me.’’ they weren’t backing up these huge in- read a letter from a young woman who For her work she receives $9 an hour terests, people would be willing to works after school and was concerned and if she leaves, Mr. Harman has said come together to be able to solve this because she takes the bus to school and he will not be able to care for his wife. problem. now the buses are being cut because He said when they married, she raised There are things we can do. I am very they can’t afford to put gas into the his five children as if they were her proud to be part of a group of people in

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7834 CONGRESSIONAL RECORD — SENATE July 31, 2008 the Democratic majority who have We have said we have to invest up- technology. We are the Saudi Arabia of been working very hard to create an al- front in America, in American jobs. coal. We are looking to improve na- ternative vision for the future. Yester- That is the future. That is the only tional security, and we are looking for day the Senate leadership, including way to create the opportunity for independence from countries where we Senator BYRD, the chairman of the Ap- schoolbuses to be able to run, for sen- have seen an enormous transfer of propriations Committee, laid out a jobs iors to be able to get to the doctor, for wealth from the United States. This stimulus that we intend to bring for- folks to be able to get home health, for transfer of wealth is going to result in ward for a vote in September. In there folks to be able to get to a job, and to better infrastructure for these other is a major investment of $300 million in create the jobs we need in the future in countries, and it is going to harm us in advanced battery technology research advanced manufacturing. the long-term. and development. We are so close to I hope before this week is out, our I believe we need to support con- having the electric vehicle on the road colleagues will come to the floor, stop servation and alternative energy pro- and mass produced. We are so close. objecting, and work with us. What we grams of every sort. I went to high There is work that needs to be done, know is right in front of us—what we school in Nebraska. If you draw a line but we are so close. Within 18 months know can be done to bring down gas from Canada to northern Texas, where to 2 years, we can have a real alter- prices and create jobs in America. the winds come down from the Arctic native to oil on the road. I yield the floor. Circle, you will see there is not a Part of this package also includes a The PRESIDING OFFICER. The Sen- mountain in the way. There are actu- commitment to Americans and Amer- ator from Virginia is recognized. ally trees in Oklahoma that bend to- ican jobs by helping to retool and make STATE OF PARALYSIS ward the south because of the power of capital available, make credit avail- Mr. WEBB. Madam President, I want those winds. I believe we must invest, able to companies to retool our plants to take a few minutes today to speak in terms of alternative energy tech- for these new vehicles, so that we keep about the state of paralysis we seem to nologies, whether it is wind, solar, or those jobs here. have found ourselves in on the Senate other areas. Our companies are competing with floor, and then also to make a brief At the same time, when do we debate countries right now. Come to China, we comment about two nominations the this? How do we develop a strategy? will build a plant for you. Come to Senate will be considering. What should we be doing now, today, Korea, we will build a plant for you. We First, we are paralyzed, obviously. looking into the immediate future? want those jobs here. The other side of the aisle has voted The bill our leadership brought to the I am very proud that the stimulus against a windfall profits measure for Senate floor is the best short-term fix, that has been put forward shows a com- oil companies at a time when we have when we are talking about the incred- mitment to American jobs and Amer- seen record profits for any company in ible increase in the price of oil. If you ican manufacturing. I am very proud American history, which has only in- go back 6 years to when this Congress that is part of the stimulus package we creased. How did they get these prof- voted in favor of the invasion of Iraq, will be working on and voting on in its? Certainly not by working any oil was $24 a barrel. The price of oil September. harder. In fact, as people have men- went all the way up to $147 a barrel. It Around the world, everybody else tioned on the floor today, it seems a has tamped down a little since then, gets it that it is not just about oil and lot of production actually has gone but that is a sixfold increase in 6 years. drilling. Everybody else understands. down. I don’t know how else you define I can guarantee this is not simply a Every other country is racing to alter- a windfall than what has happened in supply-and-demand issue. The demand natives. announced the great the price of oil and the profits that didn’t go up six times in the last 6 advanced battery alliance that will in- have gone to the oil companies over years. There are other interests, in- vest over $650 million in advanced bat- the past 6 or 7 years. They will not give cluding the speculation market, that teries to help German automobile mak- us a vote on the rampant speculation have driven the price of oil up that ers. South Korea spent over $700 mil- that has now taken place in the oil high. We have had testimony from oil lion in advanced batteries and devel- market. companies’ executives saying that, in a oping hybrid vehicles. We are in a race I have to say at the outset that I pure supply-and-demand environment, with them to get to the future, not the don’t have a fundamental disagreement oil would probably be at $60 a barrel. past. China has invested over $100 mil- with a lot of the things that are being That is an issue we can affect. We can lion in advanced battery research and said on the Republican side about what affect it in the short term by regu- development. we need to do. I think we very much lating a market that has dramatically In the next 5 years, Japan will have need a comprehensive energy strategy changed because of the participants in spent $230 million on this research, as in this country. I am not opposed, per- that market since late 2000. I hope we well as $278 million on hydrogen re- sonally, to the idea of expanding explo- can have some sort of agreement on search for zero-emission fuel-cell vehi- ration for oil and gas in those cases this. We should have a vote on the cles. That is the future. That is the where it is appropriate, and to get speculation issue. I compliment our real competition, so when you go to down and find the assets that are avail- leadership for having attempted to the pump and look up and see that able to us as a nation and increase our bring that issue before the Senate. price for traditional gas, you have an- national security. This may not be, as PENDING NOMINATIONS other choice. That is the future. We are some people say, the answer in the dis- Madam President, I want to speak for working very hard to get us to that fu- tant future, but it is certainly an es- a couple of minutes about two nomina- ture. We need a White House that will sential transition for us as we reach to- tions that are pending before the Sen- help us get to that future. We need sup- ward that future. ate. port from the other side of the aisle, I personally support nuclear power First, I express my appreciation to not just to talk about it. and expanding nuclear power programs. the senior Senator from Virginia, Sen- In conclusion, part of what is talked We have not built a new nuclear power ator WARNER, today for the comments about on the other side of the aisle in plant in more than 30 years. There has he made about Kathy Stephens, who terms of supporting advanced battery been ample comment about that on the has been nominated to be Ambassador research is a prize. If you go out and floor. I think nuclear power is safe. We to South Korea, has cleared the Senate spend all this money—and Germany are the best in the world at it. The ex- Foreign Relations Committee, and has spends $650 million—but if you, an indi- periences of the U.S. Navy at sea for at been waiting for a vote on this floor. I vidual or a business in America, figure least a half century demonstrate that. know of very few people who have bet- out a way to get the capital to do this, It is environmentally clean, and we ter qualifications to serve in that part we will give you a prize at the end. It have gotten better technology, ad- of the world. I have spent a good part is insulting that the presumptive Re- vanced technology, in terms of taking of my life in and out of Asia. She began publican nominee and his colleagues on care of nuclear waste. as a Peace Corps worker in South the other side of the aisle have decided I believe we can reach a point where Korea. She is fluent in Korean. I be- to run our economy like a game show. we have cleaner coal. This requires new lieve she is the best qualified person to

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7835 address all of the issues that people on State of Nevada is restricted air space. I join the majority leader in every both sides have expressed their con- You cannot fly an airplane over most way in extending my most sincere re- cerns about, in terms of politics, the of the State of Nevada. It is restricted grets and hope and pray that the best culture, human rights issues, et cetera. to the military. So we have lots of de- will come of this. I know that sounds I was very gratified to see Senator pendence on the Federal Government. impossible, but at least we can ask for WARNER mention his support for her We are the most public land State in the best and that the Lord consider nomination today. I hope we can find a the country. them and be merciful to them. way to get her out there doing her job As a result of that, I have worked Mr. REID. Madam President, I did in the very near future. closely with the Energy Committee all not know my friend from New Mexico The second nomination I want to these many years. One of the people I was on the floor, but as he knows, I did mention is that, regrettably, I am un- have worked closely with over these mention his name and the great rela- able to support the nomination for the years, for more than a decade, is the tionship Bob Simon has had with the Chief of Staff of the Air Force. This is chief of staff of that committee, Bob committee. As I mentioned, not know- an individual who, in an earlier billet, Simon. He is a wonderful guy—quiet, ing the Senator from New Mexico was at a key time after the invasion of intellectually very sound, a graduate of on the floor, I will repeat what I said, Iraq, was asked repeatedly to give an- a small college in called that the committee has functioned swers to a question for which I person- Ursinus College. He has a PhD from very well. Two New Mexicans run that ally believe there were answers. I was MIT in chemistry. committee, either as chairman or writing about it at the time. I have I have followed very closely the trav- ranking member, back and forth, and very strong feelings about this. Regret- ails of Bob Simon these last few weeks they work so well together. One reason tably, I am going to be unable to sup- because he has a son by the name of they do is because of Bob Simon. He is port that nomination. Gregory, 16 years old, who was struck a very quiet, brilliant man, and it is I go back to what General Matthew with a very bad bleed on the brain and very nice that Senator DOMENICI would Ridgway said some 50 years ago, when died today. He was in the hospital in a say what is in his heart because we join he was describing the role of a military coma. We thought he would pull in his wishes that, as he has indicated, adviser. He said: through, but he did not. He died. It is the Lord will look down on his family He should give his competent professional devastating to Bob Simon, his wife with understanding and compassion, advice on the military aspects of the prob- Karen, and, of course, Anne-Marie, his and hopefully, as time goes by, there lems referred to him, based on his fearless, daughter, and Catherine. Catherine is will be some good that comes from this honest, objective estimate of the national in- not here today, of course. Her brother tragedy. terest, and regardless of administration pol- passed away. She is in charge of the The PRESIDING OFFICER. The Sen- icy at any particular time. He should confine Democratic pages. She works very hard ator from New Mexico. his advice to the essentially military as- Mr. DOMENICI. Madam President, as pects. in that capacity. It is times such as these when you I understand it, time now inures to the I believe if we do not insist on this really understand that when we talk Senate Republicans for—is it a half standard in the relationships between about a Senate family, we really mean hour? the U.S. military and the Congress, it. Bob Simon is part of the family. He The PRESIDING OFFICER. The Sen- then we are going to continue to have works with Democrats and Repub- ator is correct. the same difficulties that we saw with licans. He is great for working on a bi- ENERGY attempting to get straight comment partisan basis. When Senator DOMENICI Mr. DOMENICI. Madam President, I out of the U.S. military as we went was chairman of the committee, Bob am here to lead off for the Republicans. into Iraq. Simon was the Democratic chief of There are two others. Senator There was a very wise Marine general staff. The committee with the two New BROWNBACK is here, and there may be who said, at the time I was entering Mexicans as the ranking member and another Senator, Senator ALLARD. I the Marine Corps, ‘‘It is very impor- chairman of that committee, one time say to them, I am only going to make tant in the United States to get the as chairman, one time as ranking a 2-minute or 3-minute statement and politics out of the military and to keep member—one reason that committee then yield to whoever wishes to go the military out of politics.’’ I believe functions so well is because of Bob first. I would like them to hear what I that, if we believe in that, we need to Simon. say. insist that those military officers who There is nothing I can do other than Yesterday, the chairman of the Ap- testify before the Congress abide by it. to recognize what a good man Bob propriations Committee, Senator With that, I yield the floor. Simon is. There is nothing I can do to BYRD, issued what I believe to be a The PRESIDING OFFICER. The ma- ease the pain of the Simon family, very telling and extraordinary state- jority leader is recognized. their friends, and loved ones. ment. He said: CONDOLENCES TO SIMON FAMILY On behalf of the Senate, I extend my It became clear that an attempt to add Mr. REID. Madam President, I have deepest condolences to Bob Simon and language to the supplemental—— had the good fortune of working with his wife Karen for their heartbreaking That is the supplemental appropria- Senator BINGAMAN now for 26 years. He loss. Being the father of five children, I tions—— is such a wonderful man. His academic can only think how devastating this repealing the two-decade-old ban on offshore record is as good as anyone’s in the must be. oil and gas drilling would be successful, re- Senate. His ability to do legislation is Mr. DOMENICI. Will the leader yield sulting in the necessity of having to produce as good as anyone’s in the Senate. Ev- 60 votes on the Senate floor to strip the re- a moment? peal. erybody knows what an easy man he is The PRESIDING OFFICER. The Sen- And so for that reason, the markup in the to deal with. He is now chairman of the ator from New Mexico. Senate Appropriations Committee on two Energy and Natural Resources Com- Mr. DOMENICI. Madam President, I important bills that fund the government mittee, which is so important to what heard the leader’s comments about was canceled. goes on in our country. New Mexico is Gregory. I just want to say I am aware I will say that not only does this so fortunate to have his service in the of the situation. I feel the same way statement contradict claims of the ma- Senate. He does so much for New Mex- the majority leader feels. I thank him jority about why the markup was can- ico and, of course, for our country. so much for his graciousness toward celed, it also crystallizes exactly why The reason I mention his name is Bob and his wife. I know how tough it the last 9 days in the Senate have re- that one reason Senator BINGAMAN does is on them. We don’t know it until sulted in absolutely nothing. The ma- such a good job is he has a wonderful something like that happens, but that jority is afraid of allowing the Senate staff. I have worked very closely with is a very young, wonderful boy who to vote on increasing American produc- them. At least 70 percent of Nevada is died. Bob is a wonderful man. Every- tion. They are afraid to let that happen public lands—land owned by the Fed- body who knows him knows he is a because a vote just might yield results. eral Government. Only 13 percent isn’t dedicated, devoted father. It is just pa- We have spent 9 days debating this private lands. Over 40 percent of the thetic that this happened. bill. During this time, we could have

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7836 CONGRESSIONAL RECORD — SENATE July 31, 2008 considered dozens of amendments, just have said—not as direct as this, but I We never had a single vote, I say to as we did on the energy legislation in have said that in 36 years being a Sen- my friend from Colorado, not one vote 2005 and 2007, and without a doubt, be- ator, through thick and thin and bills I was taken on any of the bills to try to cause the majority leader has taken have managed, bills I have amended, negate the provisions we put in for nu- sole control over the process, we have whatever kinds, I have never seen any- clear power. One would have thought 5 been held to zero votes. So zero votes, thing where such a simple propo- years ago it would be the most conten- I say to my fellow Americans, cannot sition—can we open lands that we own tious issue we could have brought to yield results. When you have no votes, so they can be drilled, yes or no—I the floor. In that big Energy bill, there you cannot accomplish anything. That have never seen where it takes 10 days was a whole chapter on nuclear power. means you cannot add to the offshore and they waste 10 days of time and still Nobody sought to amend it, change it, reserve that can be made available for say no. I have never heard of that. Yet anything. That was really a credit to oil and gas production. It remains as is, the majority, the leader of the Appro- the Senators who worked so hard on no matter how much is there, no mat- priations Committee says in the Appro- nuclear power, and the Senator was ter how much we could end up drilling priations Committee there are enough one of them. Senator ALLARD has al- for so the American people could look votes to end the offshore hindrance ways said he has been proud of it. I out and say: By producing our own, we that has been there, it says, for two don’t know about the Senator from don’t have to waste all our money decades or three decades. If the amend- Kansas, but I assume so. He has a good sending it overseas, and the price ments do that, they are awfully scared, brain, and if you have a good brain and might come down. right? Maybe that is why we didn’t get you are a reasonable legislator, you My last observation before I yield to the vote. couldn’t be against nuclear. You just my good friends is that I continue to I think it is other things. I don’t had to be one of these fringe people hear comments from the other side think Members on that side wanted to against everything, scared because we that say we should not be drilling be- vote, win or lose. They didn’t want to had an accident once. cause all we say is drill, drill, drill, and vote. Now the American people can If you are scared because you had an that is the only thing, and we don’t judge. That is how I see it. They can accident once, you would not get up in need to do that; we need alternatives. judge what happened and why. the morning. That is what the doctor We can have all the alternatives we Mr. ALLARD. Madam President, I told my mother. She didn’t want me to would like—and I am surely in favor— wonder if I might ask the Senator from get out of bed because I had a bad knee. but we are going to be using crude oil Kansas to yield because I would like to The doctor said: The best thing to do if or something much like crude oil for at add additional remarks. you don’t want him to get hurt is you least a generation—that means 20 Mr. BROWNBACK. Yes. be his maid. He can stay in bed, and years minimum—because we cannot Mr. ALLARD. I think the Senator you can serve him food for 25 years. Of get off crude oil any faster. The oil from New Mexico, Mr. DOMENICI, has course, he won’t amount to anything. products we use for our cars, our done a fabulous job with the energy And that is true. trucks, and our airplanes we cannot issue, not just this year when it is fash- I am talking on. It is getting close to change over fast enough, so we have to ionable—and this is the big issue—but the end of the day. use oil. And if we don’t produce more of he has devoted his whole legislative ca- I yield the floor. our own, we all know what we are reer to energy, making it available, Mr. BROWNBACK. Madam President, going to do is buy from others and con- how we can use research and tech- I thank my colleague from New Mex- tinue to send the money overseas. nology to meet the energy needs of this ico. I note that when the nuclear indus- It is not just drilling because we country. He is recognized not only by try comes back, I hope one of the first want to drill, drill, drill; it is drilling me but nearly all Members of this Sen- powerplants has ‘‘Pete Domenici’’ writ- because we don’t have enough oil. And ate for his hard work on energy. We all ten over the archway going into it. if we find more, we import less. That should appreciate that work. We have an excellent nuclear power- should be good, and the American peo- I join in the chorus of those who have plant in Kansas called Wolf Creek. My ple sense it is good. That is why so congratulated Senator DOMENICI on a colleague recognizes this. It has been many of them have said let’s open the distinguished career. His dedication to in operation for 25 years. It had huge offshore for drilling. energy—I cannot think of another sub- I yield the floor. protests before it got built. People The PRESIDING OFFICER. The Sen- ject one could pick up that would have were protesting the train that carried ator from Kansas is recognized. more of a long-term impact on this some of the main core elements into Mr. BROWNBACK. Madam President, country, whether we are talking about this spot. It has been operating effi- I would like to first thank my col- economic security, whether we are ciently, cleanly. It doesn’t put off CO2. league from New Mexico and ask him a talking about military security, or It was a huge investment that has been question, because this will be the last whether we are just talking about a se- fantastic for our whole State. And it year he is serving in this body. He has cure home where one can rely on utili- was a capital expense. It was expensive served in it for many years, very dis- ties and everything to have a com- on the capital side of it, substantially tinguished. It has been my pleasure to fortable lifestyle in this country. The so, but, boy, does it run well. It has get to know him. Senator DOMENICI can Senator needs to be recognized for been good to see. And if we need to be irascible sometimes, but he is al- that. It is a pleasure for me to do so, as bring that back, we need to bring it ways fair. I find he will get on both I have served on several committees back on a cost-efficient basis, but that sides, depending on which way he now with him. He is very articulate on was one of our key elements on moving makes the call. this subject, and he does a great job. this forward and moving our car fleet I just saw this, too, that we are not Mr. DOMENICI. Madam President, I with more electricity. But we are going having this Appropriations Committee thank the Senator from Colorado, and to need that base power generation, markup. I am on that committee. I am I will add one supplement to it because and we want it clean, and here is a a relatively new member. Senator AL- he knows this and maybe we will just good spot to do it. LARD is on it, and Senator DOMENICI say it together here. I did devote 10 Mr. DOMENICI. There are 16 applica- has served on it in a distinguished ca- years, with three or four experts, to tions to the Nuclear Regulatory Com- pacity for many years. seeing if we could bring nuclear power mission as of the day before yester- This is really striking. I have not back to life in America, instead of day—16—for new nuclear powerplants; seen this take place. I have not been in leaving it dead, for others to use it as in some cases, two plants at one site, the Senate that long, but I wonder if we sit around having invented it and both construction and design applica- my colleague has seen that sort of wondering what is happening. I did tions. We had zero the day we adopted move taking place to stop a major work on it for 10 years, and then when the new Energy bill. For once it seems issue that is confronting the American we did our big bill, we put in provisions as if we did something right; doesn’t it? public? that brought it back to life. That does Mr. BROWNBACK. I agree. Mr. DOMENICI. Madam President, I make you feel good. You don’t do that Madam President, I join my col- have not seen such a thing. In fact, I alone. leagues from New Mexico and Colorado

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7837 in talking about the energy issue, and Well, why? start. We understood that Shell Oil was I particularly want to associate myself Well, they are scared of what is going ready to try a new process. They were with the comments of the Senator from to take place in the environment, even going to spend more than a few billion New Mexico, who responded that we though we can do it environmentally dollars on it, and we found that out and are not just focusing on drill, drill, sound. Someone is going to be doing it said: Well, we ought to at least give drill. The point of the matter is two somewhere else. Are they going to do it them a chance. And we did, thanks to numbers. Those two numbers are 25 and more environmentally sound than us? I you. But now they won’t let us vote on 3. Twenty-five percent of the world’s don’t think so. I know they are not getting rid of the moratorium, so that oil is consumed by the United States, going to in some of the places I have is dead in the water too—that great big and we produce 3 percent. seen around the world. The U.S. stand- resource. Now, how long can we operate that ards are the highest in the world. So I thank you. way? So I would plead with my colleagues Mr. ALLARD. Well, I thank the Sen- You can say, as my colleague from that drilling is part of the answer. It is ator from New Mexico for his gracious New Mexico has pointed out: Well, OK, clearly part of the answer when our remarks and, again, it is a statement we are going to get off oil. We want numbers are 25 and 3; when we use 25 of his statesmanship to actually go and some alternative. Lord knows, I want percent of the world’s oil and produce 3 visit the site and find out what is going an alternative. I want more ethanol, percent of it. We have to get our num- on. That is why he makes such a great which is produced in my State. I want bers up. It helps to balance the trade, legislator in the Senate. it produced out of cellulose. The prob- it helps our deficit, it helps our people, I am with my colleagues. I am sick lem is, if we turned off oil tomorrow, and it spends it here at home. and tired of delays. It is time for us to we are not in a position to produce That is why I continue to join my move ahead. I have a chart: There have enough of that or virtually anything colleagues in voting that we stay on been six attempts by the Democrats to else. We are going to need to use oil for energy instead of going to other issues. change the subject from $4-a-gallon some period of time, and that 25 and 3 I would like to solve some of these gas, all while people are suffering at ratio doesn’t work—our consuming 25 other issues as well, as would my col- the gas pump and we are having dra- percent and producing 3 percent—when leagues on the Senate floor. I want to matic adverse effects on our economy. we could produce probably a good 50 deal with them. I want to deal with all We are getting ready for the school percent more. Who knows what the ac- these issues. But when you pass up the year, and school districts are strug- tual number is. We know it is much biggest issue that is confronting most gling with how they are going to get higher than what it currently is. Americans, and you don’t deal with it, fuel for the school buses. We have For every dollar we are not spending and for 9 days you don’t deal with it farmers and ranchers starting to put up on oil here, we are spending it some- when you could be, we are just simply their crops, and they are wondering where else. They are building these saying: Let’s deal with the biggest one how they are going to get money to huge indoor sea complexes in Dubai in here, and then we will be happy to deal pay for fuel, which is a major cost. It the Middle East and lavish buildings. with these other issues. We need to just doesn’t balance out for us. They are building islands, whole is- deal with these other things, but not So I am very concerned that we have lands, beautifully designed like a palm until you deal with the biggest one. If had these six attempts to move off of tree. That takes huge amounts of $4-a-gallon gas when it is such a vital money. we don’t deal with it now, are we going You sit there for just 2 minutes, and to deal with it this year? I don’t think issue. I can’t think of another issue you think: Where is all that money so. I don’t think that will happen. We since I have been here that has had this coming from, I wonder? It is coming are not going to get more time, nor profound an impact on people’s lives. from our consumers’ pocketbooks when will we have more political will the We shouldn’t be delaying or stopping people are pulling up at the gas station closer it gets to the election. this matter. and paying 100 bucks or more for gas to So now is the time, now is the place, There have been other subtle at- fill up. Hopefully, there are people who now is when the American people want tempts on the other side, even if we have vehicles that are using substan- us to deal with this matter. So I join move forward, to delay the develop- tially less than that, but the point is, my colleagues in continuing to vote ment of energy, and let me cite a cou- it is a huge transfer of wealth from this way; that we take up these amend- ple of examples. here to there, and it doesn’t have to ments to increase production in the One is the offshore drilling provi- take place when we can produce it United States. sions, which we have in our Gas Price here. Mr. DOMENICI. Will the Senator Reduction Act on the Republican side, I would rather that money be going yield for a question? where we look at the offshore drilling— to Kansas or Colorado to work on their Mr. BROWNBACK. I will be happy to the deep ocean drilling. We have had oil shale or to Alaska or to offshore yield to the Senator from New Mexico. Members stand here on the Senate areas but certainly working here. We Mr. DOMENICI. Before I leave, I floor and say: Well, I am all in favor of have a Federal deficit that is taking want to say to the Senator from Colo- that, but we haven’t gone ahead and place. What if instead of us shipping rado, who is standing here patiently, done the seismographic studies to fig- $500 billion overseas for oil, we were that he might recall that the Senator ure out where our deposits are. spending that money here. Then 20 per- from New Mexico went up and visited Well, we have been trying for years, cent comes into our Federal coffers. Colorado and Utah to see the oil shale mostly through Senator DOMENICI’s ef- That is the general figure. I think that before we had the big bill, where we put forts, to try to get the money to do the is a bit high, but it is about that right everything together. seismographic studies so we know how now. So you have $100 billion coming Mr. ALLARD. I do remember. much and where those deposits are. here in tax revenues. It is just common Mr. DOMENICI. I was prompted to do But there is delay before we actually sense. that by you, to find out why we weren’t get to it. My dad farms, and I have been talk- doing anything with that shale. We So Members will stand up and say: ing with him about this issue. He is found out that we didn’t have any leas- Well, I am all for offshore drilling, but paying a lot for diesel fuel because he ing laws that permitted it. I recall it we need to do the studies. Well, they runs the tractors on diesel, and he is was at your instigation that we put the won’t support the studies and the paying more than he used to. He is say- first laws in the energy impact bill, the money to get it done. Let’s take oil ing: Why aren’t we doing this here? big bill, allowing leases for research shale, for example. What we need to do And I have a hard time explaining to and development. That is what has is to put the regulations in place so him why we are not doing it here, when brought the development they are all that when the technology is developed we could do it here, when we have the worried about. It is a research and de- and we are ready to move forward with capacity, the ability, and the tech- velopment lease. development, we can do that in a nology in the market. Now they don’t want to have any, as phased process. But, no, we are not I say: Well, some people don’t want you put it, rules or regulations, so they going to let the regulations go forward, us to. can stop it dead after we got a good which ends up being an additional

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7838 CONGRESSIONAL RECORD — SENATE July 31, 2008 delay when the technology is ready to So I think we need to take a serious that is the continuing resolution. I go. look at our alternative energies, and wish to point out to my colleagues So I am hoping—and I want to thank we need to act now to do something to these are annual limitations on drilling the Senator from New Hampshire, who increase hydrocarbons and do some- offshore, in the oil shale. These are an- had proposed the amendment I had thing to reduce the price of gas at the nual things put in, these limitations. made in the Appropriations Committee gas pump. There is a building coalition and con- a little earlier this afternoon—it was There is one area of the economy sensus of people saying I don’t want objected to on the floor—where we that I don’t think we have talked much those limitations put on this year’s ap- said, let’s move ahead with rules and about, and that is the trucking indus- propriations. We do a continuing reso- regulations. Then in the amendment it try. Talk about renewables. What is lution as a bridge. I am warning my says that we will delay development going to provide the energy for trucks? colleagues if this doesn’t get voted on until 2011 because the technology for What renewables do we have for and dealt with, I think you are going development won’t be in place any trucks? I know some trucking compa- to see people starting to say: I am not sooner than that. So that was accept- nies are looking forward to going to willing to put that into that bridge able. The Department of the Interior propane to help a little bit, but there is funding into next year. has got the rules and regulations. They not much substitute out there on re- I hope we can work this out on some- are out there for public comment, but newables for the diesel engine right thing on offshore drilling, on oil shale that is all the further they can go. now. The diesel engine is what we use development of rules, before we get to If we continue what we have been in trains, in trucking, in farming, and that continuing resolution piece where doing year after year, we have stopped it is not going to be an easy solution this would normally, or often, be put the development of oil shale dead in its for us to come up with an alternative in. People are saying I do not want tracks. Even worse than that, when it fuel for diesel. We need to do what we that in this financing bill for the Gov- is ready for development, we will have can to hold down the cost of those ernment, the continuing resolution. Mr. ALLARD. I thank the Senator delayed it that much more because we kinds of fuels because that new tech- from Kansas for his support. I couldn’t haven’t done the things up front that nology is going to take a while to de- agree more with him. It is time we stop will allow the oil companies to begin to velop. We can’t just shut it off today these tactics that are causing the price look at what their lease agreements and expect our economy to function when it is such a vital part of what is of gas to get so high. Obviously, before might be, as the Senator mentioned the summer break, it doesn’t look like from his visit, or what the royalty pay- happening in this country. Mr. DOMENICI. Will the Senator we are going to have an opportunity to ments might be or what the remedi- deal with the issue of bringing down ation issues may be when they move in yield? Mr. ALLARD. I will be glad to yield. the price of gas. Come September, we with oil shale. are going to have to do something I happen to think the technology we Mr. DOMENICI. I note that you just used a word a minute ago—‘‘bridge.’’ I more dramatic than what we have at are developing in Colorado is environ- think you have heard me speak of the this point. If it means we have to stop mentally friendly, and it is not a min- bridge. You see, the bridge is how you the continuing resolution with morato- ing operation. You freeze out an area of are going to get from where you are rium language in it, I think at that the ground, you heat out the middle of now, with an economy that is using hy- point in time we may have to make a it, and you get a high-quality fuel out drocarbons to move itself, to do all strong stand—at that particular point of there which will help us meet our kinds of things; how we are going to in time. I predict we are not going to energy needs. The hydrocarbons we get get from there to an economy that has see that much of a decrease in the cost out of the ground, I think all of us real- no more of that. That is a bridge. of gasoline and diesel fuel at the gas ize these are nonrenewable resources. Most interesting, the bridge is going pump. At some point in time, we are going to to be crude oil because the only way I thank the Senator from Kansas for have to do something else other than you can get there is to stay alive, to his comments and for his support. We just rely on those. But right now they have an economy, to produce, to get talked about how various aspects of are the bridge. They are our bridge to things done. And to get across that the economy are being impacted by the renewable energies. bridge you have to have crude oil be- high price of gas. I was at a press con- I have heard comments on the Senate cause there is nothing else to get you ference earlier. We had representatives floor against the Republicans; that all there. You cannot put everything in speak on how the poor are getting ad- we are interested in is drill, drill, drill. parking lots and in abeyance until you versely impacted, more than any other Republicans, to a person, believe that find what is on the other side of the part of the population in the United we need to use our hydrocarbons to bridge. States, because of the high cost of fuel. bridge, and they understand we need The truth is, we have to produce We had a member from the Congress of the new technology. We are not saying crude oil for perhaps a decade. You said Racial Equality. We had Bishop Harry exclude anything. On the other side 10, 15, 20 years. That is my guess. Even Jackson, who talked about the High they are saying: We will just go with if all these things work, the auto- Impact Leadership Coalition. We heard renewables. We will let $4 a gallon mobile where you can turn it on with a from the All Nations Pentecostal stand. Who cares. Let it go to $5. Let it switch, everything that we can do, we Church of God in Christ talk about how keep going to $7.50, even to $10 a gal- are still going to be, what I say, stuck the poor they were dealing with were lon. We don’t care because the high in the mud—the oil mud. being so impacted by the high cost of cost of gasoline will encourage con- Whether people like it or not, Ameri- fuel. We had a number of people from servation. cans have it right. They are saying all aspects of life, including veterans. I think there are other ways we can drill some more, they are not saying We had also consumer groups. We had encourage conservation, and I think a drill less. Six months ago, everybody the Farm Bureau and we had Ameri- lot of it is happening today. But that is was afraid of the word. Now they are cans for American Energy, all there at certainly not the way to do it because not afraid of it because people under- that press conference, talking about it has such a dramatic adverse impact stand if you have more of that stuff how letting the price of fuel get so high on our economy, and it has an adverse called oil you might pay less. Costs was actually a war on the poor. I impact on the security of this country. might come down. thought that was a rather dramatic Both my colleague from Kansas and I thank the Senator for his under- way of putting it. New Mexico talked about how all of standing, and I am pleased to be with We need to think a little bit about our dollars are going overseas, more him. the fact, if we allow the price of gas to than $700 billion a year going overseas Mr. BROWNBACK. If my colleague get high like this, there is a lower in- to support the economies of our adver- from Colorado will yield as well? come section of our society that is saries. They are the ones who don’t Mr. ALLARD. I yield to the Senator going to be dramatically impacted be- support what we are trying to do: to from Kansas. cause they do not have the reserve ca- spread democracy around the world. Mr. BROWNBACK. There is another pacity to pick up the costs of fuel that They would like to see us go away. bridge I would like to talk about, and is impacting their lives.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7839 We need to act now. We should not be focus on what is best for them tomor- grams, by providing $500,000 per year in putting it off. I have been disappointed row. We are seeing so many students mandatory funding to each of these in- that we have not been able, as Repub- who do go to college leave with two stitutions for 6 years. licans, to put our amendments forward pieces of paper that they will carry for This bill would also honor the dedica- on the floor. The majority leader has the rest of their lives—their diploma in tion and commitment of our armed changed his view—we will go up to one hand, and the bill for their tuition forces and their families by helping four, we will let in some amendments— loans in the other. What we need now servicemembers, veterans, and their and then all of a sudden we are at none. is a brainpower stimulus package: a families attend and pay for college by We are back to the none right now. brainpower stimulus package that will providing interest-free deferral on stu- We need to move forward. I see my make college more accessible and more dent loans while servicemembers are time is expiring. affordable so that higher education is on active duty and in-State tuition I yield the floor. not reserved only for the wealthy; a rates if they are not stationed in their The PRESIDING OFFICER. The Sen- brainpower stimulus package that will home State. ator from New Jersey is recognized. improve and modernize our Nation’s Finally, it would establish new col- Mr. MENENDEZ. Madam President, I colleges and universities so they will lege scholarships of up to $5,000 for ask unanimous consent I be recognized remain the greatest and most distin- children and family members of for 5 minutes at this time, that Sen- guished in the world; a brainpower servicemembers who have died since 9/ ator LEAHY be recognized immediately stimulus package that will protect stu- 11. following me for 10 minutes, and the dents from unscrupulous lenders and When one of our brave remainder of the time be given to Sen- ensure they are getting the best deals servicemembers gives their life in de- ator DORGAN. possible when they invest in their edu- fense of our country, they are not the The PRESIDING OFFICER. Without cation with private loans; and a brain- only ones sacrificing—rather their sons objection, it is so ordered. power stimulus package that will close and daughters; husband and wife; and HIGHER EDUCATION OPPORTUNITY ACT the achievement gap, because in this often mother and father have also Mr. MENENDEZ. Madam President, I great Nation, the darkness of your skin given the most precious thing in their rise to speak in support of the Higher should not diminish the brightness of lives for our country. Like their cher- Education Opportunity Act. your future. ished loved one, they deserve more There is no doubt in my mind that I The package we pass must honor and than anybody the opportunity and would not be speaking here today if it respect our soldiers and their families promise that makes this country so were not for the kind of assistance we and provide them with the same oppor- great and worth defending and sacri- will be voting on today. tunity and promise that they have ficing for. I would not have been able to go from given so much to defend. Our Nation faces great challenges to the small tenement apartment I grew Today we have the opportunity, and meet the demands of global innovation up in to the halls of the United States the responsibility, to make education a and competition, but as i true with all Senate if it were not for our Federal national priority and commit ourselves great challenges, we also have a great Government’s commitment to edu- to accepting nothing less than great- opportunity—an opportunity to invest cating our young people, no matter ness from our educational system. The in our most important resource: our what neighborhood they grow up in, no Higher Education Opportunity Act children; an opportunity to spur our matter how much money their parents would take enormous strides to accom- economy and develop new, innovative make, no matter what their ethnicity plish many of these goals by increasing industries that create high paying jobs or the color of their skin. Government assistance for students, that cannot be outsourced; and an op- I was the first person in my family to families, and institutions of higher portunity to prepare our students and attend college, and then law school, learning. Allow me to take a moment strengthen our economy so America re- thanks to Pell Grants and Perkins to point out some crucial aspects of mains a leader in the world—not just loans. The fact that I could get a qual- this bill. during the onset of the 20 century, but ity education and was willing to work Recognizing the dramatic increases throughout it. hard-work meant that the American in tuition over the years, this bill A nation that is united in its purpose promise was real for me. And I believe would increase Pell Grants and Perkins can answer that challenge, as we have that providing every child with the Loans would also permit low-income so many times throughout our history. same opportunities I had—so they can students to receive Pell Grants all year Just as an entire generation before us achieve their God-given potential— round, so they can afford to stay in was once inspired to dream new dreams should be the unalienable birthright of school and earn their diplomas quicker. of reaching space and landing a man on every American. As tuition costs continue to skyrocket, the moon, so must we set our sights to Supporting our children’s future isn’t we need to do everything we can to en- the heavens and be the next great gen- just a social responsibility, it is an eco- sure that every child has the ability to eration of leaders and innovators. nomic necessity. Just a few decades soar to the highest heights of achieve- The time has come to make a robust, ago, workers could find a good paying ment. national commitment to the education job and comfortably raise a family on In the wake of the recent student of our youth at all levels, from kinder- the strength of their high school di- lending scandal, we must protect our garten through graduate school, from ploma. But times have changed. students from deceptive loans that technological institutes in our inner If we are going to stay on the apex of often leave them mired in debt even be- cities to centers of agricultural re- the curve of innovation, if we are going fore they receive their diploma. This search in the heartland. to be the economic power we were in bill would establish strong standards to New generations of doctors and law- the 20th century going forward into the prevent schools from playing favorites yers, artists and engineers, captains of 21st century—a century that increas- with lenders due to expensive gifts industry and commanders of our ingly belongs to those who innovate— they were given and ensure students Armed Forces, are depending on what we have to do all we can to educate our are given the best rates possible. we do here today. children and prepare them to compete. This bill would work to narrow the This legislation has been in the Unfortunately, we are in danger of achievement gap between Caucasians works for a long time. We are a little falling behind. At the same time we are and minorities by investing in Minor- late on the assignment, but we can still seeing higher education become in- ity Serving Institutions, Hispanic get an ‘‘A’’ for finally taking the time creasingly more important, we are see- Serving Institutions, and enhancing to turn it in. ing it become increasingly less afford- vital programs such as TRIO and I certainly hope our colleagues on able. GEAR–UP. the other side of the aisle will allow us We are seeing students pass up the It would reauthorize funding for His- to make this happen today. opportunity to go on for a higher de- torically Black Colleges and Univer- I yield the floor and yield the re- gree, because they are so pressured to sities and Predominantly Black Insti- mainder of any time I may have to pay their bills today that they can’t tutions and expand their masters pro- Senator LEAHY.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7840 CONGRESSIONAL RECORD — SENATE July 31, 2008 Mr. LEAHY. Madam President, I In fact, the ruling by Judge Bates with the specific legal basis for those thank the distinguished Senator from could not have been more plain. He claims and their validity. What the New Jersey. I wish to discuss two mat- wrote: White House has said is they do not ters that involve the Senate Judiciary [T]he Executive’s current claim of absolute have to obey the law. They can break Committee. immunity from compelled Congressional the law, they are above the law, and The PRESIDING OFFICER. The Sen- process for senior Presidential aides is with- when they are asked: What do you base ator from Vermont is recognized. out any support in the case law. that on? What is it that says you are IMMUNITY I will be sending letters to Karl above the law and the people who work Mr. LEAHY. Madam President, today Rove’s lawyer and the White House for you are above the law? their answer the Federal court evaluating the con- counsel to schedule Mr. Rove’s and Mr. is: Because we say so. That is it. They tempt charges against former White Bolten’s long-overdue appearances be- do not point to any statute, they do House Counsel Harriet Miers made a fore the Senate Judiciary Committee. not point to any case law, they do not very significant ruling. The court’s rul- In fact, Judge Bates explained why the point to anything except their own ar- ing is a complete rejection of the Bush Bush-Cheney administration’s blanket rogance in stonewalling the people of administration’s unprecedented and immunity claims were an unjustified this country who want to know what unfounded blanket claim of executive encroachment upon the constitutional they are doing. That is not the way to privilege and immunity. The Court’s powers of Congress. The judge wrote: have a nation of laws. You cannot have ruling is a rebuke of this White House’s [I]f the Executive’s absolute immunity ar- one person decide the law will apply to arrogant coverup and stonewalling, an gument were to prevail, Congress could be you, the law will apply to me, the law arrogant coverup designed to shield left with no recourse to obtain information will apply to everybody in this Cham- that is plainly not subject to any colorable from public view the inappropriate and claim of executive privilege. ber but will not apply to the President even illegal actions of this administra- This result, which the court con- or the people who work for him. I will continue to ask whether the tion. It is also a reaffirmation of the cluded was ‘‘unacceptable,’’ would be White House’s continued assertion of principle of separate, coequal branches that the ‘‘Executive’s proposed abso- executive privilege in this matter of our Government, something that has lute immunity would thus deprive Con- means the President takes responsi- guided our Republic since its inception gress of even non-privileged informa- bility for the decision to fire well-per- and something this administration has tion.’’ tried to ignore by making its best ef- Many of us have said that this is an forming prosecutors. To date, after forts to accrue unchecked Executive administration that considers them- more than a year and a half, he has not power. selves above the law, that the law ap- done so. Instead, he seeks to have it I commend Judge Bates. He is a plies to everybody except them. Well, both ways: Well, ‘‘mistakes were former prosecutor, a Republican ap- the court has said the law applies to made’’—by others, of course, yet some- pointed by President Bush. I commend them just as it does to all other Ameri- how, executive privilege still applies. Speaker PELOSI and Chairman CONYERS cans. Despite the administration’s at- The White House’s other blanket as- for their steadfastness in pressing this tempts at every turn to short circuit sertion says there is no wrongdoing in matter. Congress—even the courts—from being the firings. We have asked: What was I have long pointed out this adminis- able to evaluate the executive privilege the basis for that? They provide none. tration’s claims of executive privilege and immunity claims, Judge Bates’s If the White House has information and immunity, which White House offi- concurrence in these principles is a sig- that led the President and others to cials have used to justify refusing even nificant milestone. discount the evidence of wrongdoing to show up when the Congress has sub- I will be sending a letter today to At- the investigating committees have poenaed them, are wrong. Last Novem- torney General Mukasey. I am going to gathered so far, that should be pro- ber, in the Senate Judiciary Com- ask when he intends to withdraw the duced. Otherwise, we have to conclude mittee, I issued a ruling that the White erroneous Office of Legal Council opin- they do not have any and it does not House’s privilege and immunity claims ion from Stephen Bradbury relied upon exist. were not legally valid to excuse Karl by the White House to justify its non- To the contrary, the Judiciary Com- Rove and White House Chief of Staff compliance with congressional sub- mittee’s investigation which led to the Josh Bolten from appearing, testifying poenas since that opinion has been re- resignation of the Attorney General, and producing documents related to pudiated by a court and the court has the entire senior leadership of the Jus- the Judiciary Committee’s investiga- said that this administration, the At- tice Department, and several high- tions into the unprecedented firing and torney General, the White House—all ranking White House political officials manipulation of U.S. attorneys. Mr. have to abide by the law. In addition, I has uncovered grave threats to the Rove and Mr. Bolten’s continued non- intend to ask the Attorney General independence of law enforcement from compliance with the committee’s sub- whether the court decision will cause political manipulation in the highest poenas, even after my ruling, led the them to reevaluate the Department’s political ranks in the White House, in- committee to vote to hold them in con- memoranda and opinions that have cluding Karl Rove. The evidence shows tempt of Congress. Even with that, supported overbroad and unsubstan- that senior officials were apparently they have put themselves above the tiated executive privilege claims not focused on the political impact of Fed- law by refusing to appear and testify. only in the investigation of the firing eral prosecutions and whether Federal This week the House Judiciary Com- and manipulation of the U.S. attorneys prosecutors were doing enough to bring mittee also cited Mr. Rove for con- but also in other matters, such as the partisan voter fraud and corruption tempt. They had previously cited Ms. claims used to block Congress when in- cases. It has long been apparent that Miers for her failure to appear, as well vestigating warrantless wiretapping, or the reasons given for these firings were as Mr. Bolten. the leak of the name of undercover CIA contrived as part of a cover up. It is long past time for senior admin- agent Valerie Plame for political ret- The tragic and corrupt politicization istration officials to abide by the law ribution, or even White House inter- of Federal law enforcement by this ad- and appear before Congress to offer tes- ference in the Environmental Protec- ministration is wrong. Reports released timony, testimony that is compelled tion Agency’s decisionmaking to pro- by the Justice Department’s Inspector by subpoena. This administration tect corporations at the expense of General and Office of Professional Re- places themselves above the law. What Americans’ health. sponsibility, the latest just this week, the court said is none of us is above the The court’s decision undercuts the have shown the reach of the political law, not even the President of the White House’s blanket claims in all of operatives of this administration, in- United States, and especially not the these matters. The judge wrote that: fecting the hiring for career prosecu- people who work for and take orders Clear precedent and persuasive policy rea- tors and immigration judges with im- from the President of the United sons confirm that the executive cannot be proper and illegal political loyalty States. They are not above the law. I the judge of its own privilege. tests designed to embed ‘‘loyal commend the court for making that That is why we have asked for over a Bushies’’ throughout the Department. clear. year for the White House to provide us So far, neither the Justice Department

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7841 nor the White House has taken respon- woman with two heads; come in here our colleagues have this mindset of sibility. Apparently, the White House and see the world’s fatest man; come in yesterday forever. Every 10 or 15 years, intends its excuses that ‘‘mistakes and see the sideshow and see the man they shuffle into this Chamber, sort of were made’’ and that there were just a born with an alligator’s tail. And my slouched over with their hands in their ‘‘few bad apples’’ to suffice. What we eyes were like dinner plates, thinking, pockets, saying: Let’s drill some more. have uncovered is a widespread effort boy this is going to be something. And That is just yesterday forever. described by the Department’s own In- none of that was in there. I mean, it I am for drilling, but what we ought spector General as ‘‘systemic’’, one was, you know, these big old claims. to be doing is other things to change that involved the highest ranking of- Well, let me talk a little about big the mix, to change our energy future. fice holders at the Justice Department old claims that are not true here in the You know, almost 65 percent of the oil funneling White House loyalists into Senate. We have been hearing them we use comes from off our shore, from career positions. now for 2 weeks. the Saudis, Kuwait, Iraq, Venezuela. The White House’s response to the We have an energy problem. It is a That makes us enormously vulnerable. Senate Judiciary Committee’s sub- significant problem. The price of oil We need something that is game chang- poenas has been to assert blanket and gas doubled in a year, bouncing up ing, that means different kinds of en- claims of executive privilege and novel to $120, $140 a barrel. The price of gaso- ergy. claims of absolute immunity to block line—$4, $4.50 a gallon—doubled in a Yes, let’s produce more, then let’s current and former officials from com- year. produce different energy, and let’s con- plying. Based on these claims, neither So our colleagues on the minority serve more as well. But when you talk Mr. Rove nor Mr. Bolten even appeared side come to the floor of the Senate. about the issue of production, it is not before the Committee to respond to the They have this voice track. It goes just drilling a hole for oil. That is what subpoenas. Now, a court has said that over and over and over; it is called our colleagues believe. Production is they must. looping. They say: Do you know what also taking energy from the wind and The effects of the White House’s as- the problem is? We know what the producing electricity. Production is sertions of privilege and immunity problem is: The Democrats will not let taking energy from the Sun and pro- have been unmistakable, amounting to anybody drill. ducing electricity. Production is the the withholding of critical evidence re- Well, it is an interesting discussion biofuels from corn or cellulose to lated to the congressional investiga- but not true. It reminds me of Will produce gasoline and ethanol. Produc- tion. And all along they have con- Rogers, who said: It is not what he tion is biomass and geothermal. Pro- tended that their blanket claim of knows that bothers me, it is what he duction is all of that. privilege cannot be tested but must be says he knows for sure that just ain’t Now, eight times in a little over a accepted by the Congress as the last so. year we have had votes on the floor of word. Today’s ruling from Judge Bates It is not true that people on this side the Senate to extend the tax incentives is a resounding rejection of this White of the Senate Chamber do not want for renewable energy. Eight times, House’s attempt to thwart account- anybody to drill. It is simply not true. those who come to the floor with their ability and a reaffirmation of I have brought out chart after chart little charts talking about producing Congress’s ability to conduct oversight showing so much that is open for drill- more, eight times they have said: No, and the right of the American people to ing. In fact, I was one of four Senators we will not support it. Now, let me tell learn the truth about their govern- who helped open what is called lease those who listen to this why they will ment. 181 in the Gulf of Mexico, 8 million not support it—because it costs some The PRESIDING OFFICER. The Sen- acres. Four of us—myself, Senator money in the short term to provide tax ator from North Dakota is recognized. DOMENICI, Senator BINGAMAN, and Sen- incentives to get people to invest in re- ENERGY ator TALENT from Missouri—intro- newable energy. Mr. DORGAN. Madam President, duced a bill saying: Let’s open 8 mil- We ought to do renewable energy in a those of us who serve in the Senate lion acres in the Gulf of Mexico that big way. This ought to be game chang- serve in a political system. John F. has substantial oil and natural gas de- ing. It ought to make us much less de- Kennedy used to say that every mother posits. Let’s open that. You know pendent on the Saudis and Kuwaitis hopes a child might grow up to be what, we did it, in a bipartisan manner. and others. You do that, it seems to President as long as they do not have And 2 years later, there is not a bit of me, by changing the energy mix. to be active in politics. But, of course, activity on that 8 million acres. My colleagues do not support that on politics is the process within which we Our colleagues rush over to the floor the other side of the aisle. Do you make decisions—a very honorable proc- of the Senate and say: Well, the Demo- know why? Because it costs money to ess. But it is not new to the political crats are at fault. They will not let you provide tax incentives. So we pay for system to hear evidence of false drill. that. We are deep in debt in this coun- claims. In fact, it is a time-honored It is not true. There are many areas try, but we pay for it because it ought tradition in politics to hear at least that are open for drilling, and we have to be paid for in the bill we have of- some people in striped pants stand up supported that. Oh, I do not support a fered. So my colleagues vote against it. and make all kinds of false claims. goofy proposition that is ricocheting Let me describe why. One of our pay- It has reached, I must say, some new around here that says: You know what, fors to help provide these tax incen- heights on the floor of the Senate in let’s go to the Outer Continental Shelf, tives for renewable energy is to shut the last couple of weeks. As I was lis- which belongs to all of America and down this unbelievable tax break that tening to some of these things in the which is not yet open, and let’s let exists by which hedge fund managers Senate, particularly on energy and Governors of States decide whether it can take their billions of dollars and some of the claims that have been should be opened. I mean, that stands move them through tax shelters over- made, I was thinking about when I was goofiness on its head. The Outer Conti- seas and avoid paying taxes to the a little boy and the carnival would nental Shelf belongs to all of the Amer- United States of America. My col- come to my small town of 300 people. ican people. That does not belong to a leagues oppose closing that loophole. You can imagine the size of a carnival State. That does not belong to a Gov- They stand with the ability to move that would come to a town of 300 and ernor. That is an absurd proposition. hedge fund income overseas to shelter actually pitch a tent. So they come to floor of the Senate it so they do not have to pay taxes. One of the things I remember about a with their chart, and it says: Produce That is unbelievable. I mean, part of carnival coming to town is it had a more, use less. But you know what the the process in this Chamber, at least, sideshow. And the sideshow in every problem is: the actions do not match is: Who do you stand for? How on Earth carnival, I suppose, is the same. They the words. Let me describe what I do you want to go home and say: You paint the canvas on the sideshow with mean by that. know what, I decided to vote eight unbelievably bright paintings, and then Let me say that I support producing times against incentivizing substantial they have a barker, a carnival barker, more. I am fine with drilling holes. I additional production of renewable en- and they say: Come in here and see the am fine with finding oil and gas. But ergy, energy from the wind, from the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7842 CONGRESSIONAL RECORD — SENATE July 31, 2008 Sun and so on, to make us less depend- I would be happy to engage in a debate, floor with their little charts talking ent on the Saudis. I voted against that as long as I can take the negative side. about this side doesn’t support produc- because I demand and insist that hedge They said: No one has told you the sub- tion. Of course we do. But production fund managers have a right to run ject of the debate. Mark Twain said: by drilling a hole searching for black their income through the Cayman Is- The subject doesn’t matter. The nega- gold called oil is not the only way to lands and avoid paying U.S. taxes. tive side will require no preparation. produce energy. We are never going to Get a chart. If you want to get a It doesn’t require any skill or prepa- get out of this fix of needing 65 percent chart, print that up in a chart and take ration to take the negative side of any- of the oil we use from the Saudis and it to the Rotary Club and say: Here is thing. So for 2 weeks we have tried to others, unless we change the game who I stand with. Here is what I stand pass legislation to wring the specula- completely. That means completely for. Explain that at home. tion out of the oil futures market. Sev- changing our energy future. How on Earth do you get by with enty-one percent of that market is now I have described often our situation. that? I do not understand it at all. You controlled by speculators who don’t We have this big old planet that circles bring a chart to the floor and say want a thing to do with oil. They the Sun. We share it with about 6.6 bil- ‘‘produce more.’’ Well, let me tell you wouldn’t lift a quart of oil. They want lion people. We stick straws in the how you produce more—the renewable to trade paper and make money. We planet and suck oil out, about 85 mil- energy production tax credit. are trying to shut down excess specula- lion barrels a day, and 21 million bar- Let me tell you what we have done in tion. What we have found is our col- rels is destined for here because we this country. We said a long time ago, leagues, when the question is, who do need one-fourth of all the oil produced 1916: If you go looking for oil and gas, you stand with, they say: We will stand on the planet. One-fourth of the oil we like that. We want you to find oil with the oil speculators. We will block coming out of this planet every day has and gas because we have an economy that. to come to this country because we that needs it. So you go drilling, good Eight times we bring a bill to the have a prodigious appetite for oil. The for you; we give you robust permanent floor that says, let’s at least provide fact is, we need to continue to use oil, tax incentives. We have done that for incentives to try to change the plan at and will. But we need to find ways to change our energy mix in the future. nearly a century. Here is what we did this point and begin substantially in- The only conceivable way to do that is for people who tried to do new tech- creasing the use of renewable energy. to begin substantial research dollars nologies that take energy from the Eight times our colleagues have voted and to pass these kinds of tax incen- wind and the Sun and so on—a produc- against that. Let me go through what this would tives to move toward other kinds of en- tion tax credit for renewable energy. have provided, what we tried to do: a ergy use, solar, geothermal, wind, and In 1992, we said: We will give you tax renewable energy production tax cred- so on. You can add up all the money we incentives to expand renewable energy, it, solar and fuel cell investment tax spend on this sort of thing to change kind of shallow tax incentives. By the credits, clean renewable energy tax our energy future and make this coun- way, they are going to be short term, credit bonds, tax incentives for plug-in try less dependent and more secure, so they will expire. We extended them electric drive vehicles. The list goes on and it’s equivalent to what the Pen- five times for a short term. We let and on, all things we should be doing. tagon spends in 40 days. That makes no them expire three times. It was stut- Eight times we have lost the vote to sense. ter, stop, start, stutter, stop. It was an proceed because the minority, which If we are going to invest in this coun- unbelievably pathetic approach. says they support all of this, has de- try’s future, we have to pass legislation Some of us believe we ought to go 10 cided they don’t want to close the a such as this. We can’t have a Senate in years and say: Here is where America loophole that allows hedge fund man- which we have people who fashion is headed. You want to join us, we are agers to run their incomes through the themselves as human brake pads com- going to be here for 10 years trying to Cayman Islands and other tax havens ing over here to stop everything just develop America’s renewable energy so in order to avoid paying taxes. We because they want to support hedge we can become less dependent on oil close the loophole to help pay for all of fund managers who want to wash their from Saudi Arabia and elsewhere. this, and our colleagues have an apo- U.S. income through foreign subsidi- That is what we ought to be doing. plectic seizure. You can’t do that, they aries and avoid taxes. That is not a But my colleagues from the minority say. sustainable policy, to continue pro- come to floor of the Senate and have I don’t understand. It is beyond me tecting tax avoidance and stopping in- opposed it all along the way. They have that they believe it is going to work to vestment in renewable energy. opposed it eight times. In fact, the peo- come to the floor of the Senate and This country can have a pretty ter- ple who oppose this have come to the make a claim that is a false claim that rific future, but we face big challenges. floor of the Senate and said: We need somehow the majority party doesn’t We are not going to solve or address more electric-drive vehicles. We need support drilling. Of course we do. this country’s challenges unless we to move toward plug-in hybrid vehi- Let me describe it from a parochial think in very different ways. cles. You bet we do. That means sub- standpoint. The biggest drilling play in I understand there will be some per- stantial investment in battery tech- America right now is in eastern Mon- fectly content for this Congress to ad- nology. That is in the bill, by the way, tana and western North Dakota. The journ or leave town and go on the Au- that you voted against. That means U.S. Geological Survey did an assess- gust break having done nothing. I will substantial investment in renewables. ment at my request. The U.S. Geologi- be one of those who is not content. It If you are going to drive electric vehi- cal Survey and I announced about 3 makes no sense that there are those cles, you are going to have to have months ago that that is the largest as- out there with projects on the shelf electricity. sessment of recoverable oil ever made right now for new wind energy farms, They vote against that, vote against in the lower 48 States; 3.6 billion bar- for solar energy applications, for geo- all of this, and then come to the floor rels to 4.3 billion barrels of oil using to- thermal and biofuels, all of the other and say: We need the product of this to day’s technology are going to be recov- renewables, and they are not going to do what we want to do to drive electric erable. We have up to 75 drilling rigs go ahead unless they have some notion vehicles. It is unbelievable. active right now, drilling a well about that this country will extend the tax I have described this probably 20 every 30 or 35 days, moving every 30 or incentives for that renewable energy. times in the Senate. Perhaps some get 35 days to a new well site. It is the big- On eight separate occasions, the minor- tired of it, but we are trying to do gest oil play in our country. I fully ity has come to the floor of the Senate something here. We have been stopped, support that. It makes a lot of sense. I and said, when asked, will you extend which is frustrating. It is the easiest was the one who got the U.S. Geologi- these tax incentives, they have said: thing in the world to stop progress. The cal Survey to do the assessment. I was No, no, no, eight times. That is not in minority has demonstrated that now the one who helped get lease 181 opened this country’s interest. for 2 weeks. I have described Mark up, 8 million acres in the gulf. UNANIMOUS CONSENT AGREEMENT—H.R. 4137 Twain when he was asked if he would It doesn’t wash with me or my col- On behalf of the majority leader, I engage in a debate once. He said: Sure, leagues to have people come to the ask unanimous consent that at 5:30

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7843 today, the Senate proceed to the con- search to veterans’ health care and likely that one or both of these provi- ference report to accompany H.R. 4137, from foreign aid to the infrastructure sions would have been continued in the the College Opportunity and Afford- that supports our men and women in fiscal year 2009 Interior and related ability Act, and that there be 130 min- uniform in our Armed Forces. While agencies appropriations bill, and as utes for debate divided as follows: 50 some members of the committee had such would have been subject to con- minutes under the control of Senator concerns about the overall spending sideration by the committee. MIKULSKI or her designee, 30 minutes levels in those bills or individual provi- Nobody is playing political games in each under the control of Senators sions within them, the committee re- wanting to offer these amendments. ENZI and ALEXANDER or their des- ported the measures by broad bipar- Members interested in offering these ignees, and 20 minutes under the con- tisan votes. Those votes reflected the amendments had several opportunities trol of Senator COBURN; that upon the committee’s collective belief that it to present them during markups of the use or yielding back of time, the Sen- has a fundamental responsibility each other appropriations bills but withheld ate proceed to a vote on adoption of year to draft, debate, and report to the from doing so on the promise that the the conference report, without further Senate its spending recommendations committee would meet to consider the intervening action or debate. I note for for the day-to-day operations of our appropriate bills. I thought this was the Record that this agreement has Government. the responsible thing to do, but per- been cleared on both sides of the aisle. The markup on July 17 was the com- haps I was wrong. Members are entitled to their own The PRESIDING OFFICER (Mr. NEL- mittee’s fourth markup of the year to views about whether the moratorium SON of Florida). Without objection, it is consider fiscal year 2009 bills. The bills on Outer Continental Shelf develop- so ordered. reported at that meeting brought to ment should be continued. The same Mr. DORGAN. I suggest the absence nine the total number of fiscal year goes for oil shale production. But at a of a quorum. 2009 bills approved by the committee. time when energy prices are dramati- The PRESIDING OFFICER. The There was every expectation the com- clerk will call the roll. cally affecting our economy and chal- mittee would complete action on the lenging the budgets of families across The bill clerk proceeded to call the remaining three bills in July, as Chair- roll. America, I do not think we as a Con- man BYRD had publicly indicated. It gress are entitled simply to sweep the Ms. KLOBUCHAR. I ask unanimous was also expected the committee would consent that the order for the quorum issue under the rug—or attempt to—be- consider a second supplemental bill. cause it is inconvenient. We are not en- call be rescinded. Despite complete inaction on appro- titled to continue the moratoria for an- The PRESIDING OFFICER. Without priations measures in the other body objection, it is so ordered. other year as part of a long-term con- and low expectations for timely enact- tinuing resolution without so much as CONSUMER PRODUCT SAFETY IMPROVEMENT ACT ment of the fiscal year 2009 bills, the Ms. KLOBUCHAR. Mr. President, I a debate or a vote. committee was fulfilling its responsi- In addition to increasing our domes- know this is the Republican portion of bility to make recommendations to the tic supply of energy, responsible devel- the time, but until a Republican ar- Senate and moving toward completion opment of the Outer Continental Shelf rives, I will briefly say for 1 minute of the only portion of the appropria- and of American oil shale will mean that I am very pleased the Consumer tions process under its direct control. billions of dollars in royalties, rents, Product Safety Improvement Act of So I give Chairman BYRD credit for and bonuses that will be paid to States 2008 is going to be coming through the getting the committee as far as he did, and the U.S. Treasury—money that Senate. We saw over 28 million toys re- given the dim prospects for floor ac- otherwise would be paid to foreign gov- called in 2007. The Consumer Product tion. The Senate deserves to at least ernments, many of which have policies Safety Commission is a shadow of its see the committee bills before making that are in opposition to U.S. interests. former self. This legislation is long a judgment about whether it will allo- Responsible development of new overdue. It was a bipartisan effort. cate time to consider them. areas of the Outer Continental Shelf Many of us worked on this very hard, Unfortunately, progress in the com- and of American oil shale would not including the Presiding Officer. I am mittee came to an abrupt halt last solve our energy problems overnight, pleased we are able to get an agree- week. The chairman announced the but no one is claiming it will. But if we ment on what the Wall Street Journal committee would not meet to consider take action now, perhaps we can avoid has called the most significant con- the remaining fiscal year 2009 bills and a debate 10 years from now in which we sumer product legislation in 16 years. would not meet to consider a second try to adopt quick fixes or overcome It is particularly important to my supplemental. At the time, the reasons our failure to even vote on these mat- State where we had a 4-year-old boy die given for the cancellation were not ters today. when swallowing a lead charm. It was clear. It was clear, however—and has When last week’s markup was can- the 99-percent lead, made in China. It been explicitly admitted since—that celed, all of the Republican members of should never have been in his hands. further markups were canceled because the committee signed a letter to Chair- The lead in that charm went into his the majority did not wish to discuss, man BYRD to express our disappoint- bloodstream over a period of time, in debate or vote on amendments relating ment and asked that he reconsider. I fact over a period of days. I was very to domestic energy production. ask unanimous consent that a copy of proud that our staff, Kate Nilan and It is virtually unprecedented in our that letter be printed in the RECORD. Tamara Fucile, was able to work on committee to cancel a markup to avoid There being no objection, the mate- that provision and work with the com- a vote. The amendments that likely rial was ordered to be printed in the mittee. That is now the first provision would have been offered in the com- RECORD, as follows: in the bill. mittee are completely germane to the U.S. SENATE, I thank the conference committee, appropriations process. The appropria- COMMITTEE ON APPROPRIATIONS. under the leadership of Senators tions bills in place for fiscal year 2008 Washington, DC, July 22, 2008. INOUYE and PRYOR, and all the con- contain at least two provisions that Hon. SENATOR ROBERT C. BYRD, ferees who worked on this in the House prohibit the use of funds for certain Chairman, Committee on Appropriations, U.S. and Senate. purposes and thereby inhibit the devel- Senate. CHAIRMAN BYRD: We are profoundly dis- I yield the floor. opment of American energy resources. appointed by the cancellation of this week’s The PRESIDING OFFICER. The Sen- One of those provisions is a morato- scheduled markup of the Fiscal Year 2009 In- ator from Mississippi. rium on further development of oil and terior and Legislative Branch appropriations APPROPRIATIONS LEGISLATION gas on the Outer Continental Shelf. bills, and the second supplemental appro- Mr. COCHRAN. Mr. President, 2 The other prohibits the issuance of reg- priations bill for Fiscal Year 2008. It is read- weeks ago today, the Committee on ulations that would govern the devel- ily apparent that the markup was canceled Appropriations marked up three fiscal opment of our extensive domestic oil entirely due to the majority’s unwillingness to consider and vote on amendments relating year 2009 appropriations bills. Those shale resources. Both of these matters to domestic energy production. bills would provide funding for pro- would have been directly relevant to a The enactment of appropriations bills in grams ranging from agricultural re- fiscal year 2008 supplemental. It is also recent years has often involved departures

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7844 CONGRESSIONAL RECORD — SENATE July 31, 2008 from the regular order. Our Committee, how- tant in my State of Mississippi in our The PRESIDING OFFICER. The Sen- ever, has a proud tradition of successfully ongoing efforts to recover from Hurri- ator from Utah. conducting that part of the appropriations cane Katrina. He included a number of ENERGY process that is under our direct control, i.e. other items in response to requests by the timely consideration and markup of ap- Mr. BENNETT. Mr. President, we are propriations bills. You have been steadfast other members on both sides of the about to adjourn for the August recess this year in insisting that the Committee aisle. without having passed a single piece of continue in this fashion, for which we ap- While there will justifiably be con- legislation addressing the energy crisis plaud you. We are therefore surprised at to- cern about the total cost of this pro- or the most important issue, which is day’s turn of events. posal and some of its component parts, Energy prices are an issue of singular im- the concern over rising gasoline prices. in my view, it is a measure worthy of I attended the Fourth of July parade portance to people across the country. The consideration in the Appropriations American people are looking to their elected in my home State. In Utah, there is Committee. also a 24th of July parade celebrating representatives in Congress to offer bold new But a press release is not a markup. policies that will help reduce our dependence the anniversary of the time when the It is not a draft of a committee bill. No on foreign oil by developing more domestic first Pioneer settlers came into the Senator can amend a press release. No energy resources, and by reducing the valley. In both parades, I had things Senator can see the legislative lan- amount of energy we consume. We must act shouted at me. Politicians have that on all fronts. The solution to our current guage that would implement the spend- experience. Usually, we hope the things problems will not come from any single pol- ing described in the release, and no that are shouted at us are complimen- icy, or from any single committee. The Com- Senator can know what provisions tary. In this case, the things I had mittee on Appropriations, however, has an might be included in the bill but not shouted at me in the parades were: important role to play. mentioned in the press release. The Fiscal Year 2008 Interior, Environ- ‘‘Why aren’t you drilling? Why aren’t ment, and Related Agencies Appropriations I am the ranking member of the com- mittee, and I do not know these things. you producing more American oil? Act contained provisions that prohibit the Drill now.’’ I said: We are discussing it. production of oil and gas from large portions If I thought we would return in Sep- We are trying to do that. We are trying of the Outer Continental Shelf, and that pro- tember and hold a markup of the bill, hibit the issuance of regulations that are giving the Senate time to debate it to get something done. necessary for the responsible development of fully, perhaps I would be less con- If there were a parade scheduled now, America’s vast oil shale resources in the cerned. But we know time is short once I would have to go back and say: The Rocky Mountain west. It is likely that the we return. Based on what we have wit- Senate would not let us vote on any of chairman’s mark of the Fiscal Year 2009 In- the proposals to increase the supply of terior bill would have contained one or both nessed on the floor in recent months, I have little confidence Senators will be American oil. There are proposals com- of these provisions. As such, it would have ing in the form of letters from Sen- been timely and entirely appropriate for the allowed freely to offer amendments to Committee to meet to consider the merits of the supplemental if it is taken straight ators to the President of the United continuing these provisions in Fiscal Year to the floor. States saying: Will you please go to 2009, and to consider whether the provisions I wish to reiterate that Chairman Saudi Arabia and beg them to produce should be modified or repealed in Fiscal Year BYRD has done an admirable job of try- some more oil? There are suggestions 2008. Members of the Committee might well ing to uphold the committee’s respon- that somehow we should sue Saudi have other energy-related amendments that sibilities and prerogatives in the face Arabia or members of OPEC to get they wish to be considered. them to produce more oil. But we are We urge you to reconsider your decision so of these circumstances. We both share that the Committee can meet its responsi- the view that our committee has an not even allowed the opportunity to bility to consider all of the appropriations important and fundamental responsi- vote on proposals to produce more oil bills, and also do its part to help address the bility to write and put forth bills that in the United States. energy challenges that face our country. support the basic operations of our Na- A lot of my constituents are not Sincerely, tion’s Government. As a Congress, aware that at one point, not too dis- Ted Stevens; Thad Cochran; Arlen Spec- however, we are getting into some very tant in the past, America produced ter; Pete V. Domenici; Mitch McCon- bad habits as it pertains to consider- more oil than any other country in the nell; Judd Gregg; Robert F. Bennett; world and controlled the pricing power Richard C. Shelby; Larry E. Craig; ation of these bills. Christopher S. Bond; Kay Bailey We are completely abandoning ef- over oil. We could affect the world Hutchison; Sam Brownback; Wayne Al- forts to move the regular appropria- price by opening more wells in east lard; Lamar Alexander. tions bills across the House and Senate Texas. But in the 1970s, that pricing Mr. COCHRAN. It is now obvious we floors, something which has nothing to power left our shores and was trans- will go out of session having not fin- do with filibusters. Nobody filibustered ferred from the Texas Railroad Com- ished our work as a committee, having the fiscal year 2008 bills that were mission to the Saudi royal family. Now not met to consider appropriations brought to the Senate floor. When we we are in the posture of begging the bills that deal directly with the most do manage to pass appropriations Saudi royal family to produce more oil pressing issues facing American fami- measures, the differences are resolved when we have the capacity to bring lies today. not by an open meeting of a conference that pricing power back to the United When we return in September, it is committee but, usually, in closed-door States by producing more here. highly unlikely the committee will act negotiations, followed by an exchange I wish to talk specifically about oil on the remaining fiscal year 2009 bills of messages between the House and shale because I understand there has or the second supplemental. Both the Senate. Now, apparently, we are start- been an exchange on the floor about oil majority leader and the Speaker have ing to cancel committee markups shale earlier, with the junior Senator indicated we will consider a second based on an unwillingness to take from Colorado saying we are not ready, supplemental bill in September, but it votes on difficult issues. They may be the technology is not finished, and, is hard to imagine there will be enough entirely germane. therefore, we should maintain the con- time to act on that measure in com- So I regret these trends for the sake gressionally ordered moratorium on mittee. That is a shame. of our committee that is struggling to the Department of the Interior from Yesterday, Chairman BYRD issued a maintain its tradition of bipartisan co- promulgating the rules under which press release outlining what would operation and action. I regret it for the leases could be granted on public land. have been in the chairman’s mark of sake of millions of Americans who will Now, let’s look at that argument for the supplemental had the committee simply not know why the Senate can- a minute. met to consider it. He outlined a bill not manage to take votes and process The Department of the Interior has that would appropriate some $24 billion its legislation and its appropriations released draft rules. We know what to respond to natural disasters, to im- bills in a straightforward and open they want to do. They have been pre- prove American infrastructure, and for manner. I regret the way we are letting pared to do this, and are prepared to do other purposes. things slide now into an unusual proce- it today. They cannot turn those draft The chairman included a number of dure that does not reflect credit on the rules into firm rules as long as the items I had requested that are impor- Senate. Democrat moratorium is in place. So

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7845 when we wanted to lift that morato- HIGHER EDUCATION OPPORTUNITY portunity Act of 2008. This legislation builds rium—we tried to in the Appropria- ACT—CONFERENCE REPORT on key measures we’ve approved this Con- gress to increase college aid and make loans tions Committee—we were denied on a The PRESIDING OFFICER. Under straight party-line vote. The Repub- more available for students. This bill goes the previous order, the Senate will pro- even further to assure that a college edu- lican leader tried to lift that morato- ceed to the conference report on H.R. cation is affordable and accessible to our rium here. We were denied in a unani- 4137, which the clerk will report. citizens. mous consent request. The legislative clerk read as follows: This legislation comes at a time when stu- So let’s ask ourselves: What are dents and families need more help then ever The committee of conference on the dis- to deal with the rising cost of college. Aver- those rules? The best analogy to help agreeing votes of the two Houses on the age costs at public colleges are more than people understand what those rules are amendment of the Senate to the bill (H.R. $13,000 today, and $32,000 at private colleges. is to talk about a fishing license. If you 4137), to amend and extend the Higher Edu- Each year 780,000 qualified students don’t at- want to catch fish, you have to get a cation Act of 1965, and for other purposes, tend a four-year college because they can’t having met, have agreed that the House re- fishing license. You go in and you pay afford it. cede from its disagreement to the amend- for it and it is for a specified period of Our bill takes major steps to expand col- ment of the Senate and agree to the same time. Now, there is no guarantee the lege access and affordability. It holds col- with an amendment, and the Senate agree to fish will respond to your efforts to leges accountable for rising costs requiring the same, signed by a majority of the con- the top five percent of colleges with the catch them. There is only an oppor- ferees on the part of both Houses. tunity to go forward with it. greatest cost increases to submit detailed re- Mr. President, I ask unanimous con- The PRESIDING OFFICER. The Sen- ports to the Secretary of Education on why sent that I be allowed 2 additional min- ate will proceed to the consideration of their costs have risen, and what they will do the conference report. to hold costs down. It simplifies the complex utes. student aid application process by replacing The PRESIDING OFFICER. Is there (The conference report is printed in the proceedings of the House in the the seven-page Free Application for Federal objection? Student Aid with a two-page ‘‘EZ–FAFSA.’’ Without objection, it is so ordered. RECORD of , 2008.) It also expands aid for our neediest students Mr. BENNETT. All we are talking The PRESIDING OFFICER. Under by enabling them to receive Pell Grants about, with respect to the rules of the the previous order, there will be 130 year-round for the first time. Department of the Interior, is let’s give minutes of debate: 50 minutes under The legislation also responds to the ethical companies a fishing license. If the the control of the Senator from Mary- scandals in the student loan industry, which technology is not ready, the companies land, 30 minutes each under the control the Committee documented in investigations of Senator ENZI of Wyoming and Sen- last year. It bans lenders from offering gifts will know that. They will find that out to college officials, and requires college to ator ALEXANDER of Tennessee, and 20 very rapidly. If the technology doesn’t adopt strict codes of conduct on student work, the marketplace will prove that minutes under the control of Senator loans. it doesn’t work, and companies won’t COBURN of Oklahoma. I’m particularly proud of provisions that invest in it. The Senator from Maryland is recog- help students with disabilities and veterans. This is not a government subsidy for nized. It enables students with intellectual dis- oil shale. This is not even a govern- Ms. MIKULSKI. Thank you very abilities who attend postsecondary transi- ment support of oil shale. This is sim- much, Mr. President. tion programs to receive Pell Grants for the first time, and provides support for colleges ply a fishing license to say: Go see if It is a great honor for me to be able to bring to the floor of the Senate the to expand these programs. you can find some fish or, in this case, The bill helps service members by enabling go see if you can find some oil. If you higher education conference report for them to defer payments on their student can, and you can produce it at an eco- the Health, Education, and Labor Com- loans—interest-free—while they’re on active nomically acceptable price and in an mittee. I bring this bill to the Senate duty. It also allows service members and environmentally friendly manner, then on behalf of Senator KENNEDY. their families to receive in-state tuition go ahead. What I wish colleagues to know is rates for college when they move to a new But in this body we are saying: No, that this bill is truly a bipartisan state, and enables them to re-enroll in col- agreement. It was led by Senator KEN- lege without delay when their service is com- we won’t even let you look for it. We plete. won’t even let you move forward to try NEDY and Senator ENZI, the ranking This bill creates a lasting legacy for stu- to find out if it will work. member, our colleague from Wyoming, dents and families, and it wouldn’t have been The Senator from Colorado said: We who worked tirelessly. This bill has possible without the bipartisan cooperation are not ready. I would say to him: We been a work in progress for more than of the members of the HELP Committee and are in Utah. We have a program going 5 years. the House Committee on Education and forward in Utah on State land that Early this summer, as Senator KEN- Labor. I commend our Ranking Member, shows every indication of producing oil NEDY advanced this bill, we are all Senator Enzi, and Chairman Miller and by the end of this year. The reason aware that he received some pretty Ranking Member McKeon in the House for their strong support. I’m especially grateful they can’t produce large amounts of oil surprising news. As he went into his to my friend, Senator Mikulski, for her im- is that we don’t have enough State own treatment regime, he called me pressive work in resolving some of the most land to produce on a larger scale. If and asked me to take over the con- difficult issues in this bill. you are going to produce large quan- ference report. I viewed it as an honor, We can be proud that with passage of the tities, you have to allow development I viewed it as a privilege, and I view it Higher Education Opportunity Act, we’re on public lands, but there is a morato- as an honor and privilege today. meeting our responsibility to help all our rium in place that says: We won’t even Before I go into describing the bill citizens obtain a higher education. By im- and presenting it, I again wish to proving their lives, we also strengthen our let you look at these lands. nation and our future. I urge all my col- The easiest thing we could have done thank Senator ENZI for his work with leagues to support this needed legislation. this week in Congress would have been Senator KENNEDY and his collegial and I ask unanimous consent that a to lift the moratorium. The least we civil attitude in working with me to longer statement by Senator KENNEDY could have done would have been to let move this bill. be printed in the RECORD. the Department of the Interior imple- As I get ready to present this to the There being no objection, the mate- ment the rules and give companies an Senate, however, I have a letter from rial was ordered to be printed in the opportunity to look at the Federal Senator KENNEDY. I have been in touch RECORD, as follows: lands to see if they want to get a fish- with Senator KENNEDY on a regular ing license to catch some fish or, in basis, receiving his advice, his guid- SENATOR EDWARD M. KENNEDY, HIGHER this case, oil. That is all we are asking ance, his caution, and his jocular wit. I EDUCATION OPPORTUNITY ACT OF 2008 for, but it has been objected to repeat- know he is watching us as we begin From our earliest days as a nation, edu- this debate today. This is a short state- cation has been the mainstay of our democ- edly and repeatedly. racy and the engine of the American dream. If I march in a parade again, I am ment he asked me to read to his col- Our Founders knew that an educated citi- going to have a hard time explaining to leagues: zenry would strengthen the nation and build anybody why the Senate won’t allow us I’m pleased to express my strong support the values and character that make us to do that. for final passage of the Higher Education Op- Americans. They believed in the power of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7846 CONGRESSIONAL RECORD — SENATE July 31, 2008 education and its ability to create an even time, to make detailed information about heart deals with colleges, offering gifts to greater America over the horizon. college costs available to students and fami- college and university employees in order to In our own day and generation, we’ve seen lies on its website. It also requires the De- obtain their students’ loan business. an excellent example of the fulfillment of partment to highlight, on national lists, Lenders who participate in the federal stu- the promise of that new horizon, after Con- those colleges that are doing a good job of dent loan program have offered ‘‘educational gress passed the GI Bill of Rights in 1944, keeping their costs down, and those that are conferences’’ at luxury hotels and offer free which enabled service members returning not. entertainment and free tickets to sporting from World War II to receive a college edu- By providing greater transparency and en- events to college officials in order to entice cation. Hundreds of thousands did so, and abling students and families to compare the those officials to recommend the lenders to they went on to become the Greatest Gen- costs of various colleges more easily, we their students. The Higher Education Oppor- eration. The GI bill produced 67,000 doctors, hope to promote an environment where col- tunity Act makes these practices illegal, and 91,000 scientists, 238,000 teachers, and 450,000 leges think carefully before they raise their protects students by ensuring that when a engineers. It funded the education of three prices. But our bill requires even more. If, college recommends a lender, it’s based on Presidents, three Supreme Court Justices over three years, a college raises its prices so the best interest of students and nothing and many Senators who served in this very much that it ranks among the top five per- else. chamber. cent of institutions of its type with the high- The bill also creates a new process with re- Over the course of the past year, we’ve re- est cost increases, we require the college to spect to private educational loans—which vitalized that vision once again with the pas- submit a comprehensive report to the Sec- now account for a quarter of all borrowing sage of two important higher education bills. retary of Education, detailing the steps the for college—to make sure that students When Congress passed the College Cost Re- college will take to bring its costs back know what low-cost Federal aid they’re eli- duction and Access Act last fall, we renewed under control. gible for, and how much more they really our commitment to the idea that no quali- We’re also taking overdue action to rein in need to borrow to cover the cost of college fied student should be denied the oppor- the high cost of college textbooks. According attendance with a private loan. tunity to go to college because of the cost. It to the U.S. Public Interest Research Group, The Higher Education Opportunity Act included the largest increase in student aid the average college student spends about $900 also enhances grant aid for the neediest stu- since the GI Bill—more than $20 billion. We a year on textbooks. Since 1994, textbook dents, adding to the dramatic increase in also increased the maximum Pell Grant—the prices have risen at four times the rate of in- student aid Congress approved in last year’s student bill. For the first time, we allow stu- lifeline to college for low-income students— flation, and they continue to increase. Often, dents eligible for Pell Grants to receive from $4310 to $5400 over the next five years. students are forced to waste money buying In addition, the Act provided new relief for textbooks because they can only be pur- those grants year-round, so they can accel- students struggling under the weight of their chased in ‘‘bundles’’ with workbooks and erate their courses of study. But ensuring access to adequate grants and student loans, by allowing loan repayments other materials that their professors don’t loans is only one component of solving the to be capped at 15 percent of monthly discre- use. college access crisis. We must also ensure tionary income. We also included new incen- Our bill will reverse this trend by requiring that more students are graduating from high tives for students to enter key professions textbook publishers to ‘‘unbundle’’ text- school ready for college. In 2001, colleges re- books and supplementary materials, so stu- such as teaching, law enforcement, and so- quired one-third of all freshmen to take re- dents can buy only the materials they really cial work, by providing loan forgiveness to medial courses in reading, writing, or math. those who commit to public service jobs for need. It will also give faculty members bet- Because so many high school students are 10 years. ter information about textbook costs, by re- not learning the basic skills to succeed in This past spring, we passed a second bill to quiring publishers to provide more detailed college or work, the nation loses more than underscore our commitment. When the crisis pricing information. And it will require col- $3.7 billion a year. This figure includes $1.4 in the credit markets appeared to be threat- leges to include information about required billion to provide remedial education to stu- ening the ability of students and families to textbooks in their course catalogs and on dents who have recently completed high obtain loans for this school year, we ap- their websites, so that students can shop for school, and $2.3 billion that the economy proved emergency legislation—the Ensuring the best prices. loses because remedial reading students are Continued Access to Student Loans Act—to In addition to holding the cost of college more likely to drop out of college without a make sure that loan funds will be available down, we’re doing more to ensure that stu- degree, thereby reducing their earning po- this fall. dents receive all the aid they’re entitled to tential. That bill increased the amount of feder- by reforming the application process for fed- To address this problem, our bill includes ally-subsidized loans for college students, in eral student aid. Today, the process is need- provisions to maintain the strength of the order to reduce their reliance on higher cost lessly complex. The Free Application for TRIO and GEAR UP programs, which provide private loans. We gave parents greater access Federal Student Aid (FAFSA)—the basic underprivileged students with the support to low-cost federal PLUS loans, to provide form that all students must complete to de- they need to go to prepare for and graduate an alternative to private loans and home eq- termine their eligibility for federal aid—is from college. uity lines of credit. We also gave the Sec- currently seven pages long. That’s longer We also strengthen efforts to help students retary of Education new tools to ensure that than the standard federal income tax form. with disabilities enter and succeed in col- lenders have the funds they need to make Such complexity has unfortunate con- lege. For the first time, the bill allows stu- loans to students. sequences for students. Each year, an esti- dents with intellectual disabilities to receive The bill before us today—the Higher Edu- mated 1.5 million students eligible for Pell Pell Grants and Federal Work-Study funds cation Opportunity Act of 2008—takes even Grants don’t receive them, either because to participate in transition programs at in- more steps to ensure that a college edu- they aren’t aware of federal aid or because stitutions of higher education. cation is affordable and accessible to our they find the process too complicated to We create new grant programs to help col- citizens. navigate. It’s time to make the process sim- leges offer even more of these transition pro- A college education has never been more pler. grams, and make course materials more ac- important than it is now. Today, 60 percent The Higher Education Opportunity Act cessible for students with print disabilities. of new jobs require some post-secondary edu- will replace the 7-page FAFSA with a 2–page We establish a new center at the Department cation, compared to just 15 percent half a ‘‘EZFAFSA’’ for low-income students. With- of Education devoted to helping students century ago. Yet the United States ranks in five years, the longer FAFSA will be with disabilities and their families get the only 14th in the college graduation rates of phased out for all applicants. The bill also help and assistance they need to prepare for all industrialized nations. includes pilot programs to simplify the fed- college and go to college. At the same time, college has never been eral aid applications even further. To help These provisions to help students with dis- more difficult to afford. The cost of college more of our neediest students understand abilities will be one of the lasting legacies of has more than tripled over the last twenty that college aid is available for them, a pilot this legislation, and I’m proud we’ve been years. Today, average tuition, fees and room program will give low-income students a fed- able to do so much. and board at public colleges is more than eral aid determination in their junior year of I’m also proud of the steps we take in this $13,000, and it’s more than $32,000 at private high school, rather than their senior year. bill to help service men and women pursue a colleges. We also encourage the Secretary of Edu- higher education. They risk their lives for us Each year an estimated 780,000 talented, cation to work with the IRS to share income every day, and they deserve whatever we can qualified students don’t attend a four-year tax data, so the federal aid form can include give them to help them build a brighter fu- college because they can’t afford it. the data needed to determine a student’s eli- ture. Our bill provides a number of new bene- In last year’s student aid bill, we made a gibility for college aid. fits for servicemembers, including provisions commitment to American students and fami- In addition, to ensure that this aid is di- to allow them to defer payments on their lies to invest billions more in student aid— rected to students, we must keep them in- student loans—interest-free—while they’re especially for those who need help the most. formed about their choices and hold colleges on active duty, provisions to help Now, with the Higher Education Opportunity and lenders accountable for giving students servicemembers re-enroll in college without Act, we’re asking colleges to do their part to the best loan deal possible. delay, and a new online clearinghouse for keep costs under control. Our bill requires Investigations by our Committee found servicemembers to learn about college bene- the Department of Education, for the first that many lenders are entering into sweet- fits available to them.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7847 Our bill also takes other much-needed safety and emergency response systems with our progress in education. Our requirements steps to ensure that all citizens are able to the latest technology, and requires them to for world leadership, our hopes for economic enjoy the benefits of higher education. As we have specific procedures to deal with serious growth, and the demands of citizenship itself know, discrimination has long limited the situations on campus, including informing in an era such as this all require the max- opportunities of minorities and women in students immediately when such situations imum development of every young Ameri- higher education. As a result, these groups erupt. These steps are essential parts of the can’s capacity. The human mind is our fun- are still under-represented today among responsibility of colleges and universities in damental resource.’’ graduates of institutions of higher learning, protecting the students entrusted to their President Kennedy was speaking then and among professors, attorneys, and other care and we can help them do better. about the aspirations that gave life to the professionals. This bill is the product of many months of original Higher Education Act of 1965. His Decades of reports and studies document hard work, and it couldn’t have completed words rang true then, and they still ring true the under-representation of women and mi- without the bipartisan cooperation of every today. We can all be proud that with passage norities in higher education. In 2006, a re- member of the HELP Committee and the of the Higher Education Opportunity Act, port, Faculty Gender Equity Indicators by House Committee on Education and Labor. I we’re recognizing our responsibility to help the American Association of University Pro- commend our Ranking Member, Senator all our citizens obtain a higher education, fessors found that women are significantly Enzi, for his strong support for moving this not only to improve their own lives, but also under-represented among university fac- bill forward, and Chairman Miller and Rank- to strengthen our nation and our future. I ulty—they make up just 39 percent of full- ing Member McKeon in the House for their commend all my colleagues and their staff time faculty at institutions of higher edu- enormous contributions to this legislation. members on both sides of the aisle for com- cation, and just 34 percent of such faculty at I’m especially grateful to my friend, Sen- ing together to make passage of this vital doctoral institutions. The Department of ator Mikulski, for going above and beyond legislation possible. Education’s most recent Digest of Education the call of duty to help resolve some of the Ms. MIKULSKI. Mr. President, I wish Statistics indicates that women continue to most difficult issues in this bill over the past to add to this. I won’t repeat what Sen- be underrepresented among those obtaining several months. I also commend Senator Dodd and Senator ator KENNEDY reminds us are the good professional degrees, such as in law and busi- things in this bill. ness. Shelby for the assistance the Banking Com- As the National Center for Education Sta- mittee has provided on the private loan pro- In addition to our empowerment op- tistics states in its Enrollment in Postsec- visions in the bill, and all the Members of portunity, which was expanding Pell ondary Institutions, Fall 2006 report, minor- both committees for their individual con- grants from $4,800 to $6,000, we are also ity students are underrepresented at every tributions. making sure Pell grants are available level of higher education, with numbers We owe an immense debt of gratitude as all year long, not just during the aca- well to the many staff members on both dwindling further in graduate and profes- demic year, as well as getting rid of the sional education. Likewise, law school en- sides of the aisle who have dedicated hun- dreds of hours to working on this legislation. cronyism in private lending where rollment surveys by the American Bar Asso- there were kickbacks going on between ciation show that minorities are underrep- I’m grateful for the efforts of Dvora Lovinger resented among students at those institu- and Robin Juliano on Senator Mikulski’s lenders and those at colleges who were staff, and Ilyse Shuman, Greg Dean, Beth tions, and among law school tenured faculty offering it. Buehlmann, Ann Clough, Adam Briddell, and deans. This legislation takes needed In addition to that, one of the things Lindsay Hunsicker, Aaron Bishop and Kelly steps to address this under-representation of I am very proud of is how we met two Hastings on Senator Enzi’s staff. major shortages in our country. Right women and minorities and to help make the From Chairman Miller’s office, I’m grate- goal of equal educational opportunity a re- ful for the efforts of Mark Zuckerman, Alex now, there are the issues related to the ality for all our citizens. Nock, Gabriella Gomez, Julie Radocchia, and nursing shortage. This bill recognizes The bill also provides new support for edu- Jeff Appel. From Ranking Member McKeon’s the fact that though there is a nursing cational institutions that serve minority office, I thank Sally Stroup and Amy Jones. shortage, there are now several thou- groups historically denied access to higher I also thank Mary Ellen McGuire and Jer- sand people who want to go to nursing education because of prejudice and discrimi- emy Sharp with Senator Dodd; Rob Barron nation. These institutions—many of which school but can’t get in because the with Senator Harkin; Michael Yudin and nursing schools either have no room, were founded in direct response to the re- Michele Mazzocco with Senator Bingaman; fusal by other colleges and universities to Kathryn Young with Senator Murray; Seth no labs, or no faculty. admit minority students—have long had an Gerson with Senator Reed; Mildred Otero, Working together, we have been able indispensable role in overcoming the legacy Latoya Johnson, and Chelsea Maughan with to pass in this bill a very significant of discrimination in education that has led Senator Clinton; Steve Robinson with Sen- empowerment opportunity that will ex- to under-representation of minorities in aca- ator Obama; Huck Gutman with Senator pand faculty and laboratory capacity demia and in legal and other professions. Sanders; Will Jawando with Senator Brown; so that we can crack the nursing short- These institutions help ensure a diverse Allison Dembeck with Senator Gregg; David age code by making sure all who want pool of qualified professionals in the nation’s Cleary and Sarah Riffling with Senator Alex- economy. They’re particularly important be- to go have the opportunity to go. By ander; Celia Sims with Senator Burr; Glee the way, there are 40,000 qualified ap- cause they provide postsecondary edu- Smith with Senator Isakson; Karen McCar- cational opportunities specifically tailored thy with Senator Murkowski; Juliann plicants who could not get into nursing to students—especially low-income stu- Andreen with Senator Hatch; Alison Anway programs. They were smart enough. dents—who have been denied access to ade- with Senator Roberts; Jon VanMeter with They were good enough. There was quately-funded elementary and secondary Senator Allard; and Elizabeth Floyd with even financial aid to help them, but schools, or have been educated in schools Senator Coburn. there just wasn’t room. But we are marked by racial and ethnic segregation. As As I mentioned, the Banking Committee making room for them. documented by studies and described in the provided special help during this process and Another issue that we were able to Committee reports, these institutions have a I thank Shawn Maher, Amy Friend, and deal with was promoting innovative proven track record of educating minority Roger Hollingsworth with Senator Dodd; and students. They graduate a disproportionate Jim Johnson with Senator Shelby. and effective teacher preparation pro- number of the nation’s minority doctors, As always, we’re grateful for the hard work grams. Our Nation faces a shortage of lawyers, teachers, and other professionals. of our Legislative Counsels, the Senate high-quality K–12 teachers, and new ap- They offer affordable, high quality college Budget Committee, and the Congressional proaches are needed to make sure that education and job training to tens of thou- Budget Office for helping us prepare this bill. every child has an effective teacher. In sands of students every year. I thank Mark Koster, Kristin Romero, Amy this legislation, we create a pipeline In addition to these measures, the legisla- Gaynor, and Laura Ayoud from the Senate for high-quality teachers to teach in tion includes several provisions to help col- Legislative Counsel’s office, Steve Cope and high-need schools by promoting part- leges and universities improve student and Molly Lothamer from the House Legislative campus safety. More than a year ago now, Counsel’s office, Debb Kalcevic and Justin nerships with teacher education pro- the nation was shocked by the worst shoot- Humphrey of the Congressional Budget Of- grams in higher need districts. We hold ing rampage in history—a shock made worse fice, and Robyn Hiestand with the Senate institutions of higher education ac- by the fact that it occurred at an institution Budget Committee. countable for the quality and progress of higher education. What happened at Vir- And from my own staff, I thank Michael of their teacher preparation programs ginia Tech was a wake-up call for Congress Myers, Carmel Martin, J.D. LaRock, Erin as well as encouraging them with sub- and the Nation—that tragedy can strike any- Renner, Missy Rohrbach, Emma Vadehra, stantial help to develop alternative where, including college campuses. Jennie Fay, Shawn Daugherty, Roberto The bill takes steps to apply some of the Rodriguez, David Johns, Michael Zawada, certification programs. lessons learned from that overwhelming and Jane Oates. The Presiding Officer would be inter- tragedy, and ensure that students are safer As President Kennedy said in 1961, ‘‘Our ested to know that on this 25th anni- in the future. It helps colleges upgrade their progress as a nation can be no swifter than versary of Sally Ride going into space,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7848 CONGRESSIONAL RECORD — SENATE July 31, 2008 neither Dr. Ride nor I could teach in a cation policies, and it sparked America eliminate the appearance of inappro- Baltimore high school. Dr. Ride has a to do what it does best, which is to rise priate arrangements. Ph.D. in astrophysics, two under- to the challenge with innovation and a As important as it is to increase the graduate degrees—one in physics and marked determination to be second to number of first-time college-going stu- one in Shakespeare. I have a master’s none. No longer could we rest on our dents, the fact is that nontraditional degree in sociology. I think I am quali- past triumphs as a nation. We met the students are the students of the future. fied to teach current events but challenge of Sputnik through the Na- With seven community colleges in Wy- couldn’t do it. That is OK. We should tional Defense Education Act. oming, I know the value of serving be qualified, but it would be darn hard Today, we are again being challenged adult learners who are returning to to get into an alternative certification but in a different way. college for additional education and program. Now, instead of a race for space, it is training. This agreement provides Pell I think there is a lot of talent coming a race for knowledge and skills that grants for year-round education. You out of our military, retired people who confronts us. It is a race we dare not can think of it as 9 months and 3 are looking for second careers—an ex- lose, for the stakes this time are even months off, but people who are in this perienced core. We need to give them higher. What is at risk is our strong position need to be able to go continu- an opportunity to come into our col- economy. The solution to this difficult ously until they get the certification lege classrooms, bringing knowledge, problem is to make a college education or degree they are working for. Again, expertise, and the kind of mentoring more accessible, more affordable, and this agreement provides Pell grants for that goes on. This is what is in this more accountable for more Americans. year-round education, so students can bill. It is not a laundry list of pro- It is more important than ever to make complete their programs more quickly. grams. It is about helping those young sure students and their families have One issue I have concerns with is the people who want to get into school, good information to use on making de- maintenance of effort provision. I am making sure we deal with some of the cisions about college. worried that it may serve as a dis- critical shortages facing our country, We find ourselves at a time when 200 incentive to States to reasonably allo- cate resources to higher education. I and at the same time having empower- of the 230 highest wage, highest paying, expect that we will find the provision ment opportunity where we help im- and in-demand jobs require some col- unworkable, and we will be back in the portant historic institutions, such as lege education. In this environment, it future to make technical changes to fix our Historically Black Colleges. is necessary for America’s students to I am going to speak about this bill in be able to access the tools and assist- it. We will leave that for another day. For students today, a higher edu- more detail, but for now I wish to yield ance they will need to complete their cation is no longer optional. Without a to Senator ENZI, who has been such an college education and acquire the lifetime of education, training, and re- able partner and who has a particular knowledge and skills that will enable training opportunities for everyone, we area of expertise, because of his ac- them to be successful in the 21st cen- will not meet the 21st century chal- counting background, in the fiscal re- tury economy. lenges. This historic piece of legisla- forms we did and a real passion for the Institutions of higher education and tion goes a long way toward meeting employers have expressed their dis- community college. our commitment to all Americans. Mr. ENZI. Mr. President, I rise to ex- satisfaction with the fact that our high This conference report is not a per- press my support for the conference school graduates need remediation in fect bill, but it is a good bill and an im- agreement of the Higher Education Op- order to do college-level work or to portant accomplishment because we portunity Act, which would reauthor- participate in the workforce. Each followed the 80/20 rule. We focused on ize the Higher Education Act. This con- year, taxpayers pay an estimated $1 the 80 percent of the issues we could ference agreement represents a major billion to $2 billion to provide remedial agree on, not the 20 percent we dis- victory for America’s students and education to students at our public agreed on. We also followed the regular families. I can’t say enough about the universities and community colleges. order to craft this bill. It went through tremendous role that Senator MIKULSKI The cost to employers is even greater. committee and was considered on the has played in getting this wrapped up. The legislation before us will take floor. The House did the same. Then we I often say, on bills it takes 90 percent historic steps to provide students with met with the House to draft a con- of the time to get the 90 percent done, the tools, the means, and the power to ference report. This process takes time, and the other 10 percent also takes 90 get a higher education. but the result is an important accom- percent of the time. I think she did a We can all appreciate the complexity plishment for America’s students and significant job of cutting that other 90 of the Federal student aid system. Fill- their families. What we are doing today percent to get the 10 percent done. ing out the Free Application for Fed- will make a great difference in the My only regret is that Senator KEN- eral Student Aid, or FAFSA, prevents lives of our children and our grand- NEDY isn’t here to share in this great many of our students from even consid- children for many years to come. moment. He has been working on this ering college. We have taken that from I thank all of the members of both with me for 3 years. We actually multipages down to three pages—inci- the Senate and the House committees, worked a little bit on it before that. dentally, that is both sides. One of the and in particular Senator KENNEDY for Without his able help on this bill and significant things is that it has kept working toward this goal for years and the superb help of his staff, who have people from even applying for financial keeping his commitment that we would continued to work on it, we wouldn’t aid, and without the financial aid, they get this done. Senator KENNEDY has be in this position today. I will be eter- cannot go to college. In 2004, an esti- long been a champion for education in nally grateful, though, that he asked mated 850,000 individuals who would our country. He shares my determina- Senator MIKULSKI to step in and help have been eligible for Pell did not file tion that the education we provide to out. She has been tireless and has done a FAFSA. Completing bureaucratic fi- students of all ages will be second to a phenomenal job. Without her leader- nancial-aid forms should not be a bar- none. That is a difficult challenge. ship, we also wouldn’t be here at this rier to thousands of students who need When he and I started on this challenge moment. financial aid to attend college. to reauthorize the Higher Education This is an important step, and it will This bill breaks down FAFSA to just Act 31⁄2 years ago, we knew there would have an impact on the lives of students those necessary questions to determine be many bumps along the way. I be- of all ages for years to come. It is much a student’s financial need. In addition, lieve we hit every single one of those like the launch just over 50 years ago Federal agencies will be required to ex- bumps, but he provided the kind of of the Sputnik satellite that sparked a amine and reduce the amount of infor- leadership in committee, in the Senate, great debate about our place in the mation needed to establish eligibility and in the Congress that made it pos- space race. The success of Sputnik sent for student aid. We also have included sible for us to reach this agreement shockwaves through the Nation. sunshine and transparency require- today. was getting the better of us techno- ments for institutions, lenders, and I also thank Senator MIKULSKI for logically, and we couldn’t allow that to guaranty agencies to restore con- the key role she played in assuring happen. It sparked a change in our edu- fidence in student loan programs and that we reached agreement on the bill.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7849 In addition, I acknowledge the tre- Also, with any piece of legislation cartoons and comics. He didn’t like mendous work of Chairman MILLER and that we draft, we should not forget the math. He looked exactly like Bob ex- Ranking Member MCKEON of the House legislative counsels in both bodies who cept with blond hair. He had Bob’s tem- Education and Labor Committee. worked tirelessly to put this 1,000 plus perament—he was such a positive There were a tremendous number of page agreement together—Steve Cope, young man. meetings between us to work in a very Molly Lothamer, Mark Koster, Kristin Gregory was always small for his age, positive way toward getting to this Romero, and Amy Gaynor—who all de- but he refused to let his stature get in point. serve to be recognized. the way of anything he wanted to do. As well, I thank Congressmen I look forward to getting the con- He was a fighter, and he fought val- HINOJOSA and KELLER of the sub- ference report to President Bush for his iantly for the last 3 weeks. In the end, committee. They helped to shepherd signature soon so that students and though, the odds were too great to this bill through the House so we could their families who are making plans to overcome, and Gregory died at the age take it up on the Senate floor. attend college this fall will have the of 16. There are many congressional staff benefits of this bill to help them. Mr. President, there are no words who worked on this conference report. I yield the floor and reserve the re- that can properly capture the pain the The breadth and importance of the mainder of our time. Simons must feel now, and no words we issues, not to mention the length of the The PRESIDING OFFICER. Who can say that can truly provide comfort. legislation, requires many people yields time? The best we can do is be sure that working on it to get it done. Ms. MIKULSKI. Mr. President, I those who are bereaved know that they I have always said that I have a staff yield time to the distinguished Senator have our love and our prayers, and so worthy of gold medals and my staff from New Mexico, a member of the we send both in great measure to the who worked on this bill have shown HELP Committee, who played a sig- Simon family. their gold medal status once again. I nificant role in crafting this bill as it Mr. President, I would like to speak must first acknowledge and thank Beth moved through our committee. briefly about the legislation that is be- Buehlmann, my education policy direc- Mr. ALEXANDER. Mr. President, I fore the Senate. tor. It is no exaggeration to state that wonder if I might ask, through the I urge my colleagues to adopt the Chair, the Senator from Maryland if I without Beth there would be no Higher conference report on this Higher Edu- might speak after the Senator from Education Act reauthorization bill cation Opportunity Act. The title to New Mexico. today. She truly was the force to start the legislation indicates that the bill is Ms. MIKULSKI. If I may say to the about providing greater opportunities the reauthorization 3 1⁄2 years ago. She Senator two things. One, I believe the for families to send their children to worked tirelessly to ensure that we agreement is that we have from—— drafted a bill to reflect the changing college and greater opportunities for The PRESIDING OFFICER. Under students to succeed in and graduate nature of our student bodies as well as the order, the Senator from Maryland to ensure that we, as a Nation, will from college. has 50 minutes and the Senator from I particularly thank Chairman KEN- maintain our status as having the best Wyoming has 30 minutes. The Senator NEDY and Senator ENZI for their education system in the world. Her from Tennessee has 30 minutes. untiring commitment and dedication team of Ann Clough, Adam Briddell, Mr. ALEXANDER. I thank the Chair. to the college students of this country. Kelly Hastings, and Lindsay Hunsicker Ms. MIKULSKI. Mr. President, our Of course, I thank Senator MIKULSKI as is comprised of remarkable individuals order of agreement was that after Sen- well for her leadership in getting this who brought their talents and knowl- ator ENZI spoke, we would take 10 min- legislation to the Senate floor for a edge to the forefront in this bill. I utes for Senator BINGAMAN and Senator vote this evening. would also like to thank my staff di- REED. If Senator REED is not here, we Only 1 year after passing the largest rector, Ilyse Schuman, and Greg Dean, can then see how we can accommodate student aid package in more than 50 Amy Shank, Randi Reid, John Hall- the Senator from Tennessee. The Sen- years, this body is poised to pass legis- mark, and Ron Hindle who also put in ator from Tennessee was to go after lation that will take the next step to many hours and added invaluable input the Senator from Rhode Island. make college more affordable and ac- into the bill as well as the overall proc- Mr. ALEXANDER. Thank you. I can cessible to students and their families. ess. wait until there is available time. There are many important provisions I would also like to thank members The PRESIDING OFFICER. The Sen- in the bill, but I will highlight just one of Senator KENNEDY’s staff for their ator from New Mexico is recognized. provision in particular. hard work—Michael Myers, Carmel GREGORY SIMON Native American enrollment in post- Martin, JD LaRock, Missy Rohrbach, Mr. BINGAMAN. Mr. President, I rise secondary education more than dou- Erin Renner, Roberto Rodriquez, and today to speak about the devastating bled between 1976 and 2002, with almost Emma Vadehra. loss that Bob Simon and the Simon 166,000 Native American students en- Additionally, I would like to thank family suffered today with the loss of rolled in higher education. Student en- all of the other HELP Committee staff their beloved son and brother Gregory. rollment in tribally controlled colleges for their hard work throughout this Bob has been the staff director of the and universities has increased in recent process, especially David Cleary and Energy and Natural Resources Com- years to almost 16,000 students in 2002. Sarah Rittling of Senator ALEXANDER’s mittee for nearly 10 years, and worked It is important to note the critical subcommittee staff. Also deserving with me in other capacities for a num- role tribally controlled colleges play in thanks are our Republican members’ ber of years before that. During that educating Native American students staff, including Allison Dembeck, Celia period, Bob has gone through and the unique educational oppor- Sims, Glee Smith, Karen McCarthy, harrowing times both personally and tunity these schools offer Native Amer- Juliann Andreen, Alison Anway, John professionally. He has always handled ican students. We need to continue to van Meter, and Elizabeth Floyd, as well these times with grace, strength, and do all we can to strengthen and support as their Democratic staff counterparts. his own personal brand of dry humor. those schools. But that means that ap- Also, I would like to thank Scott Raab Bob, his wife Karen, and their three proximately 150,000 Native American from Senator MCCONNELL’s office for other children—Stephen, Cathryn, and students are enrolled in higher edu- helping us work through some of the Anne-Marie—have spent countless cation in non-tribally controlled col- more difficult issues in the negotia- hours at Gregory’s bedside since Greg- leges. tions. ory fell ill on July 10, exactly 3 weeks We know, unfortunately, that Native Also deserving my gratitude is the ago, and throughout that time, they American students are still much less House staff including Mark have shown extraordinary courage. likely to enroll in college than their Zuckerman, Alex Nock, Gabriella Their devotion to Gregory reflects peers. Only 18 percent of Native Amer- Gomez, Julie Radocchia, and Jeff Appel their devotion to one another as a fam- ican students have enrolled in college, with Chairman MILLER’s staff and ily. as compared to 42 percent of other stu- Sally Stroup, James Bergeron, and Greg was a really inquisitive, artis- dents. We also know, however, that Na- Amy Jones with Mr. MCKEON’s staff. tic, creative individual. He always drew tive American students are less likely

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7850 CONGRESSIONAL RECORD — SENATE July 31, 2008 to persist once in college. And 77 per- I rise in strong support of the Higher brarians and for members of the Armed cent of Native Americans did not have Education Opportunity Act of 2008. It Forces. The Perkins program provides a postsecondary certificate or degree, will be an important way in which we need-based loan assistance for students as compared with 37 percent of others. fulfill our obligation to the American attending college. We are going to for- The Higher Education Opportunity people, and keep opportunity and hope give the debt on that loan assistance Act, the bill before us today, addresses alive throughout this country. Edu- for librarians and members of our the reality that the overwhelming ma- cation is truly the engine that pulls armed services. jority of Native American students are people forward. It allows individuals This is a wonderful act. I am pleased being educated in non-tribally con- and families to move up the economic and proud to support it and be a part of trolled colleges and universities and ladder, and not only for their own it. I once again thank Chairman KEN- that we need to do a better job to sup- progress, but also for the benefit of the NEDY, Senator ENZI, and Senator MI- port these students within these communities in which they live. KULSKI for their great work. schools. This legislation authorizes the This might be one of the most impor- I yield the floor. Native American-Serving Non-Tribal tant pieces of legislation we ever con- The PRESIDING OFFICER. The Sen- Institutions Program to enable such sidered on this floor. I am proud it has ator from Tennessee. colleges to improve and expand their been so well handled and so meaningful Mr. ALEXANDER. Mr. President, do capacity to serve these Native Amer- that today we are debating legislation I understand I have up to 30 minutes? ican and low-income individuals. which I believe will get overwhelming The PRESIDING OFFICER. The Sen- Right now, there are 43 colleges and support. I am particularly pleased it is ator is correct. universities that serve large Native being reauthorized at this time. We Mr. ALEXANDER. I thank the Chair. American student populations. In my have seen an economy in turmoil. One I ask unanimous consent that I may State, we have three such schools that of the realizations that is taking place bring demonstrative evidence on the serve large Native American student is that the housing sector of our econ- floor and use it during my remarks. populations. In fact, the student popu- omy is so central to everything we do. The PRESIDING OFFICER. Without lation at the University of New Mexico I can imagine, as we all can, that there objection, it is so ordered. at Gallup, NM, is close to 80 percent are literally hundreds of thousands of Mr. ALEXANDER. Mr. President, in Native American. families across America who are count- case anyone is wondering, these boxes, Native American students in New ing on the equity in their homes to which are nearly as tall as I am, are Mexico would not be the only students send their son or daughter to college. the rules and regulations that our 6,000 to benefit from this provision. Colleges That equity has been diminished, if it colleges and universities must comply and universities around the country has not disappeared altogether. with in order to receive students who would also qualify in other States, in- Today we are responding to that ur- have a Federal grant or loan. As I will cluding schools in Alaska, Wyoming, gent need by providing more assistance make clear in my remarks, my primary Colorado, North Carolina, and Utah. to families to send their children to objection to the legislation I am about Out of the 43 schools that could be eli- higher education. I am particularly to address is that the legislation dou- gible to benefit from the provisions in pleased the aspects of the legislation I bles the size of this stack of boxes. My this legislation, 24 of the schools are helped author are included in this final fear is we are undermining the quality located in the State of Oklahoma. version. I introduced legislation called of American higher education. The I am very pleased this provision has the FAFSA Act, which is the acronym greatest threat, I believe, to American garnered strong bipartisan support. It for the federal financial aid form, to higher education is not underfunding, is a part of this very important legisla- streamline the financial aid applica- it is overregulation. tion. tion process. There will now be a short Before I say that, let me first say a I am also pleased that the bill in- EZ–FAFSA form for low-income stu- word, as has been said before, about cludes funding for a long overdue grad- dents and families while also allowing Senator KENNEDY, Senator ENZI, and uate program for Hispanic-serving in- students to apply earlier so they have Senator MIKULSKI. While they have, stitutions. an idea of what their financial options among themselves, different philo- I thank the chairman and Senator are as they consider college. These pro- sophical views, I regard each of them ENZI for their strong support of these visions will make the sometimes as institutions whom I greatly admire. provisions. I urge my colleagues to sup- daunting task of getting financial aid, In other words, they like to work with- port the conference report. I hope, a little easier and a little more in this body across party lines to get a I yield the floor. efficient. The PRESIDING OFFICER (Mr. I am also pleased that aspects of my result. I thank both Senator ENZI and WHITEHOUSE). The Senator from Mary- legislation called the ACCESS Act Senator MIKULSKI for the courtesy ac- land. have been included. This legislation corded me in the development of this Ms. MIKULSKI. Mr. President, fol- deals primarily with the LEAP pro- result. And as every other Member of lowing our agreement and time alloca- gram. The LEAP program is a partner- this body does, I greatly admire Sen- tion, I yield 5 minutes to the Senator ship between States and the Federal ator KENNEDY for his tenacity and his from Rhode Island—the other Senator Government to provide grants to stu- commitment to education. Obviously, from Rhode Island, the senior Senator, dents who need the help—not loans, we wish he were here tonight to join Senator JACK REED, also a member of but grants. The States put in some re- us. the HELP Committee. He is a very per- sources; we match those resources. It is Because I admire Senator KENNEDY sistent person in engaging in the con- a way in which we can fulfill our com- and Senator MIKULSKI and Senator tent of this bill. mitment and our promise to many low- ENZI does not mean I have to admire The PRESIDING OFFICER. The sen- income families. This legislation builds the particular result of this work. ior Senator from Rhode Island is recog- on the LEAP program by providing After 4 years, the Senate has spewed nized. critical additional financial resources, forth a well-intentioned contraption of Mr. REED. Mr. President, I thank particularly resources and that will be unnecessary rules and regulations that Senator MIKULSKI for not only the time useful for helping middle- and low-in- waste time and money that ought to be to speak about this important measure come families attend college. spent on students and improving qual- but for her leadership. I particularly We are all concerned about another ity. It confirms my belief that the wish to recognize the extraordinary aspect of our educational system, and greatest threat to the quality of Amer- contribution of Senator KENNEDY who that is teacher quality. This legislation ican higher education is not under- has been the architect of this legisla- incorporates some other provisions funding, it is overregulation. tion and many previous reauthoriza- which I advanced that will help prepare Current Federal rules for the 6,000 tions. And I wish to give particular teachers for the reality of today’s higher education institutions that ac- thanks to Senator ENZI whose quiet, classroom. I am very pleased they are cept students with Federal grants or thoughtful, and determined approach included also. loans fill a stack of boxes that is near- made a contribution to this legislation. We also included in this legislation a ly as tall as I am. The former President I thank him for his hard work. Perkins student loan forgiveness for li- of Stanford, Gerhard Casper, estimated

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7851 that it cost these institutions from they have been doing for the last 50 succeed in getting to 50 cents, I had to Harvard to the Nashville Auto Diesel years. squeeze it and push it and try to con- College 7 cents of each federal dollar to We can compare the success of our trol it, and still it grew faster than ev- do all the busy work to fill out these higher education system with the lack erything else in the State budget. I was regulations. of success of our K through 12 system able to do that then because Medicaid The legislation which we are consid- and wonder whether the reason might and other health services were only ering tonight doubles those rules and not be that in higher education, we about 15 cents of the State tax dollar. regulations with 24 new categories and focus on autonomy, choice, and com- But by this decade, 2003 and 2004, the 100 new reporting requirements. These petition. number was 40 percent of the State tax new requirements include a total of 54 Generous research dollars in higher dollars in Tennessee went to education, so-called college watch lists which I be- education are for the most part com- not 50, and 31 cents went to Medicaid lieve will be too confusing for families petitively awarded, which also helps to and health services. I am confident to understand, and complicated rules keep the institutions on their toes. most of the cutting came out of higher involving textbooks which only will The rest of the world is busy trying education, which resulted in most of prove that Members of Congress have to emulate the American system of the tuition increases so the univer- no idea about how faculty members higher education, which means other sities could operate and pay their bills. prepare their courses. countries are creating more autonomy, I would respectfully suggest that we Most of these complications of rules, more choices, and more competition. in Congress need to start along two graduation rates in 48 different cat- Yet here we are in the Senate today completely different tracks if we want egories, disaggregation of student re- cluttering up our secret weapon with to retain the autonomy, competition, porting dates by 14 racial, ethnic, and the same bureaucratic nonsense that and choice that has led to quality and income subgroups, employment of has stifled excellence in universities in access to American higher education. graduates of institutions will leave col- other parts of the world and will do it First, we need to deregulate, not over- lege administrators scratching their here if these trends are not reversed. regulate higher education. Cut this heads and create thousands of new jobs There is a great deal of beating of stack of rules and regulations in half for people who know how to fill out breasts about how much good this bill and use the time and the money for forms. does to address the problem of college students and for academic excellence. Second, we need to stop loading All of this will be put on the Web, I costs. It is ironic that the same legisla- State budgets with so many unfunded suppose, and most of it will be sent to tion would add to tuition costs by im- Federal mandates. For example, if Con- Washington, DC, for someone to read. posing unnecessary regulations. And it gress were to fully fund IDEA, the pro- Having once been the Secretary of Edu- is especially ironic that the very Mem- gram for students with disabilities, at cation myself, I do not know who will bers of Congress who are complaining 40 percent of its cost, which is what read all these new regulations and all the most about rising tuition costs fail Congress said it would do in the 1970s, to see that at least for public institu- these new reports, and I don’t know that would add $250 million to Ten- tions, which about 70 percent of our what they would do about them if they nessee’s revenue stream. I am sure students attend, Members of Congress did read them. much of this would go straight to high- The American higher education sys- are the cause of the rising costs. This er education, whose annual budget is tem is far from perfect, but it is one is why it is true that State support for about $1.2 billion. thing in our country that works and it higher education has been low during More importantly, we need to give works well. It is our secret weapon in this decade. States more flexibility in dealing with maintaining our brain power advantage Between 2000 and 2006, State spending Medicaid costs and give them an oppor- so we can keep our higher standard of for higher education increased by only tunity to take steps to make it easier living and keep our jobs from going 17 percent, while tuition at public in- to free themselves from outdated Fed- overseas. stitutions during that time was up 63 eral Court consent decrees, which re- The United States not only has the percent. It is also true that the reason strict the ability of Governors and leg- best colleges and universities in the tuition costs are up is that State islators to direct money to higher edu- world, it has almost all of the best col- spending is down. cation priorities. Then, of course, there leges and universities in the world. But what Members of Congress seem is the REAL ID, another $4 billion in Some are big, some are small, some are to be missing is that the principal rea- unfunded mandates for the States, and public, some are private, some are prof- son State support of higher education out of which pot do you think the it, some are nonprofit. They are com- is down is because Congress has man- States might take that? Higher edu- munity colleges, historically Black dated that States pay so much for pro- cation would be my guess. Most Gov- colleges and church-affiliated institu- grams such as Medicaid or fail to meet ernors and legislators can point to tions. their commitments to programs like many more unfunded Federal man- Tuitions range from $50,000 a year at the Individuals with Disabilities Edu- dates. some private institutions to an average cation Act, IDEA. When the Governors These two steps are the best way to of $6,200 a year for 4-year public insti- and legislatures are through paying for drive down college costs and to main- tutions, to $2,400 for community col- the mandates for Medicaid or to make tain academic excellence. leges. In Tennessee, some cities are up the lack of the Federal Govern- There are major accomplishments in even making community college free. ment’s commitment to IDEA, there is this bill, some of which I have worked Their foremost advantage, the advan- very little left for higher education. on and of which I am proud. They in- tage of all these 6,000 institutions, is When Federal requirements for Med- clude simplifying the Federal student that in a rapidly changing world, these icaid dictate that State spending for aid form and allowing year-round Pell 6,000 autonomous institutions are flexi- Medicaid goes up 7 or 8 percent a year grants for students making progress ble and able to meet the needs of their when the overall State budget is only toward a degree. There is a new compli- student customers. going up 3 or 4 percent a year, the ance calendar, which the Secretary of Federal support for higher education money has to come from somewhere. Education will be required to develop, goes almost all to these students. It States have to balance their budgets, that will set forth all of the reports does not go to the institutions. A little and in State after State, the money and the disclosures required under the of it does, but almost all of it goes to has been coming from higher edu- Higher Education Act. I am proud to the students who then choose the cation. That was true in Tennessee say I suggested that. In other words, schools, forcing the institutions to during the 1980s, when I was the Gov- the new Secretary of Education will compete, stay flexible and meet real ernor, and it is even more true today. have to make a calendar listing every needs. That is the precisely opposite During the 1980s, my major goal was single report that has to be complied way we fund kindergarten through the to try to help us to spend at least 50 with, so the small Catholic college in 12th grade. We give the money to ele- percent of our State tax dollar on edu- Baltimore might not have to hire three mentary and secondary institutions, cation. My major adversary was Fed- more people in to go through this tending to freeze them into whatever eral Medicaid. While I ultimately did growing stack of requirements.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7852 CONGRESSIONAL RECORD — SENATE July 31, 2008 I authored the restrictions prohib- budget crisis. He is reacting to the very Finally, a letter from the President iting the Secretary of Education from idea that during the midst of that, of Emory University, James Wagner, regulating student learning standards when he is laying off employees and and the president of Georgia Tech, or requiring accreditors to adopt spe- making cuts in virtually every pro- Gary Schuster, to Senator ISAKSON, cific measures of learning assessment, gram, that we would take it upon our- making the same objections. which would have been additional fed- selves to say that if he doesn’t increase As I said at the beginning, I admire eralizing of our 6,000 autonomous insti- funding for higher education, we are my colleagues, I admire their 4 years of tutions. going to cut his Federal funding. All hard work, and I admire their commit- There is an accountability research when we ourselves are one of the rea- ment to a result. My hope would be we grant in this bill to focus attention on sons he is having a hard time funding could go on two different tracks from institutions making progress in meas- higher education, because of all our un- here. One would be to look for ways to uring student achievement and asking funded mandates. deregulate higher education, not add the advisory committee, which has al- The third letter I would like to in- regulations to it. Realize that in Amer- ready done such good work in simpli- clude is from the chancellor of Vander- ica, where we are worrying that this fying the student application form, to bilt University in Nashville, one of our might work or that might work, our review this stack of growing Federal most distinguished research univer- system of higher education, with all its regulations. I also sponsored the new sities and one of which I am proud to warts, is the best in the world. The rest be an alumnus. It is a well-modulated discretionary grant program for Teach of the world is trying to emulate it. Its letter, as you would expect from the for America. greatest threat, in terms of its quality, chancellor of Vanderbilt. The letter ar- All these actions in this bill are for is overregulation, not underfunding. gues very eloquently why the auton- the good, as is the increase in the That leads me to the second track we omy, competition, and choice that availability of Pell grants for students go on. I hope we will be careful as characterizes excellence in higher edu- who need help attending college. But I Members of Congress that if we have a cation is so important and so fragile cannot support a piece of legislation great idea for States, that we don’t and needs to be respected by us as we that so undermines the excellence in pass it and send them the bill. Because higher education that comes from in- pass higher education bills, rather than to use a blunderbuss and start stacking I know from having been Governor and stitutional autonomy. having been president of a university I would like to offer a few letters and boxes and boxes of regulations on insti- tutions such as Vanderbilt. and having been Secretary of Edu- statements, and I ask unanimous con- cation, and seeing it in different areas. sent they be printed in the RECORD fol- Why do we think we can do a better job in the Senate making Vanderbilt As a Governor making up a budget, it’s lowing my remarks. pretty well set that you start with K– The PRESIDING OFFICER. Without University a better university by com- 12. That is pretty well set. He then goes objection, it is so ordered. plying with all this stuff, when it takes to prisons, and that is probably in the (See exhibit 1.) money that might be used to educate Mr. ALEXANDER. Mr. President, the the students and improve academic ex- courts. Then he does mental health. first of these is a release today from cellence? They already have deans, vice That might be in the courts too. Then the National Governors Association, chancellors, provosts, chancellors, and he or she goes to highways, and that which points out that Governors are a board of trustees. If they are a public comes from the gas tax. Then they are responsible for making funding deci- institution, they have a Governor, they pretty well down to the choice between sions that serve the best interests of have a higher education commission. Medicaid and higher education. I can all citizens. The Governors, in their re- They have plenty of overseers. They do guarantee you that if we continue to lease, say: not need us. increase requirements for funding of Maintenance of effort undermines gov- Two other letters, one from the presi- higher education at the State level, at ernors’ authority and guarantees students dent of Duke University, office of the the rate of 7, 8 or 9 percent a year, and their families will be writing larger not president, Richard Brodhead, an equal- when State budgets are only going up 2 smaller tuition checks in the future. This is ly thoughtful letter about the Federal or 3 or 4 percent a year, we will signifi- not the answer to affordable higher edu- role in higher education. I might say cantly reduce the quality of our State cation. Governors oppose the higher edu- that North Carolina has done one of universities and colleges. We will sig- cation bill because of the negative impacts the best jobs of any State in account- nificantly increase the tuition costs of the maintenance of effort and implore ability for higher education. that we say in this bill we would like Congress to vote against it. No one is doubting we need account- to lower. We had a vote on stripping out the ability for the money the Federal Gov- EXHIBIT 1 maintenance-of-effort bill, but I lost ernment spends. As I mentioned ear- that by one vote in the conference NATIONAL GOVERNORS ASSOCIATION lier, the dollars we spend for research, STATEMENT ON HIGHER EDUCATION BILL committee. Basically, what it says is tens of millions a year, are made ac- that Members of the Senate and the GOVERNORS SAY INCLUSION OF MAINTENANCE OF countable by being competitively EFFORT WILL RAISE TUITION FOR STUDENTS House will substitute their judgment granted, for the most part. The dollars for that of Governors and State legisla- WASHINGTON.—The National Governors As- we spend for colleges and universities sociation released the following statement tors. My suggestion was that if we are don’t go to the colleges and univer- regarding the impending vote on the Higher going to pass a bill and take credit for sities, they go to the students, and the Education Reauthorization bill: requiring States to spend more money students choose the school. If they do ‘‘The nation’s governors are committed to on higher education, whether or not not like the school or the cost of the providing students in their states with af- they have other priorities, then we school, they may go to another school. fordable access to higher education and might as well also go back down to our Each of those schools has to be accred- agree that the reauthorization of the Higher State capitals and join in the pain and ited before the student can choose the Education bill is a priority. However, inclu- suggest to the Governors whom to lay sion of the Maintenance of Effort (MOE) pro- school. That has been a marvelous sys- vision in the bill has negative implications off or what school to close or what tem for helping to give autonomous in- for states; therefore governors oppose the mental hospital to limit or what tax to stitutions the freedom to be good, passage of the conference report with this raise because of our requirement about while at the same time allowing for ac- provision. higher education maintenance of ef- countability for the money we spend. ‘‘Governors must balance their budgets in fort. Finally, two letters that were writ- both good and bad economic times. This The second letter I would like to in- ten to Senator ISAKSON of Georgia. One mandate means that states will be unable to clude in the RECORD comes from the is from the president of the University make major increases or invest one-time commissioner of the Department of Fi- of Georgia, Mike Adams, who was surpluses in higher education during good nance and Administration in Nashville. times because they will be penalized if forced president of two other colleges before to reduce spending during difficult times. In Our Democratic Governor, Phil he was president of the University of the end, this will increase the cost of college Bredesen, who has done a great many Georgia. A distinguished educator. for students and their families. good things for higher education dur- Georgia, of course, is one of our distin- ‘‘Governors are responsible for making ing his 6 years, is in the midst of a guished public universities in America. funding decisions that serve the best interest

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7853 of all their citizens. MOE undermines gov- ing, and service to the community and soci- regulation of higher education institutions ernors’ authority and guarantees that stu- ety at large. Vanderbilt will uphold the high- threatens the core of what makes our system dents and their families will be writing larg- est standards and be a leader in the: quest successful—its autonomy and its diversity. er, not smaller, tuition checks in the future. for new knowledge through scholarship; dis- We also remain concerned about provisions This is not the answer to affordable higher semination of knowledge through teaching that could lead us along the path toward fed- education. Governors oppose the higher edu- and outreach; creative experimentation of eral price controls through the creation of cation bill because of the negative impacts ideas and concepts. innumerable ‘‘Watch Lists;’’ a mandatory of the maintenance of effort and implore In pursuit of these goals, Vanderbilt values Department of Education developed net price Congress to vote against it.’’ most highly: intellectual freedom that sup- calculator; mandatory ‘‘Quality and Effi- ports open inquiry; equality, compassion, ciency Task Forces;’’ projecting future tui- STATE OF TENNESSEE, and excellence in all endeavors. tion; and reporting on tuition based on in- DEPARTMENT OF FINANCE AND With this mission in mind, I have been come categories. Vanderbilt is committed to ADMINISTRATION, STATE CAPITOL, evaluating the conference agreement for the ensuring that every admitted student can af- Nashville, TN, July 29, 2008. Higher Education Act. While there are provi- ford to attend Vanderbilt, regardless of their financial situation and regardless of what Hon. LAMAR ALEXANDER, sions in this agreement that will support and , Via Email. enhance our mission, there are many other the ‘‘sticker price’’ is. We are very proud of DEAR SENATOR ALEXANDER, The State of provisions that deeply trouble me and, I the fact that we meet 100 percent of a stu- Tennessee shares your concerns with regard think, have the potential to profoundly dent’s demonstrated financial need. Finally, provisions related to textbook to the MOE mandate provided in the higher threaten our ability to be a ‘‘center for prices continue to concern us. Requirements education bill and appreciates your efforts in scholarly research, informed and creative that ISBN numbers for textbooks be dis- defending our state interests. These restric- teaching, and service to the community and closed in course catalogs are, frankly, un- tions on a state’s ability to manage its way society at large.’’ workable as many courses have not finalized through a fiscal downturn would be a ter- I believe you share my view that at the heart of the American system of higher edu- their textbooks at the time the catalog is rible mistake. printed. We recognize that textbook costs Under Governor Bredesen’s leadership, we cation are its autonomy and its great diver- have grown considerably and are committed have made public education a priority. We sity. What works for Vanderbilt may not work for Rhodes College, MTSU, Volunteer to finding ways to address this; federal re- know sufficient funding is critical to achiev- quirements and a ‘‘one-size-fits-all’’ ap- ing success in primary, secondary and higher State Community College, or any other school in Tennessee. I firmly believe that in- proach, again, fail to recognize the immense education. During the good economic times, diversity of our nation’s colleges and univer- we’ve increased funding for higher education creased federal intrusion into higher edu- cation would fundamentally and irreparably sities. operating costs and put over $1 billion into In short, other than the accreditation lan- damage our system of postsecondary edu- capital projects. guage, there is very little to support in this cation. For these reasons, I am saddened to However, when times are tough economi- final agreement. Ultimately, in my esti- conclude that Vanderbilt cannot whole- cally, we have to share the downside. When mation, this bill will do more harm than heartedly endorse this conference agree- budget cuts have been necessary, education good for the students it purports to serve. programs were always last to be considered. ment. However, before I enumerate the rea- Legislation that hampers an institution’s Unfortunately, Governor Bredesen has expe- sons for our reservations, I would be remiss ability to educate its students threatens our rienced two very tough budget fiscal years in did not acknowledge and applaud the Con- institutional mission. I am deeply troubled during his six years in office, FY 2003/2004 gress—and you in particular—for preserving that the conferees will agree to this woefully and FY 2008/2009. The severe problems re- institutional autonomy with respect to the misguided legislation, and I worry about how quired some base reductions in higher edu- accreditation process. As you know, this has it will be implemented and the ramifications cation’s operating budgets. In FY 2003–04 been our top priority throughout the reau- of that implementation. Therefore, I urge there was a 9 percent base reduction of thorization, and we are extremely pleased by you to think carefully about whether this is $101,327,200. In the current fiscal year, we the final outcome on this issue. Vanderbilt the direction we want to take postsecondary were facing a $464 million total shortfall, and strongly supports an institution’s ability to education and whether this legislation sup- again had to ask higher education to do its choose how it will demonstrate success with ports the fundamental nature of our system part. As a result, higher education received a respect to student achievement as well as of higher education. base reduction in its operating budget of the standards by which such achievement is Thank you again for your strong and prin- $55.8 million. These reductions were not measured. We have consistently opposed any cipled leadership on so many issues about made lightly. However, our constitution re- effort to make accrediting agencies agents of which we care deeply. quires us to balance, and in a relatively poor the federal government; in particular, we be- Sincerely, state, we have no choice but to spread the re- lieve that the Secretary of Education should NICHOLAS S. ZEPPOS, ductions as broadly as possible. not be able to regulate in this area. This re- Chancellor. Our economy remains uncertain. We al- sponsibility must lie with individual institu- ready face numerous restrictions on the tions. DUKE UNIVERSITY, state’s ability to manage from our federal The issue of accreditation is of such para- OFFICE OF THE PRESIDENT, partner. An MOE mandate that reduces our mount concern to Vanderbilt that, had this Durham, NC, May 28, 2008. flexibility even further is not warranted. We not been adequately addressed, we would Hon. EDWARD M. KENNEDY, appreciate your efforts to oppose this meas- have strongly considered opposing the entire U.S. Senate, Russell Senate Office Building, ure. agreement. We are grateful that we do not Washington, DC. Warmest Regards, have to take this drastic action, and we have Hon. MICHAEL ENZI, M. D. GOETZ, JR., you—and your staff—to thank for this. With- U.S. Senate, Russell Senate Office Building, Commissioner. out your unyielding persistence on the mat- Washington, DC. ter of institutional autonomy with respect Hon. GEORGE MILLER, VANDERBILT UNIVERSITY, to accreditation, the outcome would have House of Representatives, Rayburn House Office , 2008. been far different. Vanderbilt is immensely Building, Washington, DC. Hon. LAMAR ALEXANDER, proud to call you one of our own and is in- Hon. HOWARD ‘‘BUCK’’ MCKEON, U.S. Senate, debted to you and your staff for your efforts. House of Representatives, Rayburn House Office Washington, DC. Nonetheless, there is a lengthy list of pro- Building, Washington, DC. DEAR SENATOR ALEXANDER: After nearly visions with which we have serious concerns. DEAR SENATOR KENNEDY, SENATOR ENZI, five years of work and ten years since the We recognize that many Members and staff REPRESENTATIVE MILLER AND REPRESENTA- last reauthorization, I understand that the have worked diligently on this legislation TIVE MCKEON: As you work to complete con- Higher Education Act reauthorization is for years, and we regret that more reason- ference consideration of the Higher Edu- nearly complete. It has been a long process, able language was not agreed upon. cation Act (REA) reauthorization, I write to and I commend the Congress for its fortitude Chief among our concerns are the count- add my voice to those expressing concern to enact the bill this year. My regret is that less number of new regulations with which about a number of issues your committees this final product is not one that I can be universities are going to be forced to comply, are facing as you finalize this important leg- proud to share with the Vanderbilt campus. covering such topics as peer-to-peer file islation. As a new chancellor, I have the luxury, or sharing, campus emergency notifications, I appreciate the time and thoughtful con- some would say misfortune, of only seeing data on alumni, charitable gifts, student di- sideration you and members of your staff the end result of the past five years of nego- versity, immunization records, missing per- have devoted to the REA bill. Two years ago tiations. When I accepted the position as son reports, and lobbying efforts. These new I wrote the North Carolina congressional del- Vanderbilt’s chancellor, I did so knowing regulations will place an immense burden on egation urging our representatives to vote that my first and most important priority is, institutions and carry with them a heavy against the House version of the REA be- and always will be, our students. implementation price tag. At the same time cause of the significant steps the legislation Vanderbilt’s mission states: that we are trying to rein in costs, we are took toward eroding the role of trustees in Vanderbilt University is a center for schol- facing spiraling expenses associated with institutional governance and the long- arly research, informed and creative teach- complying with federal regulations. Over- standing, successful relationship between the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7854 CONGRESSIONAL RECORD — SENATE July 31, 2008 federal government and institutions of high- tering student, each institution of higher institutions to publish non-binding, multi- er education. While the current legislation is education would need to forecast every indi- year estimates of future tuition and fee lev- somewhat more palatable, I fear that it still vidual student’s financial situation in ad- els. Although ‘‘non-binding,’’ these figures represents a major intrusion and regulatory vance. Each year we reassess all of our stu- would create the potential for ill will be- encumbrance for higher education and that dents’ financial aid packages to make sure tween universities and prospective students the proportion of bureaucracy relative to we are meeting each student’s demonstrated if the state of the economy or other events public value will be extremely high. need. If their financial situation changes force institutions to take action. As you Please allow me to highlight several trou- during the year—for instance if their mother know, tuition at state universities is inex- blesome provisions that I urge you to revise loses her job or wins the lottery—the aid tricably linked to funding from the state. or eliminate before the bill moves forward: package is appropriately adjusted. We sim- This provision is fundamentally flawed and It is apparent that you have taken our con- ply can’t predict what will happen to the, should be addressed. cerns about the inappropriateness of unnec- student, nor can we predict the needs of the New Reporting Requirements: This legisla- essary federal control of accreditation seri- university as far in advance as the proposed tion would impose a host of new reporting ously. Including language that limits the au- legislation would require. thority of the Secretary of Education from There is much in the proposed REA that requirements on colleges and universities prescribing standards and otherwise regu- will benefit students, their families, and in- that would be virtually impossible to meet. lating measures of student achievement suc- stitutions of higher education, and I applaud For example, the bill would require univer- cess is welcome. But, the language is not re- the Congress for these positive steps. As the sities to obtain information on alumni em- strictive enough. I urge you to modify it spe- bill works its way to passage, I urge you and ployment, salary, and graduate education. cifically to prevent the Secretary from regu- your colleagues to reconsider the inappro- Such data is very valuable, but we cannot lating standards for faculty, facilities, equip- priate regulatory burden that will be placed compel graduates to report it. ment, supplies, student services and the fis- on institutions of higher education if this Student Diversity and Graduation Rates cal and administrative capacity of institu- legislation passes as currently written. Reporting Requirements: Institutions would tions. Thank you for your consideration. be required to report to the Department of Duke takes the accreditation process with Sincerely, Education the percentage of enrolled, full- great seriousness, and we use what we learn RICHARD H. BRODHEAD. time students who are male, female, Pell from our intensive self-study, as well as ex- Grant-eligible, and self-identified members ternal evaluations, to help guide the high THE UNIVERSITY OF GEORGIA, of a major racial or ethnic group. These cat- quality of the educational experiences we OFFICE OF THE PRESIDENT, egories would also be applied to existing re- offer our students. Duke is currently in the Athens, GA, July 16, 2008. porting of graduation rates. Institutions midst of its decennial review with the Com- Hon. JOHNNY ISAKSON, would have to report graduation rates in no mission on Colleges of the Southern Associa- Russell Senate Office Building, fewer than 48 separate categories. To deter- tion—of Colleges and Universities (SACS). I Washington, DC. mine Pell Grant eligibility, institutions am impressed with the thoughtful questions DEAR SENATOR ISAKSON: As conference con- would have to demand private financial in- the SACS team asks of us regarding a wide sideration of the Higher Education Act Re- formation. range of issues. Maintaining this quasi-inde- authorization progresses, I would like to Peer-to-Peer File Sharing/Copyright In- pendent system of assessment and assurance take the opportunity to comment on the lat- of quality is an important contribution to fringement Requirements: Institutions est draft of the proposed legislation. would be required to disclose ‘‘the develop- the unique success of American higher edu- As you know, we have followed the process ment of plans to detect and prevent unau- cation. While there are areas of accredita- to reauthorize the Higher Education Act thorized distribution of copyrighted material tion that may need some tinkering, it is not very closely. We at the University of Georgia on the institution’s information technology role, nor is it wise public policy, to have the appreciate that, during this process, you system, which shall, to the extent prac- responsibility of institutional trustees and have been an advocate for higher education ticable, include offering alternatives to ille- accreditation usurped by federal intrusion. I nationally as well as for our institution and gal downloading.’’ Although our institutions urge you to fully close the door on the Sec- the University System of Georgia. retary’s ability to dictate the measurement In the latest draft, many improvements offer alternatives to illegal downloading, the of standards that should remain outside the have been made, particularly in the areas of technology simply does not exist to prevent scope of the federal government’s responsi- accreditation, teacher education reporting, all unauthorized distribution of copyrighted bility in higher education. and collection of data on alumni. While such material on our IT systems. At a time when institutions are struggling improvements are laudable, the legislation, While it has the potential to benefit stu- to find ways to reduce administrative costs, in its current form, still represents a major dents, their families, and institutions of I am struck by the number of new reporting intrusion and regulatory burden for higher higher education, the regulatory require- requirements in the bill, which inevitably education. ments and the additional costs relative to will lead to greater bureaucracy both at the It is always difficult to balance the need benefits are such that I would recommend institution and at the Department of Edu- for transparency in the educational process that you vote against this bill. We hope for cation. For example, the reporting of gradua- with the burdens associated with new regula- a better version to come along shortly. tion rates in 48 different student categories tions. In a time of declining state funds for Sincerely, gives pause and raises questions about the higher education and a need to reduce ad- MICHAEL F. ADAMS, usefulness of such information. ministrative costs, I am concerned about the President. Penalizing institutions for increasing tui- wisdom of creating new unfunded mandates tion by requiring a report to the Department for reporting data from our universities. EMORY UNIVERSITY, of Education about cost reducing strategies Many of the new requirements contained in is an egregious notion, at best. There is little the draft of this bill are unnecessary and/or OFFICE OF THE PRESIDENT, doubt that the quality of the educational ex- duplicative, and they would impose signifi- Atlanta, GA, , 2008. perience Duke provides does not come cheap. cant compliance costs in exchange for little, Hon. JOHNNY ISAKSON, Our trustees invest in progressive and ag- if any, benefit. I fear these reporting require- Russell Senate Office Building, gressive financial aid programs to make a ments will lead to greater bureaucracy both Washington, DC. Duke education affordable to the more than at the institution level and at the Depart- DEAR SENATOR ISAKSON: As conference con- 40 percent of Duke students who receive fi- ment of Education. sideration of the Higher Education Act Re- nancial aid under Duke’s need-blind admis- Please allow me to highlight a few trouble- authorization progresses, we respectfully sions policy. In the coming year alone, we some areas that UGA and other members of write to offer our comments on the latest are budgeting more than $86 million from in- the National Association of State Univer- draft of the proposed legislation. stitutional funds to help ensure that no ad- sities and Land-Grant Colleges are seeking As you are aware, we have followed very mitted student is denied access to the Duke to revise or eliminate before the bill moves closely the process to reauthorize the Higher educational experience for financial reasons. forward: Our trustees have developed over time both College Costs and Transparency: The pro- Education Act. We appreciate that, during policies and procedures to ensure that the posed ‘‘watch’’ lists in Title I of the bill for this process, you have been an advocate for university’s budget—including our tuition institutions that must raise tuition; the re- higher education nationally as well as in the and financial aid programs—is consistent porting requirements related to the lists; state of Georgia. Specifically, we have been with the mission of the university. Inserting and the proposed provisions in Title VIII of pleased with improvements in the areas of the Department of Education into this con- the bill (Tierney provisions) that would es- accreditation, teacher education reporting, versation eats away at the delineation be- tablish new requirements for costs reporting and collection of income data. tween governmental responsibility and insti- and reducing net tuition. All of these could While improvements have been made, the tutional autonomy. Please remove this pro- be simplified, and Section 830 of the con- legislation in its current form represents a vision. ference legislation would place additional re- major intrusion and regulatory encumbrance Along those same lines, the proposed re- porting requirements on institutions with for higher education. At a time when institu- quirement to provide non-binding, multi- respect to costs and is inconsistent with the tions of higher education are struggling to year estimates of future tuition and fee lev- cost provisions of Title I. find ways to reduce administrative costs, we els, is misleading and inappropriate. In order Multi-year Tuition Price Estimates: The are gravely concerned about the collective for this to be of minimal assistance to an en- Murphy-Myrick Amendment would require weight of these new federal requirements.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7855 The draft bill would significantly increase tutions of higher education if this legislation But I also want to acknowledge the the number of federal requirements with passes in its current form. validity of the issues raised by the Sen- which universities must comply. Many of the Sincerely, ator from Tennessee on unfunded man- new proposed requirements are unnecessary JAMES W. WAGNER, dates. and/or duplicative, and they would impose President, Emory University. Over here we have a champion. significant compliance costs in exchange for Mr. ALEXANDER. Mr. President, little, if any, benefit. We fear these reporting GARY SCHUSTER, requirements will lead to greater bureauc- Interim President, may I have 60 seconds to respond? racy both at the institution level and at the Georgia Institute of Technology. Ms. MIKULSKI. Yes, but I am not Department of Education. Mr. ALEXANDER. I thank the Chair, done with my comments so I have not yielded the floor. Please allow us to highlight several other and I yield the floor. Mr. ALEXANDER. I am sorry. troublesome areas that we hope can be re- The PRESIDING OFFICER. The Sen- vised or eliminated before the bill moves for- ator from Maryland. Ms. MIKULSKI. I wish to comment ward: Ms. MIKULSKI. Mr. President, under on the unfunded mandates. The Sen- our agreement, I will yield time to our ator who will speak shortly has been a College Costs: The proposed 400 ‘‘watch’’ champion of the disability community lists in Title I of the bill; the reporting re- colleague, Senator HARKIN from Iowa, quirements related to the lists; and the pro- but before I do, I wish to do two things. and a leader of the IDEA community. posed provisions in Title VIII of the bill First, a few minutes ago we heard We have been fighting to double IDEA (Tierney provisions) that would establish from our colleague, Senator BINGAMAN, and we have been trying to do it on new requirements for costs reporting and re- about the untimely death of one of both sides of the aisle. We look forward ducing net tuition should be simplified. The Senator BINGAMAN’s key staffer’s sons. to having the Senator’s support to do proposed reporting requirements in Title I Bob Simon is a staff director on his En- exactly that. We look forward to in- and Title VIII of the bill would require ergy Committee. Bob Simon’s 16-year- creasing the Federal role in Medicaid, ‘‘high-cost’’ institutions to form cost effi- old son passed away, and he, Senator particularly in SCHIP, which would be ciency task forces and issue reports to the BINGAMAN, was paying an eloquent a very important component of Med- Department describing actions they are tak- tribute about this very melancholy sit- icaid. ing to reduce costs and net tuition. uation. On behalf of the Senate, we Last, but not at all least, in Med- Tuition Price Estimates: The Murphy- would like to extend our condolences icaid, 80 percent of the money goes to Myrick Amendment would require institu- to the Simon family. 20 percent of the population. That 20 tions to publish non-binding, multi-year esti- The other comment I wish to make is percent of the population that gets mates of future tuition and fee levels. In in response, very quickly, to the com- that Medicaid is primarily old or frag- order for this to be of even minimal assist- ments my colleague from Tennessee ance to an entering student, each institution ile people in nursing homes, many of made. whom have serious cognitive impair- of higher education would need to forecast First, I would like to thank my col- ment such as Alzheimer’s. every individual student’s financial situa- league from Tennessee for his very col- Let’s get the Coburn hold off my bill tion in advance. Furthermore, public univer- legial and thoughtful efforts as we sities are highly dependent on state funding, to double funding for Alzheimer’s. One moved our bill through. I enjoyed our making such estimates nearly impossible. of the ways to lower the cost of Med- conversations, from talking about icaid is to find the cure of the cognitive Alumni Reporting Requirements: Institu- bluegrass and Grand Old Opry, we went stretchout for people with Alzheimer’s. tions would be required to report on alumni on to high notes and higher education, employment and enrollment in graduate and It is estimated by NIH and other insti- and then we went on to maintenance of professional education programs. Although tutions that comment on these things we would like to have more detailed infor- effort. I am sorry you took out the regu- that we could reduce Medicaid by $5 to mation on our alumni, we cannot force them $11 billion a year if we could do that. to provide us with this information. latory stack you had because it is big- ger than I am. As we said in our con- I think we can work our way through Student Diversity and Graduation Rates versation, I look forward to working this, but I must say, working with the Reporting Requirement: Institutions would with the Senator from Tennessee to see Senator from Tennessee has been in- be required to report to the Department of deed a pleasure. It has been based on Education the percentage of enrolled, full- if some of the regs might be dated, ar- cane, duplicative, and so on and how, intellectual rigor, good conversation, time students who are male, female, Pell excellent exchanges of ideas. I look for- Grant-eligible, and self-identified members over the next year or so, we could look of a major racial or ethnic group. These cat- forward to doing that. ward to doing more of it and trying to egories would also be applied to existing re- But before I move off from the reg solve some of the problems that we porting of graduation rates. Institutions comment, I do wish to comment about both strongly believe need to be ad- would have to report graduation rates in no the maintenance of effort. In many dressed. fewer than 48 separate categories. Although ways, I understand the point the Sen- Mr. ALEXANDER. If I may just ac- we already collect some of this information, ator from Tennessee is making. My knowledge the remarks of the Senator, other data, like Pell Grant-eligible, would own home State of Maryland’s Gov- I feel the same way about working with require us to demand personal financial in- ernor O’Malley inherited a $1.7 billion her. I am delighted we will be working formation that our students, and their par- together to take a look at the rules ents, may not want to share with us. budget deficit that was not of his mak- ing, and at the same time I understand and regulations that we impose from Peer-to-Peer File Sharing/Copyright In- Governors and State legislators are here in Congress to make sure they are fringement Requirements: Institutions useful and needed. The natural thing would be required to disclose ‘‘the develop- facing real obstacles. However, we need here is to add. It is also very natural ment of plans to detect and prevent unau- to be realistic. Congress is doing its thorized distribution of copyrighted material part by increasing Pell grants, and for us to have good ideas, but we might on the institution’s information technology families can be assured that as the discover that the dean or the provost system, which shall, to the extent prac- Federal Government increases its com- or the Governor or somebody else ticable, include offering alternatives to ille- mitment to colleges, funds will not be might have a good idea as well. gal downloading.’’ Although our institutions offset by the States. This is one of those issues that has offer alternatives to illegal downloading, the Last night we did pass an amendment no partisan attribute whatsoever. As technology simply does not exist to prevent offered by another gentleman from far as I am concerned, the Republicans all unauthorized distribution of copyrighted Massachusetts, Congressman TIERNEY. are as bad as the Democrats on un- material on our IT systems. What his amendment does is provide funded Federal mandates and unneces- We have asked our staff to provide your incentives and funds to Governors, sary regulations. I look forward to an staff with more information detailing our which they can use for a broad range of opportunity to work with the Senator concerns with this legislation in its current college access activities. They would from Maryland to see if we can identify form. The proposed HEA has the potential to greatly benefit students, their families, and be able to access $66 million to States a process that makes certain that in- institutions of higher education. We applaud to use on a variety of very important stitutions are accountable for the Fed- Congress for these steps. However, we urge college access activities, particularly eral dollars, but at the same time we Congress to reconsider the inappropriate reg- need-based grants and college prep pro- leave them free to be excellent in their ulatory burden that will be placed on insti- grams. own autonomous ways.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7856 CONGRESSIONAL RECORD — SENATE July 31, 2008 Ms. MIKULSKI. I yield to the Sen- loan repayment burden for a new law families and kids to be able to get to ator from Iowa, Senator HARKIN, also a school graduate is $12,000. That doesn’t college. It alleviates some of the bur- member of the Health-Education com- leave a lot left over for rent or food or dens, some debts kids have hanging mittee and who is a prime mover in the for starting a family. over their heads when they get area of expanding access for people The Legal Aid Loan Repayment Pro- through. It provides, as I said, for some with disabilities to be able to have ac- gram, which we have included in this of the unbundling of textbook mate- cess to higher education. bill, will make it possible for young rials and things that students buy that The PRESIDING OFFICER. The Sen- lawyers to make a longer commitment they do not need all of. Of course, as I ator from Iowa is recognized. to equal justice. The program is sim- said, it does a lot to weed out the cor- Mr. HARKIN. Mr. President, I came ple. If a legal aid lawyer agrees to ruption and mismanagement in the here to speak, obviously, in favor of make a minimum 3-year commitment, student loan program. the Higher Education Opportunity Act. he or she will be eligible for up to $6,000 To close here, I often speak of the ne- Passage of this bill today restores the a year to help repay their student loan cessity of having a ladder of oppor- Federal commitment to make a college debt. This is a critical step to ensuring tunity for our kids in this country, a education a reality for Americans from that qualified lawyers can be recruited ladder of opportunity for all of our citi- all walks of life. I commend Senator and retained to represent low-income zens. A college education is an essen- KENNEDY and Senator ENZI for all of Americans. tial rung on that ladder. I am proud to their hard work in passing this bill. I I particularly again thank Senator support the Higher Education Oppor- recognize and thank my good friend, MIKULSKI for her great leadership in tunity Act which I believe extends that this area, both on this committee and Senator MIKULSKI, for stepping in and ladder of opportunity to more Ameri- shepherding this bill to final comple- on the Appropriations Committee, in cans who want to better themselves, making sure we have adequate funding tion the other evening. their communities, and our country for the Legal Services Corporation and The Higher Education Opportunity with a college education. now, in this bill, to make sure we have Act is the first reauthorization of the Again, I thank Senator KENNEDY and a commitment to helping legal aid law- Higher Education Act in 10 years. It Senator ENZI, and in particular Sen- yers repay their student loans if they takes clear and strong action to make ator MIKULSKI for stepping in and help- want to be a legal aid lawyer for at college more affordable for low- and ing, with Senator ENZI, to bring this least 3 years. middle-income students and their fami- bill to completion. Hopefully we will I am also proud this legislation in- lies, our top higher education priority. cludes a Realtime Writers Program, an have an overwhelming vote in favor of This legislation will provide families initiative I have long fought for to im- this conference report later this with accurate information on the cost prove the quality of life for more than evening. of college at any school, as well as hold I yield the floor. 30 million Americans who are deaf or colleges accountable for skyrocketing Mr. ENZI. I believe under the pre- have a hearing impairment. As many tuition and fees. vious order we will move to Senator know, my late brother Frank was deaf I am also proud we have saved money MURKOWSKI for 5 minutes at this point. for all of his life. I know from personal for students by requiring publishers to The PRESIDING OFFICER. The Sen- experience that access to culture and no longer bundle unnecessary mate- ator from Alaska is recognized. to news and other media was important rials with their textbooks, giving stu- Ms. MURKOWSKI. Mr. President, I to him and to others in having a good rise to speak briefly on the conference dents the freedom to buy only what quality of life. they need for their classes. Closed captioning, which many of us report to the Higher Education Oppor- I have heard from students about the now take for granted on our television tunity Act. The reauthorization of this need to reform the unnecessary long sets, doesn’t benefit those with a hear- act, the Higher Education Act, has form that is required to receive Fed- ing impairment, however. Captioning taken 5 years and thousands of hours eral student aid. It is called the Free improves the quality of life of individ- to complete. I congratulate Senator Application for Federal Student Aid uals seeking to read or to speak better, KENNEDY and Senator ENZI for guiding form—FAFSA, I understand is the adults who may be functionally illit- us through passage of the Senate bill short term nomenclature for that. erate, immigrants learning English as and then through a long and somewhat The bill we have here cuts through a second language and children just contentious conference process. Their much of the redtape to immediately learning to read. Captioning also helps leadership has brought us to an provide a 2-page application for low-in- travelers trying to get emergency in- achievement of which we can all be come students and to phase out the formation in loud settings such as air- proud. It is a bipartisan product that current 7-page form for all students in ports or bus terminals or train sta- will have a positive impact on the lives 5 years. tions. I would guess that every Amer- of American students. In recent years we have seen corrup- ican at some time or another relies on I also acknowledge and thank Sen- tion and mismanagement in the stu- the captioning on their television to ator MIKULSKI for the good work she dent loan arena. This bill takes strong get some kind of information. has done, stepping in for Senator KEN- action to root out the lenders’ im- As part of the 1996 Telecom Act, I of- NEDY during his period of absence, in proper gifts and inducements for school fered an amendment, a requirement in order to help us resolve these last financial aid officers and to protect that bill now, that all English language issues. students from scurrilous private lend- television broadcasts must be realtime The Higher Education Opportunity ing practices. captioned by 2006. Every television pro- Act includes many provisions that will I am proud of the many achievements gram must be realtime captioned by benefit students and student loan bor- of this bill. I want to take the time to 2006. That date has come and gone and rowers in my home State of Alaska. highlight two initiatives included in all television programs are still not One provision of which I am particu- this bill that I was proud to sponsor. realtime captioned. This is due to a larly proud will assist members of the I started my legal career as a legal lack of captioners. So what has hap- military, particularly those who are in aid lawyer. It is an experience I will pened is that stations all across the the lowest ranks. It will help them and never forget and always cherish. Our country have asked the FCC for waiv- help their spouses and their children to promise of equal justice under law ers from this requirement, which they afford college or job training. rings hollow if those who are most vul- should have because we simply do not I had the opportunity last winter to nerable are denied access to represen- have the supply of people trained to be visit Fort Richardson, outside of An- tation. But right now it is almost im- realtime captioners. Passage of the chorage. I met with the spouses of the possible for a new lawyer, a new young Realtime Writers Act, which is now in deployed soldiers who were over in lawyer, newly admitted to the bar, to this bill, authorizes competitive grants Iraq. It was kind of a townhall meet- make the choice that I made, to work to recruit and train realtime writers to ing. I was there to ask them what I for legal aid. The average starting sal- alleviate this shortage. could do to help make their lives a lit- ary for a legal aid lawyer is now about This is a very good bill. It has a lot tle bit easier, help them get through $35,000 a year. But the average annual of good things in it to help low-income the long winter. One of them told me

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7857 that the one thing that was keeping Suffice it to say that before the fall se- I yield for Senator BROWN. her from being able to afford to go to mester begins at many colleges around Ms. MIKULSKI. I control the time. I college was the money that the mili- the country, we will have authorized: now yield 5 minutes to the Senator tary pays to help offset a portion of improvements to the Federal Pell from Ohio, Mr. BROWN. their housing costs. The housing allow- grant; changes designed to help col- Mr. BROWN. I wish to thank Chair- ance prevented her from being eligible leges and textbook publishers take man KENNEDY, Ranking Member ENZI, for a Pell grant. steps to make the textbooks more af- and especially Senator MIKULSKI for Given the low rate of pay for many fordable; increased and improved infor- her terrific work, and their staffs. J.D. members of our military, particularly mation about the cost of college and fi- LaRock was especially helpful; Erin those in the lowest ranks, they could nancial aid; rules intended to increase Renner, Carmel Martin, and Missy not afford to take on any student loan students’ safety on campus; and great- Rohrbach. I wish to give special thanks debt. So I made contact with the Na- er State involvement in and account- to Will Jawando in my office for his tional Military Families Association ability to the public for the success of terrific success on this legislation. He and learned that so many military our teacher preparation programs. celebrated the success of the full con- spouses are in that same position. There are so many provisions in this ference committee, which was earlier So what we included in this legisla- legislation that I think we have to be this week, by taking the Maryland bar tion, through my provision, is language proud of, and I thank my colleagues for for those 2 days during the actual pas- that excludes the cost of the basic al- their good work and certainly urge all sage of the conference committee. lowance for housing for servicemem- Members to support this legislation. The conference report before us takes bers who live off base, as well as the And my thanks to those who have led important steps toward breaking down value of on-base housing. We exclude this through the process: Senator KEN- the barriers to higher education by ad- that from being calculated in the final NEDY, Senator ENZI, and Senator MI- dressing affordability and access. With calculations for financial need. KULSKI. college costs at alltime highs, family Excluding the basic housing allow- I yield the floor. income and student aid simply have ance, which in the vast majority of Ms. MIKULSKI. I yield the Senator not kept up. cases does not completely cover mili- from Vermont 2 minutes so he can In my home State of Ohio, between tary families’ housing costs, and the make a brief statement before he pre- 2001 and 2006, the cost of attendance value of on-base housing will benefit sides, and then to Senator BROWN. has increased 53 percent at 4-year pub- the least well paid members of our Mr. SANDERS. I thank Senator MI- lic colleges. Yet the median income in military and their spouses, whether KULSKI and Senator BROWN. I will be Ohio, household income, increased only they be privates, seaman apprentices, very brief. 3 percent. We know the purchasing lance , airmen—those folks In the United States today, there is a power of the Pell grant has fallen dra- whose base pay is less than $35,000 per nursing shortage approaching a crisis. matically. Students and parents are year. While they are off defending our According to the Bureau of Labor Sta- finding it harder and harder to figure country at war, we want to be able to tistics, more than 1.2 million new and out a way to finance their education. help the spouses and family members replacement nurses will be needed by But our bill, as we know, increases Pell who remain at home. 2014. We are not educating enough grants to $8,000 by 2014, enabling thou- I am very pleased to know that this nurses to meet this need, which is why sands of low-income and first-time stu- wonderful woman I had the privilege to the U.S. Department of Health foresees dents to attend institutions of higher meet last winter, and potentially thou- a nursing shortage of over 1 million by education. For the first time, low-in- sands like her, will have a better 2020. Yet, even with such an enormous come students can receive Pell grants chance now of being able to attend col- need for nurses, U.S. nursing schools year-round, allowing them to accel- lege or obtain job training. turned away—turned away—41,000 erate the completion of their degrees. Another provision I was pleased to qualified applicants for baccalaureate The Free Application for Federal participate in and to author authorizes and graduate nursing programs in 2005 Student Aid required for the receipt of a program dedicated to improving because they do not have the resources Federal student aid is currently seven science, technology, and engineering to train more nurses. If community pages long and acts too often as a bar- and mathematics education, with a college nursing programs are included rier for students seeking college aid. focus on Alaska Native and Native Ha- in these numbers, 150,000 well-qualified We have begun the process of taking waiian students. applicants are turned away each year care of the complexities and the bu- There are three programs in Alaska, from nursing programs. reaucracy of that. Washington State, and Hawaii. They The College Opportunity and Afford- In the last 2 years, I have held about have had outstanding success using an ability Act includes an important new 110 roundtables around my State, in 75 innovative model to recruit and sup- program which will enable our colleges of the 88 counties, listening to people port Alaska Native and Native Hawai- to train more nurses to meet the nurs- telling me what we should do with ian students through engineering, ing crisis. It provides extra capacity higher education and other issues. science, and technology programs. for nursing students in a very simple, Last Memorial Day, I met with vet- These are available at the University efficient, and cost-effective way. erans who were also students at Cleve- of Alaska, the University of Hawaii, The nursing provision in title VIII land State University. I met with them and also through the Maui Economic provides colleges, community colleges, at a veterans hospital and heard di- Development Board. and universities a grant for each addi- rectly about their experiences The programs’ graduation rate is tional student their nursing program transitioning from the battlefield to phenomenal. By identifying the stu- enrolls over their previous average en- the classroom. dents who have an interest in math, rollment. The nursing program gets a This bill takes steps to ensure stu- science, and technology while they are $3,000 grant for each additional stu- dent veterans get the assistance they still in middle school, helping them to dent, money which will help defray the need. It authorizes funds for campuses graduate from high school with the increased cost required to teach and to create Centers of Excellence for Vet- courses they need to be successful in train that student. With this program eran Student Success. It is modeled those disciplines in college, and then in place, nursing programs can expand after a program at Cleveland State mentoring them throughout the col- to admit an additional 10,000 student University. It will allow schools to pro- lege program, these entities have nurses each year, or more, at modest vide student veterans with a one-stop helped so many of our young students, costs. shop for assistance with financial aid, Natives and the non-Natives alike, to I thank Chairman MIKULSKI, and I with class selection, with VA benefits, really succeed in these demanding and thank Huck Gutman of my office for and with other transitional issues. high-need fields. his outstanding work over the last In addition to the unique challenges The Higher Education Opportunity year. This is an outstanding program, many student veterans face, others Act includes many provisions of which and we are going to begin to address a have their academic career interrupted Members of the Senate can be proud. serious problem. by deployments. When students head

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7858 CONGRESSIONAL RECORD — SENATE July 31, 2008 off to war, they know they will be sional degrees. The last time the act Dramatic increases in Federal stu- given the time and support they need was reauthorized was over a decade dent aid may sound like a helpful solu- now, because of this legislation, with- ago, in 1998. tion at first. However, research shows out falling unnecessarily behind aca- The Senate passed HEA reauthorize that increases in government funding demically or financially when they re- on in July of 2007, with a vote of 95–0. only lead to further increases in tui- turn to their life as a college student. The House of Representatives passed tion. According to a report by the Cato By allowing servicemembers to defer their version February 7, 2008, with a Institute, for every dollar increase in payments, interest free, on Federal vote of 354–58. The final conference Pell Grants, private 4-year colleges in- student loans while serving on Active agreement is the product of nearly 6 creased tuition by more than two dol- Duty, we have removed a financial pen- months of work between the House and lars. alty for student veterans. the Senate. The findings of the College Board in I would also like to thank the com- The Higher Education Act conference ‘‘Trends in Student Aid 2007’’ are even mittee and the chairman for working report, by the numbers, is nearly 1,200 more astounding. The College Board re- with me to include several other provi- pages, authorizes for appropriation of ported that student aid increased by sions in the conference report. Among roughly $3.7 billion, creates 65 new pro- about 82 percent over the decade from them is a program that creates an grams, requires 24 new government 1997 to 2007, and Federal loans in- early childhood educator workforce de- studies, and requires the Department creased by 61 percent. Interestingly, velopment system to ensure that all of Education to create and publish 26 this increase in aid covered about two- children are taught by great teachers different lists with information from thirds of the increase in tuition at pri- in their developmental years. I spoke more than 6,463 schools. vate 4-year colleges and almost all of with the head of Ohio Head Start today This bill seeks to address an enor- the increase in tuition at public 4-year in Dayton, who is very excited about mous concern for many American fami- institutions. what this will mean for Head Start stu- lies and students who are struggling to These statistics demonstrate that dents in all of Ohio. afford the cost of a college education. both public and private universities are Also included was a program that During the 2006–2007 academic year, increasing tuition at the same pace—if helps increase the enrollment rates of more than $130 billion in financial aid not faster—than the Government in- rural students at institutions of higher was distributed to students in the form creases funding. If we truly wish to education. of grants, Federal loans, work-study, make college education more afford- Finally, provisions are included that and tax credits and deductions. How- able for students and families, we must will reauthorize the Underground Rail- ever, this financial aid is hardly keep- focus on why tuition is increasing, de- road Educational and Cultural Pro- ing pace with the increasing rate of spite increased subsidies from the Fed- gram and establish a Perkins loan for- tuition. eral Government. According to the College Board, from giveness program for our nation’s fire- A July 31 editorial in the Washington 1996 to 2006, tuition rose 51 percent at 4- fighters. We did it for the nurses, Times discusses the correlation be- year public colleges and universities, teachers, and police officers. We inad- tween increased government funding after adjusting for inflation. Further- vertently left out firefighters in the and rising tuition. The editorial states more, according to the U.S. Depart- bill last year. This takes care of that. of the higher education conference ment of Education’s National Center While there are many other issues we agreement. for Education Statistics, the average must address in higher education, in- This bill would do nothing to rein in ramp- rate for undergraduate tuition and fees cluding the rise in private student ant tuition inflation, by far the biggest prob- has nearly tripled over the past decade. lem in higher education. Indeed, by giving loans, this bill makes important No one argues that the cost of college progress on assisting needy students, students yet more taxpayer-furnished aid, it is rapidly rising, or that Congress, the will just keep exacerbating the problem . . . increasing affordability for all, and en- States and institutions of higher edu- Just look at the numbers: It’s no coincidence hancing protections for our service- cation should examine this issue and that while the inflation-adjusted price of col- members because of this legislation, work together to increase access and lege has gone up roughly 70 percent over the because of Chairman MIKULSKI’s work. affordability for students. However, we last two decades, aid per-student rose almost It means a whole lot of working-class must ask ourselves, is this bill the 140 percent. kids, a whole lot of poor kids, a whole right solution? This bill dramatically The best way to make improvements lot of middle-class kids will be able to increase general Federal financial aid in higher education is to begin remov- go to college. It will be easier for them to students through the following: ing the Federal Government from the to finish their college degrees, not drop Increase the Pell Grant maximum equation. When Congress and the U.S. out with huge student loans. It will en- from $5,800 to $8,000 at a cost of poten- Department of Education interject able most of these students to graduate tially $1.6 billion per year; themselves into education matters, the without the onerous burden of huge Permits students to receive Pell result is generally less competition and student loans. Grants year-round at a cost of $2.6 bil- individual control, more bureaucracy I thank Chairman KENNEDY and I lion over 5 years; and an ultimately an inferior outcome. thank Ranking Member ENZI for their Increases the loan fund for Perkins The American Council on Education work. I hope my colleagues will join loans at a cost of $1 billion over 5 states that the higher education con- me in supporting this legislation. years; ference agreement ‘‘would create a The PRESIDING OFFICER. The Sen- Expands deferment for PLUS Loans huge number of new reporting and reg- ator from Wyoming. and accrued interest would reduce di- ulatory requirements . . . Complying Mr. ENZI. The Senator from Okla- rect spending $75 million over 5 years; with these new unfunded mandates will homa has up to 20 minutes. and take time and will increase the admin- Mr. COBURN. Mr. President, I will Extend Federal loan forgiveness to istrative costs facing colleges and uni- assure everyone I will not take 20 min- the following groups—at a cost of $10.9 versities.’’ utes. billion over 5 years: Public-sector em- Rather than increasing the role of First of all, let my thank all of those ployees (including Federal Government the Federal Government in subsidizing on the committee who worked on this employees in Washington DC), nutri- and regulating higher education, Con- bill. tion professionals, mental health pro- gress should create incentives for fami- The Higher Education Act of 1965, fessionals, medical specialists, den- lies to save money and ease tax burden HEA, authorizes the Federal Govern- tists, STEM employees, physical thera- for students. Federal education tax ment’s major Federal student aid pro- pists, occupational therapists, super- credits and the Federal tuition tax de- grams, as well as other programs which intendents, principals and other admin- ductions generated $5.9 billion in sav- provide institutional aid and support. istrators, fire fighters, librarians, early ings for taxpayers in 2006. HEA also authorizes services and sup- childhood educators, nurses, foreign The Higher Education conference port to disadvantaged students, and to language specialists, speech language agreement does more than expand fi- students pursuing international edu- pathologists, school counselors, and nancial aid for students. The bill au- cation and certain graduate and profes- others. thorizes 65 new programs, many of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7859 which are duplicate, wasteful and un- not continue to earmark millions of pay to get people to do it? We are going necessary. By authorizing appropria- dollars to universities with billion dol- to blow that money because those peo- tions for these programs, Congress is lar endowments, while students and ple are going to go do that because the allowing them to take funding away families struggle to afford the cost of amount of money that is being paid for from student aid. Consider the fol- college. someone to do that is rising. So we are lowing examples of misplaced priorities The total cost of earmarks for col- going to get in the middle of the eco- in the bill: leges and universities exceeded $9 bil- nomics of that. We are going to create Henry Kuualoha Giugni Kupuna Me- lion between 1995 and 2003. At the same a false level of it because we are going morial Archives: Provides a grant to time, average annual tuition at public to train them. Now, do you know what the University of Hawaii Academy for 4-year institutions increased by 137 is going to happen? Everyone who is a Creative Media for the establishment percent, from $2,357 to $5,836. The realtime writer now is going to make and maintenance of memorial ar- Chronicle of Higher Education recently less money in the future. chives—such sums as necessary; reported that Congress set aside a So we are going to disown the eco- Campus-Based Digital Theft Preven- record $2.3 billion in pet projects for nomics of supply and demand, much tion: Provides grants for schools to de- colleges and universities last year, $300 like we are doing on energy, and we are velop programs to prevent illegal million more than in 2003, when the going to put a grant program in, we are downloading and distribution of music, total was $2.01 billion. going to make sure these people are movies and other intellectual prop- Furthermore, in 2005 and 2006, col- there, but everyone who is doing it now erty—such sums as necessary; leges and universities spent more than is going to make less money, and then Pilot Program for Course Material $127 million on lobbying activities. we are going to have an overage. And Rental: Provides grants for college This amount could have paid the full so then what is going to happen is the bookstores to operate textbook rental tuition for more than 21,760 students to people who went out and did it on their programs—such sums as necessary; attend public colleges and universities. own and invested in it, they are going Off-Campus Community Service: Au- Most students struggling to pay for to go look for another job because we thorizes work study grants to institu- housing and tuition may not be able to did not trust what has made this coun- tions for recruiting and compensating afford a tutor, much less a lobbyist. try great, which is the idea that if students to supplement off campus They should not, therefore, be forced to there is a demand, someone is going to community service employment—such pay higher tuition so their school can fill the supply, and if they do not, the sums as necessary; hire Washington lobbyists. price is going to rise. So we have put University Sustainability Programs: Nobody who listened to Senator AL- that in this bill. Provides grants to establish sustain- EXANDER can come away saying we It will be a part of the bill. It is going ability programs and practices on cam- have not done what we need to do. And to become law. But we are going to pus. The term ‘‘sustainability’’ is not this is certainly a compromise piece of waste that money. It is shortsighted. It defined in the bill—such sums as nec- legislation. is wasteful. This bill creates 65 new essary; But it is very worrisome to me that Federal Government programs. Thirty- Modeling and Simulation Programs: the only thing rising faster than the six reports are demanded from this bill, Establishes a task force to study mod- cost of health care in this country, and it gets rid of six programs. Of the eling and simulation and to support other than gasoline in the last year programs we create, nary a one has a the development of the model and sim- and a half, is the cost of a college edu- metric on it so we can measure it 2 ulation field—such sums as necessary; cation. The only way we can compete years from now to know whether what and globally is with an educated workforce. we did was right or wrong. In Okla- Teach for America: Authorizes a 5- We have to ask ourselves the question, homa we call that peeing into the year grant to Teach for America, Inc. Why is it costing so much? Could it be wind. It is going to come back on us. for $20 million in FY 2009, $25 million the 10-foot tall—now with the passage As to the cost of a college education, for FY 2010 and such sums for each of of this bill—group of regulations that we are seeing families squeezed by the four succeeding fiscal years. require billions of dollars to comply $2,400 a year in energy costs because we It is important to note that if a Fed- with every year that has taken away didn’t act when we should have acted eral audit of Teach for America re- from the educational opportunities in on energy, and we are not acting now. cently found that the organization did this country? So they have less resources. Even with not properly account for $775,000 in I think another thing that was not the wonderful increase in Pell grants Federal funds. The Department of Edu- addressed in the bill that should have and everything that we have done in cation Inspector General found that been added in the bill is the fact that this bill, the cost of a college education Teach for America was unable to pro- we have had over $9 billion worth of is going to rise about 9 percent a year. vide documents to support roughly half earmarks in the higher ed bill over the They can’t keep up no matter what we its claimed spending. The New York last 7 years. That is $9 billion that did do with Pell grants. Times reported that there was no docu- not get prioritized. It was put in in the The better part of wisdom would be mentation that any teachers actually dark of night, inside a bill, inside an to ask the question: Is what we are attended and completed the class or appropriations bill, that did not go out doing really making a difference to in- that there even was a class. Rather on the basis of merit, did not go out on crease the availability of a 4-year edu- than cleaning up the waste, Congress the basis of a competitive grant. cation or a 2-year education post high authorizes $45 million for the organiza- And when the American people hear school? tion. that $127 million was spent last year by The maintenance of effort in this bill According to a July 11 CBS Evening colleges and universities to lobby this will kill every community college in News report titled, ‘‘Teach for America place, is it not any wonder that we are Oklahoma because they design pro- Gets Schooled; Organization That spending $9 billion on earmarks? grams for certain things and then walk Trains Teachers Gets a Failing Grade I also want to spend a moment talk- away from them because there is not a for Its Accounting Skills,’’ after the ing about realtime writers. I held that demand for them anymore, whether it audit, Teach for America tried handing bill; am still in opposition to it. I know be for a new business, a new industry, over some newly-found documents, but it is in the bill. That is the way things or a new area where there is a short- it didn’t help. The Inspector General work around here. I am going to lose age, and then they walk away. Now said they contained ‘‘significant dis- that. But I want you to ask yourself they have a maintenance of effort re- crepancies.’’ the question: If there is greater de- quirement. There is no exemption on Another important way to help con- mand for realtime writers and we are that. You have killed one of the best tain the skyrocketing costs of edu- seeing the salaries rise and we are see- things we have in Oklahoma, which is cation is to simply ensure taxpayers’ ing the numbers start to come in, why our community colleges. You are going dollars and students’ tuition are di- in the world are we going to create a to strangle them with this mainte- rected towards educational purposes, program to pay for it when the market nance of effort. Now they will be very and not lobbying or earmarks. We can- is going to create the demand and the hesitant to create a new program that

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7860 CONGRESSIONAL RECORD — SENATE July 31, 2008 will make a big difference in the lives crease funding for the Pell grant pro- should help to simplify the process for of Oklahomans, even though they will gram as part of the yearly budget and Wisconsin’s families. This legislation only run the program for 2 years be- appropriations process. I am pleased establishes a two-page FAFSA applica- cause they will have to continue to that the 110th Congress has taken some tion for certain low-income students fund it to be able to get anything else important steps to boost the avail- and broadens the use of this simplified from us. It is shortsighted. ability of Pell grants for our Nation’s FAFSA to other students within the I will not go on. I know everybody students. Soon after the 110th Congress next few years. This legislation also who worked on this bill is well inten- convened in January of 2007, we passed improves the process whereby students tioned. Their heart is in the right a continuing resolution funding the can reapply for financial aid so that place. They want us to have better edu- government for fiscal year 2007. As part they do not have to fill out a new cational opportunities. They want us of that continuing resolution, we in- FAFSA every time they want to apply to be able to afford it. They want creased the maximum award for the for additional financial aid. Many of greater excellence in terms of aca- Pell grant for the first time since 2003, Wisconsin’s students fill out these demia. I just don’t think we did it. If from $4,050 to $4,310. FAFSA forms every year and I hope we didn’t do it, we are not going to be As part of the College Cost Reduction that the new provisions in this con- able to measure because we don’t have and Access Act which was signed into ference report can make the FAFSA any metrics. law last September and the fiscal year application process less burdensome in The hope would be that maybe we 2008 omnibus appropriations bill, Con- the coming months and years. could learn from this exercise. Maybe gress further increased the maximum This conference report also retains we ought to put in metrics. If we are Pell grant award from $4,310 to $4,731. language from the Senate-passed bill going to create 65 programs, maybe we These recent increases in the max- to ensure that the grants for training ought to think about getting rid of 65 imum Pell grant award represent a of teachers will promote a wide range instead of 6, and maybe we ought to good step to improved access to higher of teaching skills, including measuring measure the effect of what we are education for our Nation’s students students on different forms of assess- doing. most in need, but much more remains ment, such as performance-based meas- I yield the floor. to be done. This conference report ures, student portfolios, and formative Mr. FEINGOLD. Mr. PRESIDENT, I builds on these efforts to boost the Pell assessments. In an era of increased ac- am pleased to support passage of the grant program, by increasing the au- countability at the local, State, and conference report reauthorizing the thorized levels for the maximum Pell Federal level, we need to do all we can Higher Education Act of 1965. This law grant award to $8,000 by 2014 and by al- to promote more responsible and accu- is the main Federal law governing lowing students to use their Pell grant rate assessment of students in our K–12 higher education in this country and awards year round. I will continue to schools. authorizes a number of important fed- work to help ensure that Congress ap- I remain concerned about the in- eral programs including Pell grants propriates funds for the Pell program creased use of high-stakes standardized and other need-based grant programs consistent with these new authorized testing at the K–12 level, including as well as Federal student loan pro- levels. using high-stakes standardized tests to grams. This conference report, the This conference report also reauthor- make decisions regarding school ac- Higher Education Opportunity Act, izes another critical need-based grant countability. By broadening the defini- will improve college access and afford- program, the federal TRIO programs, tion of student learning and teaching ability for our nation’s students in a which include Upward Bound, Student skills as this new title II language number of ways including, raising the Support Services, Ronald McNair Post does, we can better ensure that teach- authorized level of Pell grants, allow- Baccalaureate Achievement, and Tal- ers are trained to more accurately and ing Pell grants to be awarded on a ent Search programs, among others. responsibly measure student achieve- year-round basis, and simplifying the Every year, students who have partici- ment through alternatives to high- financial aid application process. Con- pated in TRIO programs at Wisconsin’s stakes standardized testing. I hope gress has been working on revisions to universities come out to Washington to that Congress can build on these ef- the Higher Education Act for many meet with myself or my staff to discuss forts to promote better and more re- years and it is welcome news that Con- how the various TRIO programs are sponsible assessments of our Nation’s gress has finally completed its work on improving access to higher education students when we reauthorize the Ele- this important, if imperfect, legisla- and providing support services once mentary and Secondary Education Act tion. these students have enrolled in college. by providing increased funding for the Access to postsecondary education is These students’ testimonials illustrate development of these types of assess- becoming more and more important in how important the TRIO programs are, ments as well as the teacher training this increasingly competitive 21st cen- and have guided my yearly efforts to that is needed to implement these as- tury. In Wisconsin and around the work to boost Federal funding for the sessments in our classrooms. country, we continue to see a signifi- TRIO programs. I am pleased that this The student loan industry has also cant gap in which students can afford conference report also includes lan- seen some tumultuous times over the to obtain a higher education and which guage based on previous legislation I past 2 years, with a number of abuses students cannot, with students from introduced that defines the terms ‘‘dif- involving lenders and some financial low income and middle class families ferent campus’’ and ‘‘different popu- aid administrators brought to light as increasingly unable to attend college lation’’ for purposes of administering well as ongoing unrest in the lending due to escalating costs and less avail- the federal TRIO program. The lan- business due to the current instability ability of financial aid. Furthermore, guage included in this bill ensures that in our credit markets. While we should students increasingly have to turn to higher education institutions with do all we can to boost Federal funding federal and private student loans to branch campuses geographically apart for grant aid so that students are not cover the costs of a higher education from each other, like some of the cam- as dependent on student loans to fi- because of declining grant aid. Some of puses in the UW System, can compete nance their higher education, we also these students are then saddled with on an equal footing for these important need to make certain that our Nation’s heavy debts upon graduation from col- TRIO grants. students have access to Federal stu- lege, which impact what sort of career This conference report also includes dent loans to help cover any unmet decisions and life choices they can language to modify the application costs they face. Wherever possible, we make for themselves. progress for Federal financial aid in should help students participate in the Since coming to the Senate in 1993, I order to make it simpler for students various Federal student loan programs have made increasing funding for the and parents to complete the process. I before making them turn to private federal Pell grant program one of my often hear from students and parents loans, which do not offer our students top higher education priorities. I have in Wisconsin that applying for finan- as many safeguards as the Federal stu- worked with Senators KENNEDY, COL- cial aid is a time consuming and con- dent loan programs. Earlier this year, LINS, and COLEMAN to lead efforts to in- fusing process and this legislation Congress passed a law designed to help

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7861 ensure students’ continued access to To meet the critical shortage of pub- tional level will augment the expertise Federal loans in the upcoming school lic health veterinarians and to aug- of other public health specialists in year and this conference report seeks ment the ability of veterinary exper- preventing or mitigating the effects of to help prevent certain abuses in the tise to guide public health, I intro- possible pandemics or biological ter- student loan markets from happening duced the Veterinary Workforce Ex- rorist attacks. in the future. For example, this con- pansion Act, S. 746, this Congress and Mr. DORGAN. Mr. President, I am ference report requires schools and the two previous Congresses. I am here today to talk about the reauthor- lenders to create codes of conduct gov- pleased that part of the Veterinary ization of the Tribally Controlled Col- erning their lending practices and rela- Workforce Expansion Act made it into lege or University Assistance Act of tionships. This legislation also bans the higher-ed reauthorization. 1978, which is included in H.R. 4137, the lenders and colleges from accepting The language in the higher-ed bill Higher Education Reauthorization and gifts as part of their student loan busi- will establish a new competitive grant College Opportunity Act of 2008. ness. I cosponsored many of these pro- program for capital improvements to As chairman of the Senate Com- ENNEDY’s stand- visions in Senator K allow veterinary medical colleges to mittee on Indian Affairs, I worked alone legislation, the Student Loan expand and graduate more veterinar- closely with the Health, Education, Sunshine Act, and I am pleased that ians trained in public health. As both a Labor, and Pensions Committee and these provisions were included in this veterinarian and a member of the the House of Representatives to ensure conference report. HELP Committee, I have seen first- I know a number of colleges are con- that provisions enhancing tribal col- hand the links between human and ani- leges and universities were included in cerned about the increased reporting mal health. A half-century ago, more requirements in this legislation related the reauthorization of the Higher Edu- people appreciated this too and we cation Opportunity Act. to college costs and tuition increases. were able to all-but eradicate malaria These reporting requirements and the H.R. 4137 reauthorizes the Tribally and other animal-born infectious dis- Controlled College or University As- provisions creating searchable college eases with techniques such as mosquito cost lists and Web sites are designed to sistance Act of 1978. Additionally, it control and inoculations. will authorize two tribally controlled improve access to information for stu- Veterinarians are uniquely qualified postsecondary career and vocational dents and their families. This sort of to address high-priority public health technical institutions: United Tribes information is important to Wisconsin issues such as animal-to-human trans- Technical College and Navajo Tech- families deciding which colleges they mission of infectious diseases because nical College. Both of these institu- can afford. I hope that these provisions the curriculum in veterinary medical tions are critical to strengthening trib- can be implemented in a reasonable colleges is significantly different from al higher education and providing the way that addresses the concerns of our that of other health professions. In ad- necessary resources for Indian stu- Nation’s universities while ensuring dition to the basic biomedical sciences that students and their families have dents. and the surgical and medical training access to this valuable information. I have been a longtime supporter of that physicians receive, veterinarians This legislation has broad bipartisan tribal colleges and universities because receive extensive training in popu- support and it is good news that we of the benefits they provide to both the lation medicine. Veterinary colleges were finally able to reach agreement community and the individual student. also provide a broad, multispecies, on this reauthorization of the Higher There are 36 tribal colleges and univer- comparative medical approach to dis- Education Act. The conference report sities throughout the United States. I ease prevention and control, which is Congress is set to pass this week am very fortunate to have 5 of these fundamental to understanding the strengthens a number of existing Fed- tribal colleges in my State of North transmission and life cycle of infec- eral student aid programs and creates Dakota. new programs to boost access to and tious disease agents, especially those that animals share with humans. Tribal colleges and universities offer affordability of higher education for a wide range of accredited programs America’s students who wish to attend Although I hope awareness of the part veterinarians play in promoting from business administration to nurs- college. With the new school year set ing. In addition to college-level to begin in about a month, I hope that public health will improve, I want to note that I am by no means the first courses, tribal colleges and universities the President will quickly sign this also offer high school completion pro- legislation into law and that the De- Government official to recognize the importance of veterinarians in public grams, job training, and college- pre- partment of Education will work to im- paratory courses. plement this legislation in a fair and health practice. Dr. Julie L. Gerberding, Director of the Centers for These colleges and universities are responsible manner. essential to their communities, often Mr. ALLARD. Mr. President, today I Disease Control and Prevention, CDC, serving as community centers, librar- wish to speak about a topic that has noted that, ‘‘Eleven of the last 12 ies, tribal archives, career and business been important to me for some time emerging infectious diseases that we’re centers, economic development cen- the role of veterinarians in safe- aware of in the world have probably guarding the public health. Yesterday, arisen from animal health sources.’’ ters, public meeting places and the Senate passed the Higher-Ed bill CDC estimates that more than 60 per- childcare centers. which contained historic language im- cent of all infectious organisms that Because most tribal colleges and uni- proving veterinary education in this are harmful to people are transmissible versities are located on or near Indian country. This language has important between humans and animals. In addi- reservations, they provide a greater implications for human health. We tion, more than more than 75 percent level of access to higher education for have been overdue to invest in veteri- of newly emerging infectious diseases a group of Native students who would nary medicine as a national asset. fitj into this category and, even more otherwise be unable to attend college. Today, there are only 28 colleges of important, more than 80 percent of bio- Approximately 28,000 American In- veterinary medicine across the Nation threat agents of concern are shared be- dian and Alaska Native students at- which collectively graduate a mere tween animals and man. These are the tend tribally-controlled colleges and 2,500 veterinarians per year. harmful biothreat agents most likely universities across the country. Char- Unfortunately, this number is insuf- to be used in a bioterrorism attack. acteristics of American Indian students ficient to meet demand and leaves our So in closing, I would like to thank enrolled in tribal colleges differ from Nation vulnerable to emerging infec- Senators KENNEDY, ENZI, MIKULSKI, and those of most other undergraduate stu- tious diseases such as west nile virus, BURR for working with me to include dents: Students attending these severe acute respiratory syndrome, this program in the bill. I am grateful schools often come from geographi- SARS, Monkeypox and Avian Influenza for their hard work and support. My cally isolated communities with high although there are numerous other ex- hope is that through this new grant unemployment rates where the average amples of animal-born infectious dis- program, veterinary colleges will be family income is $13,998.00. This is 27 eases, some of which could be used as able to fulfill the needs of the commu- percent below the Federal poverty biological agents in a terrorist attack. nities that they serve and on a na- level. Most students attending tribal

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7862 CONGRESSIONAL RECORD — SENATE July 31, 2008 colleges are the first generation in fering gifts to college officials as a con- renew major programs that ensure our their family to go to college. American dition of making student loans, and re- Nation’s students have access to a col- Indians who earn a bachelor’s degree or quires colleges to adopt a code of con- lege education. higher can expect to earn two times as duct regarding student loans; promotes This important legislation would in- much as those with a high school di- innovative and effective teacher prepa- crease grant aid to our neediest stu- ploma and four times as much as those ration programs for new and prospec- dents, provide new measures to address with no high school diploma. tive teachers; and creates a pipeline for rising college costs, and would reform I am committed to finding ways to high-quality teachers to teach in high- the student loan system so that it bet- strengthen tribal colleges because they need schools by promoting partner- ter serves students. are truly a success story in Indian ships between teacher education pro- Students and their families in Cali- country. The reauthorization of the grams and high-need districts. fornia and nationwide are struggling to Tribally Controlled Colleges or Univer- The bill also makes college a reality pay the growing costs of a college edu- sity Assistance Act is a strong step in for more students with disabilities cation. that direction. through a number of new initiatives, Specifically, this bill will increase Mr. LEVIN. Mr. President, access to including supporting model demonstra- Pell grants from $4,800 to $6,000 for 2009 higher education is increasingly impor- tion projects to make college course and to $8,000 for 2014. Over 625,000 Cali- tant in a competitive, global economy materials more accessible; and expands fornia students rely on Pell grants to afford college. where training beyond a high school and strengthens nursing faculty by cre- It will allow low-income students, for ating a new grant program to help education is frequently required. On the first time, to receive Pell grants nursing schools enroll more students. average, a student who earns a bach- year round, including summer school. Finally, this legislation also includes elor’s degree will earn 70 percent more This will help students complete their a much-needed amendment introduced annually than a student who has only a degree programs more quickly. high school diploma. by Senator DURBIN, which I cospon- It will allow military servicemem- Last year, Congress approved more sored, that creates a targeted student bers to defer payments, interest free, than $17 billion in new Federal aid for loan repayment assistance program on Federal direct loans while they are college students, the largest Federal that will bolster the ranks of attorneys on active duty. Our service men and investment since the GI bill with the in this country’s criminal justice sys- women risk their lives for our Nation enactment of the College Cost Reduc- tem. It will provide up to $10,000 a year and deserve to not have to worry about tion Act of 2007. This was a great vic- in student loan forgiveness for those paying their student loans while they tory for students and families all who will work a minimum of 3 years as are on duty. across America, including my home State or local criminal prosecutors or It will authorize the U.S. Department State. Michigan will receive over $80 as State, local, or Federal public de- of Education to award competitive million in new assistance above the fenders. This would benefit many grants for Teacher Preparation Pro- current $429.8 million for the upcoming young law graduates who want to take grams that help recruit and retain academic year and an additional $689.6 a job as a young prosecutor or public high-quality teachers in high-need million over the next 5 years. defender, but find it difficult to do so schools. However, we still need to do more to because of a mountain of student debt. It will require the U.S. Department help students achieve their goal of at- The need for this amendment is appar- of Education to publish detailed data taining a college education as college ent. Prosecutor and public defender of- about college pricing trends on its cost continues to rise. The legislation fices throughout the country are hav- website to ensure more transparency. before us, the conference report of the ing serious difficulties recruiting and It will simplify student financial aid Higher Education Opportunity Act of retaining qualified attorneys. In a re- forms by creating a new 2-page form 2008, is another major step forward to cent survey, over a third of prosecutor for low-income students, and phase out support students and families in this offices nationwide reported problems the current 7-page form within 5 years. endeavor. It contains several impor- with keeping attorneys on staff. Over It is critical that we help make col- tant policy changes to increase access 60 percent of prosecutor offices that lege more affordable and accessible for to college and help protect students, serve populations of 250,000 or more students at a time when they are tak- families and taxpayers from high col- have reported serious problems with ing on more debt to pay for school. More than half of California students lege cost and unmanageable debt. the retention of attorneys. The story is who graduate from 4-year public col- It expands need-based grant aid fur- the same for public defender offices. leges have debt averaging over $12,000. ther by increasing Pell grants, from Another recent survey found that over Nearly 1 year ago, the President $4,800 to $6,000 for 2009 and to $8,000 for 60 percent of State and local public de- signed into law major legislation that 2014; and allows students, for the first fender offices reported difficulty in at- provides over $17 billion in new grant time, to receive Pell grants year-round, torney recruitment and retention. aid to low-income college students— to help them accelerate the completion When prosecutor and defender offices $2.5 billion of which would go to help of their degrees. The legislation also cannot attract new lawyers or keep ex- California’s students. And the key re- creates the Grants for Access and Per- perienced ones, their ability to protect forms in the renewal of this Higher sistence, GAP, program, a new match- the public is compromised. Caseloads Education legislation before us today ing grant program to allow States to become unmanageable, cases can be de- will further help ensure that college is increase need-based grant aid to stu- layed or mishandled, crimes may go more affordable for our young people dents. This will give a major boost to unprosecuted, and innocent defendants and that they receive the education the 5.3 million students who qualify for may sit in jail. they deserve to succeed. the Pell grant, 182,000 in Michigan. A student’s access to higher edu- Mr. KERRY. Mr. President, edu- The bill enhances and strengthens cation ought not to depend on his or cation is at the core of America’s basic TRIO and GEAR UP, proven programs her family’s income. Working families promise—that all Americans should be that help students, many of whom are and aspiring students across this coun- able to make the most of their poten- first generation college-bound, prepare try are struggling to obtain the finan- tial. for and succeed in higher education. It cial resources to secure a college edu- Every young person should graduate expands required activities with a spe- cation. Low and middle income stu- from high school, and every young per- cial focus on improving students’ fi- dents who have managed to enter and son who works hard and wants to go to nancial and economic literacy, and en- stay in college are graduating with un- college should be able to afford it. And courages student enrollment in chal- precedented levels of debt. This legisla- all Americans should be able to get the lenging secondary coursework and pro- tion, coupled with the legislation Con- skills they need to succeed throughout fessional development. gress passed last year responds to this their lives. The legislation also replaces the crisis. Today, I am supporting the Higher complex, 7-page Free Application for Mrs. FEINSTEIN. Mr. President, I Education Opportunity Act conference Federal Student Aid, FAFSA, with a 2- rise in support of the Higher Education report because it will advance key re- page EZ-FAFSA; bans lenders from of- Opportunity Act of 2008 that would forms that will address the soaring

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7863 price of a college education and remove West Virginians has increased only 13 students in and through- obstacles that make it harder for quali- percent. Additionally, the percentage out the country. This bill also encour- fied students to attend college. This of higher education that is paid for ages public service and puts a new em- legislation is an important step for- with grants has decreased signifi- phasis on science and math, causes ward for students and their families. It cantly, from 77 percent in 1975–1976 to that I have long promoted. This is an will help reduce their college costs and just 20 percent in 2004–2005. important bill and I commend my col- will help expand the future growth of The Higher Education Act before us leagues and the leadership for forging our economy. today will modernize the financial aid bipartisan consensus to enact this leg- This legislation would not have been system. The act will revitalize title IV islation that should inspire students to possible without the leadership of Sen- loans, including Pell grants. Pell pursue their dreams of a higher edu- ator EDWARD M. KENNEDY who has tire- grants help over 35,000 West Virginia cation. lessly dedicated his time in the Senate students attend college, a value of $92 Mr. AKAKA. Mr. President, today, I to helping children and their families million annually. An increase in assist- was pleased to vote in favor of the con- gain increased access to education. It ance is needed to help students cope ference report to accompany the Col- is another victory for Senator KEN- with the rising cost of tuition. The bill lege Opportunity and Affordability NEDY, whose record of achievement in will invest $20 billion to improve Pell Act, H.R. 4137. I congratulate my col- the Senate has helped benefit the lives grants. The loan amount will increase leagues, particularly my good friend, of virtually every man, woman and approximately $500 next year, and in Senator KENNEDY, for their dedication child in the country. As we adopt this 2012, the maximum Pell grant should and bipartisan efforts in moving this legislation, I want Senator KENNEDY to be $5,400. These improvements will vitally important legislation forward. know that we miss him, that we are allow more low-income students to It is imperative during these difficult thinking of him as he recovers from his have the opportunity to pursue higher economic times, to do all that we can illness and we congratulate him on this education that before would have been to help students achieve their edu- important accomplishment. out of their reach. cational goals by making college more The Higher Education Opportunity An important provision in the act accessible and more affordable. This Act will hold colleges more account- will protect students by giving them legislation will assist students and able for increasing costs and will sim- greater access to information about their families in Hawaii and across the plify the federal financial aid applica- their loans by requiring student loan Nation by, among other things, simpli- tion process. The legislation will make providers to be up front about terms fying the Federal financial aid applica- textbook costs more manageable for and rates. This new law will reduce in- tion process, increasing the amount of terest rates on Federal student loans, students by helping them plan for text- Federal grants to students and their allowing students to graduate college book expenses in advance of each se- families who need them most, pro- with less debt and on a stable financial mester. It will increase college aid and viding more authority to regulate pri- foundation. The law even addresses the support programs for veterans and vate student loan lenders engaged in real concern about the rising costs of military families. This legislation will predatory practices, and holding col- textbooks with balanced provisions to ensure equal college opportunities and leges accountable for growing tuition disclose prices. fair learning environments for students rates. The act would also increase TRIO As chairman of the Veterans’ Affairs with disabilities. It includes new meas- funding and provide better tools to en- ures to curb unethical practices in the Committee and a senior member of the courage high school students to apply Armed Services Committee, I was also student loan industry, increasing fed- for college. Every year, I meet with eral grant aid to our neediest students, pleased to support this legislation TRIO leaders and students from across which will make higher education and strengthen college pipeline pro- the state of West Virginia about the more accessible for the men and grams. importance of this program. The High- women who have volunteered to pro- The Higher Education Reauthoriza- er Education Reauthorization Act al- tect and defend our Nation. It includes tion Act will help ensure that all lows our dedicated TRIO counselors to a provision allowing the members of Americans can make the most of their focus on tutoring, college exam prepa- our Armed Forces to defer their pay- God-given talents. Educating our chil- ration, and assisting students with ap- ments, interest free, on Federal Direct dren is a key part of ensuring a strong plication and financial aid applica- Loans while they are on Active Duty economy in the future. It will help tions. West Virginia has 30 TRIO pro- and making reenrollment easier for make college affordable for all and ex- grams which will benefit by the in- service members who left college to pand lifelong learning. I urge my col- crease in the grant duration and fund- leagues to support this legislation. ing. This increased support, will better join the military. It also benefits the Mr. ROCKEFELLER. Mr. President, I enable the 8,000 plus West Virginian families of our soldiers and sailors who wanted to affirm my support of the TRIO students to reach their potential have also sacrificed so much. First, by Higher Education Act, which will help in high school, and achieve their goal providing new scholarships for the chil- many young Americans realize their of pursuing higher education. dren and family members of service dream of a college education. Another vital part of this legislation members who have died since 9/11. And, As president of West Virginia Wes- is the emphasis it places on sciences second, by providing instate tuition for leyan years ago, I saw firsthand that and mathematics. The greater assist- members of the military and their de- given the opportunity, student will ance and grant money going to stu- pendents who have lived in a state for perform to the highest degree. Our goal dents who study science and mathe- more than 30 days. as legislators should be to provide matics, will ensure that our Nation has This legislation also incorporates quality, affordable education for every a group of educated individuals who are several provisions which will specifi- American. While we have done a good ready to handle future challenges. cally benefit students in Hawaii. These job giving high school students the op- To support our troops and their fami- include the authorization of the cre- portunity to attend higher education, lies, this legislation allows service ation of the Henry Kuualoha Giugni the time has come to do more to make members to defer payments on loans, Kupuna Memorial Archives at the Uni- it affordable. and stop interest on Federal direct versity of Hawaii as a repository for Tuition rates have steadily increased loans while they are on active duty. It Native Hawaiian historical artifacts over the last few years while our Na- will ensure that military benefits do and the expansion of authorized grant tion’s financial aid programs have not count against service members’ eli- programs for Native Hawaiian Institu- failed to keep up, causing college stu- gibility for Federal grants and loans tions to include education designed to dents to graduate with higher amounts they need to pay for college. It will improve financial literacy. It also of debt than ever before. In West Vir- provide for easy reenrollment for serv- clarifies that Native Hawaiians and ginia alone, the cost of college edu- ice members when they return from other Pacific Islanders are eligible for cation has increased at least 30 percent duty and go back to school. the Federally funded McNair Scholars since the 2000–2001 school year, while The Higher Education Reauthoriza- Program. In addition, it benefits our the median family income of most tion Act will provide opportunity to State by authorizing the development

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7864 CONGRESSIONAL RECORD — SENATE July 31, 2008 and expansion of programs to improve commitment to higher education. Until we put this provision in, students science, technology, and mathematics While statehouse budgets are undoubt- couldn’t go on Amazon and other education specifically focused on meet- edly strained in these difficult eco- places to find discounts. Now they will ing the educational and cultural needs nomic times, I am hopeful that these be able to. They will have the informa- of Native Hawaiian students. efforts will not result in a reduced tion so they can search for the most af- Today, more than ever, a college edu- State commitment to making sure fordable books. We make the publisher cation has become a key to future op- that a college education is affordable. I split up the books into pocket parts portunities and financial stability. A am concerned, along with students and and CDs so they don’t bundle them to- student who desires to attend college college administrators in my own gether, and students can buy only what should not have to delay or give up State, about harmful budget cuts to they really need. their dreams of a higher education be- colleges and universities in Nevada. Secondly, I have been working for cause of the cost. The Federal Government is doing its years with my friends who are prosecu- With the passage of this bill today, part for students, and I hope State gov- tors and public defenders. Kids grad- we are helping students achieve this ernments will continue to do the same. uating from law school today have a dream and I applaud its passage. Now, To further assist students, the bill mountain of debt. They can’t afford, it is time for the President to sign this authorizes an increase in the maximum usually, to take a job as a young pros- critically important bill into law and Pell grant to $6,000 in 2009 and $8,000 by ecutor or public defender. We have a make it a reality. 2014, and makes it available to college student loan forgiveness program in Mr. REID. Mr. President, last year, students year-round, instead of just here. It went through the Judiciary as Democrats took control of the Con- during the traditional academic year. Committee, now through the HELP gress, we made college affordability This is particularly important for low- Committee. It will provide up to $10,000 and access one of our top priorities. income, nontraditional students in Ne- a year in student loan forgiveness for In the fall, we completed work on the vada—those juggling college, jobs and a those who will work a minimum of 3 first part of that promise—the College family—or for those students at com- years. That is the way to build the pro- Cost Reduction and Access Act. This munity colleges taking summer fessionals we need as both prosecutors landmark legislation provided nearly courses so they can finish their de- and defenders. It is the John R. Justice $20 billion in new student aid and bene- Act. It is one that will help our Nation fits, including a significant increase to grees. Additionally, to help low-income and the Pell grant and a reduction in stu- and help the enforcement of law all first generation students, this legisla- dent loan interest rates, which went across the country. tion strengthens the GEAR UP and I also have a provision to help cam- into effect last month, providing a tan- TRIO programs, programs which have puses deal with insecurity and ter- gible benefit to college students across rorism. We have seen too many in- this country. helped thousands of young Nevadans It’s been a full decade since the Con- achieve their dream of a college degree. stances of violence on campus. This gress last reauthorized the Higher Edu- A final point I want to highlight is will provide for coordination on cam- cation Act. Today, as a result of a the simplification of the federal finan- puses to develop plans to keep their strong bipartisan effort, we take up the cial aid form—the FAFSA. Currently students safe. That is something every final piece of our commitment to make seven pages long and probably more parent wants to feel when they leave a college education more affordable complicated than filling out a tax re- their kids at school. and accessible. turn, the bill creates a two-page These are all steps in the right direc- Among other key provisions, this ‘‘EZFAFSA’’ for low-income kids, and tion. I thank all those who worked on conference report addresses the scan- phases out the current form within five this bill. Most of us in the Senate dals that have tainted the student loan years. This will help get federal aid to would say flat-out we wouldn’t be here industry. Through increased disclosure the students that need it most. today were it not for higher education. requirements, a prohibition on pay- While Senator KENNEDY and ENZI, It has become a more difficult chal- ments and gifts from lenders to col- and the entire HELP Committee de- lenge for today’s students. This bill is leges and financial aid administrators, serve enormous credit for their work to going to give those students a helping and new restrictions on preferred lend- move this legislation forward in a bi- hand. I will be happy to cast my vote er lists, we are finally putting an end partisan way, I also want to thank my in favor of it. to these unacceptable practices, and friend from Maryland, Senator MIKUL- I yield the floor. making sure that the student loan sys- SKI, who stepped into some very big The PRESIDING OFFICER. Who tem works in the best interests of our shoes with Senator KENNEDY’s absence, yields time? students. to help get this bill across the finish Ms. MIKULSKI. Mr. President, how Just as importantly, the Higher Edu- line. much time do I have? cation Opportunity Act tackles the ris- Combined with our efforts last year, The PRESIDING OFFICER. The Sen- ing costs of college. Despite the bil- passage of the Higher Education Oppor- ator has 4 minutes. lions in new student aid and benefits tunity Act reaffirms our commitment Ms. MIKULSKI. I yield 3 minutes to we approved last year, if college costs to making sure higher education is af- the Senator from Connecticut, who continue to rise at the rate they have fordable and accessible for students also chairs the Banking Committee. On been—nearly tripling over the past 20 across America. behalf of all of us who worked on this years—higher education will continue The PRESIDING OFFICER (Mr. bill, I thank Senator DODD for helping to remain further and further out of SANDERS). Who yields time? us resolve some very serious issues reach for too many Americans. Ms. MIKULSKI. I yield the Senator that existed between the Banking and I am pleased that students in Nevada from Illinois 3 minutes. Education Committees on the student have the good fortune of a state univer- Mr. DURBIN. I thank the Senator loan issue. His steadfastness and work sity system with some of the lowest from Maryland. What a great job she with Senator SHELBY actually helped tuition costs in the nation. But the did pinch hitting for our friend TED us bring this bill to the floor. I thank same is not true everywhere and this KENNEDY, with Senator ENZI, bringing him. bill will hold colleges and universities this bill to the floor tonight and the Mr. DODD. Mr. President, let me re- accountable if their costs increase too conference report. There are three or turn the compliment by commending dramatically. It also ensures that stu- four provisions in here I worked hard our colleague from Maryland, who has dents and parents have the information to include, and I think they are going taken on the Herculean task in the ab- they need to make objective decisions to help provide an affordable college sence of our colleague from Massachu- based on the cost of college, and at- education. setts, of shepherding, along with Sen- tempts to rein in the high cost of text- You would be surprised to know that ator ENZI, this very important piece of books, by requiring greater disclosure about one-fourth of the expense that legislation. My compliments to MIKE of prices and purchasing information. college students face when they go to ENZI, the Republican leader on this On the issue of costs, the Federal college is for textbooks. Textbooks issue, along with BARBARA, and the Government has raised the bar in its cost twice as much as ordinary books. House leaders—GEORGE MILLER, with

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We tried to pass legisla- who has dedicated his life to working measure, and then they are required to tion dealing with low-income energy families. This bill is yet further testi- measure. I have noticed over the years assistance. I remind my colleagues, the mony to his commitment to those con- that there are a number of agencies Presiding Officer led the effort on that stituencies, the people of this country. that are actually failing their own issue, and we will come back to it. We have missed him terribly lately, evaluations. We never do anything Education costs are critical to ad- but he had a champion in the Senator with that, which is another challenge. dress. This bill is sweeping in its re- from Maryland. If I had to pick one Our country is being challenged forms, making a difference for average person to replace TED KENNEDY, I today, and it is a challenge we cannot Americans and their families to deal would choose BARBARA MIKULSKI every afford to lose. We are engaged in a race with those costs and allow them to day of the week. She did a fabulous job for knowledge and skills, and the na- achieve the goal of a higher education, on behalf of students and their fami- tion that wins will have a head start on which not only has tremendous advan- lies. We thank her immensely. I know building a stronger economy. The solu- tage for them individually but for us, my friend from Massachusetts is tion to this challenge is to make a col- as a country. It is a small price to pay watching tonight, and he thanks her as lege education more accessible, afford- for the reward we receive. The GI bill, well. able, and accountable for all Ameri- which was adopted during World War I yield the floor. cans. That is what we are trying to do II, is another example of this sort of ef- The PRESIDING OFFICER. Who in the Higher Education Opportunity fort, providing 8 million Americans yields time? Act. benefits. Over the years it cost a lot of The Senator from Wyoming. In this era of rising college costs, money, but the benefit to our country Mr. ENZI. Mr. President, may I ask students and families must have good has vastly exceeded the cost of that how much time I have? information to use when making deci- program. This bill is like that one in The PRESIDING OFFICER. The Sen- sions about which college to attend, many ways. This bill is not inexpen- ator has 15 minutes. how to finance their college education, sive, but it provides benefits to our Mr. ENZI. Mr. President, I won’t use and how to manage their student loans country. nearly that much time, and I would be once they are out of college. This I am particularly proud of a number happy to share with my colleague, if agreement is about good information, of provisions. One is the Pell grant in- she wants to make some closing re- sunshine, and transparency. College is crease, up to $8,000, which will help us marks as well. no longer an option. It is a necessity. in dealing with the cost of a public edu- I rise to summarize why the Higher Most good jobs today require some col- cation, though not close enough when Education Opportunity Act is a major lege. I want to make sure everyone has it comes to private education. The victory for America’s students and access to the education and training Patsy Mink Fellowship Program, their families and for our future eco- they will need to be successful in the which I am proud to have authored, nomic security. Simply put, it ensures global economy. This legislation gets creates scholarships and makes it pos- that a college education, which is the us much closer to that goal. sible for young women and minorities gateway to the future for working fam- I am pleased to say that with the to become college professors, and ad- ilies and for businesses, will be within passage of this agreement, we will have dressing the very small number of their reach in the years to come. completed the work of two of the four women who are providing a college I thank those who have made their pieces that make up Federal education education. The provisions designed to comments earlier: the Senator from and training policy. get colleges and universities to control Oklahoma, Mr. COBURN, and the Sen- Late last year we finished Head their costs, including both trans- ator from Tennessee, Mr. ALEXANDER, Start. Today we will finish higher edu- parency and incentives for schools who who pointed out some things that still cation. We still have more work to do succeed in this endeavor. I am also need to be done in the area of higher because we must reauthorize and im- proud of the improvements we have education. It would have been nice to prove the Workforce Investment Act so made to TRIO and GEAR-Up and the have been able to do them in the bill. that our workers have the skills they expansion of child care in this bill. One of those is deregulation. If we need to be successful in an increasingly Lastly, as my friend and colleague have that much paper, that many bil- skill-driven economy. That leaves re- from Maryland pointed out, the inclu- lions of dollars’ worth of paper that authorizing No Child Left Behind to sion of the Private Student Loan need to be done, it is time for us to ap- complete our education task. Transparency Improvement Act, which point a task force to evaluate their Mr. President, as this debate on this Senator SHELBY and I, along with 19 usefulness. I did that with some of the legislation comes to a close, it is nec- other members of the Banking Com- elementary education issues the first essary to thank those who have worked mittee authored unanimously, will year I was here, and we found that long and hard on this bill. First and make a difference when it comes to every single paper that was submitted foremost, I thank Chairman KENNEDY protecting student borrowers from ex- to the Department of Education was for his commitment to keeping this cessive debt. These provisions require looked at to be sure that every blank process bipartisan, and working with lenders to provide more accurate and was filled in and every ‘‘t’’ was crossed me and all of my Republican colleagues timely information to their customers and every ‘‘I’’ was dotted. Our dis- on the HELP Committee throughout about interest rates, terms and condi- appointment was that they were then this entire process, lately by telephone, tions of their private loans, and pro- filed away and nobody made any use of but with the same passion and enthu- hibits documented private student them. siasm. lending practices that have harmed We were able to get rid of some of I also thank Senator MIKULSKI for students and their families, keeping those forms. Obviously, this is an even taking the helm and getting us to the them from obtaining the most com- bigger opportunity. finish line when others might have petitive and affordable student loans. The Senator from Oklahoma pointed given up. The bill also ensures that private out the lack of metrics for progress in Because this has been a bipartisan, lending is done on the fairest and most these areas. Although there are new bicameral process, I want to thank our transparent terms. It prevents kick- programs, past experience has been House counterparts—Chairman MIL- backs and co-branding that may allow that many of them do not get funded LER, Ranking Member MCKEON, Con- steering of students to specific lenders, because they have to come out of dis- gressman HINOJOSA, and Congressman and it guarantees borrowers time to cretionary funds. They are good ideas KELLER—for their commitment to consider their options and shop around that probably will never happen. But it working with us to find ways to reach

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Additionally, I thank all of the other versity Women, American Association of There are many other Members I HELP Committee staff for their hard School Administrators, American Associa- tion of Colleges of Teacher Education, Ca- wish to thank for contributing the work throughout this process, espe- reer College Association, Council of Grad- time and effort they did to make sure cially David Cleary and Sarah Rittling uate Schools, National School Board Asso- we were putting together good policy. of Senator ALEXANDER’s subcommittee ciation, National Association of Student Fi- It is difficult to single out just a few. I staff. Also deserving thanks are our nancial Aid Administrators, National Asso- have to immensely thank every single Republican Members’ staff, including ciation for the Education of Young Children, Senator who is on my committee, both Allison Dembeck, Celia Sims, Glee New York State Education Department, Uni- Republican and Democrat. That is Smith, Karen McCarthy, Juliann versity of North Carolina, California State Andreen, Alison Anway, John van University, Midwestern University, Student where we share ideas. That is where Loan Servicing Alliance, and National HEP/ most of the changes in the bills are Meter, and Elizabeth Floyd, as well as CAMP Association. made. That is where people are able to their Democratic staff counterparts. Hispanic Education Association, Center for get together and debate at length their Also, I thank Scott Raab from Senator Law and Social Policy (CLASP), Direct Loan ideas for how to make things better. MCCONNELL’s office and Jim Johnson in Coalition, Massachusetts Institute of Tech- And we do. Senator SHELBY’s office for helping us nology, Endicott College (MA), College Sum- mit, Motion Picture Association of America, I thank Senators ALEXANDER, BURR, work through some of the more dif- National Association of College Stores, and COBURN for their comments. They ficult issues in the negotiations. Also deserving my gratitude is the Legal Action Center, EdInvest, International have disagreements on some of the key University of Nursing, St. George’s Univer- issues in the conference report, but, House staff, including Mark Zucker- sity School of Medicine, University of Phoe- nonetheless, they continued to work to man, Alex Nock, Gabriella Gomez, nix, Massachusetts Educational Opportunity reach a resolution and improve the Julie Radocchia, and Jeff Appel with Association, St. Matthew’s University, and final product. Chairman MILLER’s staff, and Sally Saba University School of Medicine. There are many congressional staff Stroup, James Bergeron, and Amy Ms. MIKULSKI. Mr. President, I too who worked on this conference report. Jones with Congressman MCKEON’s thank the very hard-working staff on The breadth and importance of the staff. this bill. There have been many com- issues, not to mention the length of the Also, with any piece of legislation pliments of me tonight, but I could not legislation, requires many people that we draft, we should not forget the have done what Senator KENNEDY working many hours to get it done. Ac- legislative counsels in both bodies who asked me to do without the very able tually, it is not only many hours or worked tirelessly to put the 1,500-page help of Senator KENNEDY’s staff. Sen- many days or many weeks or many agreement together. They are Steve ator ENZI articulated them by name, months—but this one has been many Cope, Molly Lothamer, Mark Koster, but especially Mike Myers, Carmel years. Kristin Romero, and Amy Gaynor, who Martin, JD LaRock, and others. I could I have always said I have a staff wor- also deserve to be recognized. not have done it without them. Also, I It has been 10 years since the last thy of gold medals, and my staff who say to Senator ENZI, we could not have major reauthorization. I believe it was worked on this bill have shown their done this without you. I worked with worth the time and the effort to get it gold medal status once again. I must you on pensions and I knew how solid to this point. The changes we make first acknowledge and thank Beth our relationship was and how carefully today will affect today’s students and Buehlmann, my education policy direc- you pursue these matters. Senator students for generations to come. KENNEDY said you were a prince of a tor. It is no exaggeration to state that I yield the floor and yield the re- guy to work with, and he was abso- without Beth, I do not think there mainder of my time to the Senator lutely right. I extend my thanks to you would be a Higher Education Act reau- from Maryland. thorization today. That is what I hired The PRESIDING OFFICER. The Sen- and to your professional staff as well. There were also other Democrats who her for several years ago. She truly was ator from Maryland. the force to start the reauthorization Ms. MIKULSKI. Mr. President, I worked on the bill on our side—two 1 who could not speak tonight, but I ac- 3 ⁄2 years ago. She worked tirelessly to thank the Senator from Wyoming. ensure that we drafted a bill to reflect We are now heading to our wrap-up. knowledge the very hard-working role the changing nature of our student Mr. President, I ask unanimous con- of Senator OBAMA, who was a very ag- bodies, as well as to ensure that we, as sent that a list of 48 letters in support gressive advocate on many of these a nation, will maintain our status as of the bill be printed in the RECORD. issues, along with Senator CLINTON. having the best education system in They range from the American Asso- Mr. President, I ask unanimous con- the world. ciation of State Colleges and Univer- sent that a list of the staff thank-yous Her team of Ann Clough, Adam sities, to the United States Student As- be printed in the RECORD so we do not Briddell, Kelly Hastings, and Lindsay sociation, to the Chamber of Com- forget one person who helped make this Hunsicker is comprised of remarkable merce, and many others. legislation possible. individuals who brought their talents There being no objection, the mate- There being no objection, the mate- and knowledge to the forefront in this rial was ordered to be printed in the rial was ordered to be printed in the bill. RECORD, as follows: RECORD, as follows: I also thank my staff director, Ilyse LETTERS OF SUPPORT RECEIVED FOR HIGHER LIST OF STAFF THANK-YOU’S FOR HEA Schuman, and Greg Dean, Amy Shank, EDUCATION OPPORTUNITY ACT Senator Kennedy: Michael Myers, Carmel Randi Reid, John Hallmark, and Ron American Association of State Colleges Martin, J.D. LaRock, Erin Renner, Missy Hindle, who also put in many hours and and Universities, State Higher Education Ex- Rohrbach, Emma Vadehra, Jennie Fay, Shawn Daugherty, Michael Zawada, Roberto added invaluable input into this bill as ecutive Officers (SHEEO), U.S. Public Inter- est Research Group/United States Student Rodriguez, David Johns, Jane Oates. well as the overall process. Senator Enzi: Ilyse Shuman, Greg Dean, I also thank members of Senator Association, United Negro College Fund, As- sociation of Jesuit Colleges and Universities, Beth Buehlmann, Ann Clough, Adam KENNEDY’s staff for their hard work: Council for Opportunity in Education, Briddell, Lindsay Hunsicker, Aaron Bishop, Michael Myers, who has been tireless Thurgood Marshall College Fund, National Kelly Hastings. Chairman Miller: Mark Zuckerman, Alex on this and has provided the kind of Association for Equal Opportunity in Higher Nock, Gabriella Gomez, Julie Radocchia, leadership that coordinated it through Education (NAFEO), National Council for Jeff Appel. some of these difficult times; Carmel Community and Education Partnerships Ranking Member McKeon: Sally Stroup, Martin, the expert on education; JD (NCCEP), National Council of La Raza, Na- Amy Jones. LaRock; Missy Rohrbach, who, inciden- tional Education Association, American Fed- Senator Dodd: Mary Ellen McGuire, Jer- tally, had twin babies today, a boy and eration of Teachers, American Indian Higher emy Sharp. Education Consortium, National Down Syn- a girl. It is my understanding she is Senator Mikulski: Julia Frifield, Dvora drome Society/National Down Syndrome Lovinger, Robin Juliano. doing well. She worked while pregnant Congress, National Federation for the Blind, Senator Harkin: Rob Barron. and helped to get this pregnant bill and Consortium for Citizens with Disabil- Senator Bingaman: Michael Yudin, done. I also thank Erin Renner, Ro- ities. Michele Mazzocco.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7867 Senator Murray: Kathryn Young. dream, you should not be barred from Without objection, it is so ordered. Senator Reed: Seth Gerson. it because of the size of your wallet. Mr. DURBIN. Mr. President, if I Senator Clinton: Mildred Otero, Latoya Your dream should only be shaped by Johnson, Chelsea Maughan. could have the attention of the Mem- Senator Obama: Steve Robinson. the size of your talents. bers, there will be two votes at 8 Senator Sanders: Huck Gutman. I think this bill today, tonight, will o’clock. Senator Brown: Will Jawando. advance this whole freedom to achieve, Senator Gregg: Allison Dembeck. this opportunity ladder for our young f Senator Alexander: David Cleary, Sarah people. I am very honored to partici- Rittling. pate in it. I am very honored Senator CONSUMER PRODUCT SAFETY Senator Burr: Celia Sims. KENNEDY asked me to take on this con- Senator Isakson: Glee Smith. ference. But we could not have ad- MODERNIZATION ACT—CON- Senator Murkowski: Karen McCarthy. FERENCE REPORT Senator Hatch: Juliann Andreen. vanced this idea without Senator TED Senator Roberts: Alison Anway. KENNEDY. The PRESIDING OFFICER. The Senator Allard: Jon VanMeter. Senator TED KENNEDY is a giant in clerk will lay before the Senate the Senator Coburn: Elizabeth Floyd. this institution and in this country. conference report. Senate Banking Committee: Senator Dodd: His whole life has been devoted to ac- The legislative clerk read as follows: Shawn Maher, Amy Friend, Roger Hollings- cess to opportunity, access to edu- worth. cation, access to health care, that The committee of conference on the dis- Senator Shelby: Jim Johnson. agreeing votes of the two Houses on the Senate Budget Committee: Robyn there be no barriers in the area of civil rights where people were sidelined or amendment of the Senate to the bill (H.R. Hiestand. 4040), to establish consumer product safety Senate Legislative Counsel: Mark Koster, redlined. standards and other safety requirements for Amy Gaynor, Kristin Romero, Laura Ayoud. So tonight, as we move to the adop- children’s products, having met, have agreed House Legislative Counsel: Steve Cope, tion of this bill, I say to my colleagues that the House recede from its disagreement Molly Lothamer. here, I urge the adoption of this bill. to the amendment of the Senate and agree to Congressional Budget Office: Debb I want Senator KENNEDY to know the same with an amendment and the Senate Kalcevic, Justin Humphrey. many of us today, and while he has agree to the same, signed by all of the con- Ms. MIKULSKI. Mr. President, I also been recovering from his illness, have ferees on the part of both Houses. thank our colleagues in the House. worn these blue armbands. They say: The PRESIDING OFFICER. Without Congressman MILLER and Congressman ‘‘Ted Strong.’’ Well, we know Ted is objection, the Senate will proceed to MCKEON were absolutely stalwarts in strong. the consideration of the conference re- working with us. Congressman MILLER So, Ted, this is for you tonight. port. and I had daily conversations on how Mr. President, I ask for the yeas and to move this bill forward, and it was nays on the adoption of the conference (The conference report is printed in both fruitful and productive, and what report. the House proceedings of the RECORD of the Congress should be. The PRESIDING OFFICER. Is there a July 30, 2008.) A word about working with my col- sufficient second? The PRESIDING OFFICER. The Sen- league, Senator ENZI. We had disputes. There appears to be a sufficient sec- ator from Hawaii is recognized. We had issues. We had things that had ond. Mr. INOUYE. Mr. President, I rise to be worked out. You heard some of The yeas and nays were ordered. today to urge my colleagues to support them this evening from the Senator Ms. MIKULSKI. Mr. President, I un- the conference report for H.R. 4040, the from Oklahoma, the Senator from Ten- derstand that the actual vote on the Consumer Product Safety Improve- nessee. But at the end of the day, the conference report will occur at a time ment Act of 2008. day was over. We would be able to work to be determined by our leadership. Today is a great day for American and follow that kind of Ronald Reagan- Mr. President, I yield the floor. families. This bill is the first step to- Tip O’Neill rule that when the day was I suggest the absence of a quorum. ward revitalizing an important safety over, the dispute was set aside. We The PRESIDING OFFICER. The agency and restoring confidence in the went home and thought about what we clerk will call the roll. safety of consumer products for years could do to move this bill. The legislative clerk proceeded to to come. I wish the whole Senate could work call the roll. the way we worked on this bill, start- Mr. DURBIN. Mr. President, I ask Media reports and consumer advo- ing with Senator KENNEDY’s leadership, unanimous consent that the order for cates have called this bill the most im- and Senator ENZI’s, as they held the the quorum call be rescinded. portant consumer product safety legis- hearings, listened to us, and included The PRESIDING OFFICER. Without lation in a generation. I call it legisla- us. We need to do more bipartisan objection, it is so ordered. tion that is long overdue. The Con- work. When all is said and done, we ORDER OF PROCEDURE sumer Product Safety Commission— have to start doing things and less say- Mr. DURBIN. Mr. President, I ask Commission—is a small agency with an ing things. Because one of the great unanimous consent that the conference exceptionally broad and important things I like about this bill is it report to accompany H.R. 4137 be set charge, as the name suggests, the pro- achieves a very important American aside; and the Senate now proceed to tection of consumers, particularly chil- freedom. the conference report to accompany dren from dangerous products. The Our Constitution explicitly guaran- H.R. 4040, the Consumer Product Safe- Commission is responsible for ensuring tees many rights: the freedom of ty Commission Act; there be debate on that the more than 15,000 products—ev- speech, the freedom of assembly, the the conference report until 8 p.m. this erything from infant cribs to all-ter- freedom of religion, the freedom of evening, with the time equally divided rain-vehicles—are safe to use. Every press. But implicit in our Constitution, and controlled in the usual form; that year, more than 28,000 Americans die our Declaration of Independence, and at 8 p.m. the Senate proceed to vote on and an additional 33 million are injured all of our documents, all of our beliefs, adoption of the conference report to ac- by consumer products. These numbers and all of our values, is we believe in company H.R. 4040, that upon disposi- are too high, and an effective CPSC the freedom to achieve, that in the tion of that report, the Senate then re- with increased funding, staff, and au- United States of America you can be sume the conference report to accom- thority is essential to reducing these anything you want to be, and you have pany H.R. 4137 and the Senate proceed losses. access, and should have access, to an to vote on adoption of the report, with- I am very pleased that many of the opportunity ladder that enables you to out further intervening action or de- key provisions which originated in the participate in the American dream. bate; that prior to the second vote, Senate, such as the searchable data- We are a country whose values say: there be 2 minutes of debate equally di- base, whistleblower protection, Dream about what you can be and vided and controlled in the usual form. phthalates restrictions, mandatory toy dream about what you can contribute. The PRESIDING OFFICER. Is there safety standards, and all-terrain vehi- And when you want to follow that objection? cle safety standards were included in

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7868 CONGRESSIONAL RECORD — SENATE July 31, 2008 the final bill. Several of these initia- timely and successful conclusion. The Mr. President, I urge the adoption of tives faced significant initial opposi- Senate conferees worked countless this conference report, and I look for- tion from the administration, industry, hours since the passage of the Senate ward to the President signing this and indeed, from the chair of the Com- amendment last March. Senator PRYOR landmark measure into law. mission itself, and I am pleased that we authored the original Senate bill re- Mr. STEVENS. Mr. President, I have come together in the House and ported by the Commerce Committee, thank my house and senate colleagues the Senate to overcome these chal- which became the backbone of the Sen- for their hard work and dedication lenges. ate amendment to H.R. 4040. His stew- these past months as we have worked H.R. 4040 restores needed resources ardship and attention to the details of for a bipartisan, bicameral consumer and authority to the Commission. this bill were essential to negotiating product safety bill. This is a product of Starting in fiscal year 2010, the bill the conference report with the House. I a bipartisan effort in both chambers would authorize $626 million over a 5- also commend my good friend Senator and I am proud to have been a part of year period to provide the agency the TED STEVENS. Without his guidance it. This final product will provide es- manpower and the technology it needs and support, the Senate amendment sential resources to a commission to police a complex consumer market- would not have passed, and we would badly in need and help ensure the safe- place. The legislation would restore the not have this groundbreaking legisla- ty of our children from hazardous prod- CPSC to a full complement of five tion before us today. ucts. Commissioners in order to expand ex- I would also like to recognize several The number of toys coming from pertise, maintain continuity and avoid Senators who were not conferees for overseas has increased greatly, while the losses of quorum that have plagued their contributions to the original Sen- the resources of the Consumer Product the agency in recent years. ate amendment and for working with Safety Commission have decreased. In addition, State attorneys general the conference committee on the provi- The result is unsafe products making gain clear authority to bring civil ac- sions they championed in the Senate. their way to our store shelves and into tions to seek injunctive relief for clear Senator NELSON was the leader in our homes. We all remember the wave violations of statutes enforced by the crafting mandatory toy standards and of recalls last year. Passage of this bill CPSC. Creating a joint enforcement re- the independent third party testing will help assure consumers that prod- lationship with the states has proven mandate in the Senate bill. Senator ucts are safe. to be successful in the area of con- MCCASKILL’s work on the whistle- This bill provides the commission sumer protection, and this collabora- blower and the inspector general provi- with $626 million over the next five tion would provide CPSC a strong part- sions helped convince the conferees to years and directs it to significantly in- ner to help protect American families provide whistleblower protections to crease the number of staff, also adding in a meaningful way. millions of workers in the consumer to the number of CPSC employees sta- H.R. 4040 would require manufactur- products sector. Finally, Senator FEIN- tioned at our ports of entry inspecting ers to use independent labs to test chil- STEIN’s amendment to ban certain products for safety defects. dren’s products and to certify their phthalates from children’s products In addition to these increased re- compliance with mandatory safety was the foundation of the compromise sources, the CPSC will have greater au- standards, including the mandatory provision that was ultimately accepted thority to punish violators of its stat- toy safety standard established in the by the conference. utes. The amount the CPSC can collect bill. This new toy standard would pro- I thank my friend Congressman JOHN in civil penalties for a single violation vide the CPSC with necessary enforce- DINGELL, the chairman of the House will be raised to $100,000, with a max- ment tools to keep dangerous toys out Energy and Commerce Committee, who imum penalty cap of $15 million. And, of the hands of children. has shown his legislative skill and care as a way to ensure compliance, state Essential and groundbreaking provi- for the American people for more than attorneys general will have authority sions that will improve the health of 50 years. His partnership with me this to enforce particular violations of every child include the bans of lead and Congress has led to the passage of two CPSC statutes, including violations of certain phthalates from children’s monumental bills. We worked together consumer product safety rules, regula- products. Dangerous substances have to increase fuel economy standards last tions, standards, and bans, as well as no place in children’s products. This December, and to reform the Consumer product recalls. legislation provides a significant shift Product Safety Commission today. I am pleased that the all terrain ve- in policy in favor of children and. Chil- The conference committee staff have hicle (ATV) provision that I included in dren have no business being used as labored on a nonstop basis since May. I the Senate-passed bill remains in this guinea pigs or becoming victims of the want to thank David Strickland, Alex final bill. For many Alaskans ATVs are expediency of the manufacturing proc- Hoehn-Saric, Jana Fong-Swamidoss, the primary means of transportation in ess. Mia Petrini, and Jared Bomberg of my the summer. More than a third of the Our bill also would provide better in- Commerce Committee staff for a job ATVs sold in 2006 came from overseas— formation to consumers and the CPSC. well done. I would also like to thank many ATVs from overseas do not meet It would create a searchable, publically Paul Nagle, Rebecca Hooks, and Megan our safety standards. ATVs injured available database of information from Beechener of the Republican Commerce over 146,000 people in 2006, and approxi- nonindustry sources, such as hospitals, Committee staff, and Lloyd Ator and mately 39,000 of those injuries were to child care providers, public safety Christopher Knox of the Commerce children under 16. This bill requires all agencies, and consumer reports about Committee’s Office of Legislative ATVs, both foreign and domestic to be product hazards collected by the CPSC. Counsel. subject to the same safety standards. The database would provide consumers I also wish to recognize the efforts of Additionally the bill establishes with potentially life-saving informa- the following staff of the Senate con- tough lead standards and calls for safe- tion, in an organized and timely fash- ferees: Erik Olson, Bridget Petruczok, ty rules for durable infant and toddler ion, which would better equip them to Price Feland, Kate Nilan, Tamara products such as strollers and cribs. assess product safety risks and haz- Fucile, Brian Hendricks, and Peter Selling, reselling, offering or providing ards. To aid in the Commission’s en- Phipps; the House Energy and Com- for use any of these products not meet- forcement mission, H.R. 4040 would merce Committee staff: Consuela ing our new safety standards will be il- provide whistleblower protections for Washington, Judy Bailey, Christian legal. Consumers will also have the op- employees of manufacturers of con- Fjeld, Andrew Woelfling, Valerie tion of registering their purchases so sumer products when they find and re- Baron, Brian McCullough, Will Carty, they can be notified in the event of a port violations of consumer product and Shannon Weinberg; and House leg- recall. safety laws. islative counsel Brady Young. Consumers are purchasing more prod- Reconciling the differences between I would also like to thank CPSC ucts over the internet or through cata- the House and the Senate was no easy Commissioner Thomas Moore and Mi- logues, and it is sometimes difficult to task, but I had no doubts that the work chael Gougisha and Pamela Weller of ascertain a product’s dangers by the of the committee would come to a his staff for their assistance. photo online.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7869 Advertisements providing a direct with important enhancements to CPSC to ensure that Commission employees means of purchase will be required to authorities and funding provided in the are assigned to the National Targeting contain a cautionary statement. By in- conference report, these four provisions Center at CBP to increase interagency cluding these statements, consumers, will ensure that unsafe imported con- collaboration in evaluating the poten- will be able to make an informed deci- sumer products, including toys and tial risks of inbound shipments for po- sion when purchasing products for a clothing that endanger our Nation’s tential safety issues. young child. children, are effectively screened at I am pleased that the conferees re- I congratulate everyone who worked the border and, when necessary, de- tained these provisions in their report. so diligently on this bill. It took some stroyed. They will help the CPSC and Customs time, but we have a solid bill to send to Last August, I asked my HSGAC staff and Border Protection identify dan- the President that will better protect to review the effectiveness of Federal gerous products that enter our ports our children and give the Consumer safety standards governing children’s and prevent them from reaching Amer- Product Safety Commission the re- toys and clothing. The committee in- ican homes. sources it has been missing. vestigators conducted numerous inter- Other measures in this conference re- Ms. COLLINS. Mr. President, I am views of manufacturers’ representa- port—increased staffing and funding pleased that the Senate is taking up tives, retailers, consumer advocacy for the CPSC, tougher civil and crimi- the conference report on legislation to groups, and Federal regulatory agen- nal penalties for violations of safety accomplish the urgent task of pre- cies, and visited a manufacturer’s test- laws, a ban on reselling recalled prod- venting dangerous consumer prod- ing lab and two ports. Their findings ucts, enhanced whistleblower protec- ucts—especially those intended for confirmed several weaknesses in our tions, safety certifications, and prod- children—from entering the country or current consumer product safety re- uct tracking labels—will also strength- reaching store shelves. The conference gime; namely; the CPSC is under- en the Consumer Product Safety Com- report contains a wide variety of meas- staffed, inadequately resourced, and mission’s ability to protect American ures that, taken together, deserve our lacks crucial authorities needed to ful- consumers. With the new authorities in support because they will greatly bol- fill its mission; voluntary standards this bill, the CPSC will be able to work ster defenses against hazards that must applicable to many classes of products more effectively with importers, retail- not reach American homes. can be useful in quickly addressing ers, consumers, and industry associa- I want to commend the chief sponsor safety issues, but lack the full force of tions to develop and enforce product- of the bill, Senator PRYOR, for his lead- law; and the inability to effectively en- safety standards. ership on this issue. It has been a force safety standards at our ports lim- This legislation will make a real dif- pleasure to work with him. its our Nation’s ability to stop haz- ference in protecting America’s chil- We all remember last year’s alarming ardous imported products from enter- dren and other consumers from haz- and, too often, tragic stories of product ing the American marketplace. ardous toys and other products. hazards and recalls that demonstrated My staff investigation made it clear I urge my colleagues to adopt the the need to strengthen protections for that our border inspections regime conference report. consumers, particularly children. Un- must target and intercept foreign prod- Mr. SUNUNU. Mr. President, I rise fortunately, those dangers continue. In ucts that fail to meet U.S. safety today in support of the conference re- 2008, new Consumer Product Safety standards. As our committee found, port to H.R. 4040, the Consumer Prod- Commission, CPSC, recalls have in- Customs and Border Protection cur- uct Safety Improvement Act. As many cluded 19,000 baby rattles that present rently lacks the authority to seize and of my colleagues know, the Consumer choking hazards, 685,000 wireless heli- destroy dangerous imported products Product Safety Commission, or CPSC, copter toys whose batteries can catch even if the agency suspects that an un- is responsible for protecting children fire, and 91,000 horseshoe-shaped mag- scrupulous importer turned away at and families against unreasonable risks net toys whose coating contains high one port might attempt to bring these associated with 15,000 consumer prod- levels of lead. products in through another U.S. port. ucts. Over the past year, Congress has Lead, as we know, is a particular The committee’s investigation also worked to improve the ability of the concern because of its use in plastics revealed that coordination and infor- CPSC to ensure the products in their and paints can expose children to the mation sharing between CBP and CPSC jurisdiction are safe for children and risk of serious nervous system damage were often ad-hoc—providing CBP with families across the Nation. The legisla- and other health effects. The con- little useful information that would tion before us today will provide in- ference report’s dramatic reduction in allow its agents to target shipments creased funding and expanded authori- the permissible lead content in prod- that are more likely to contain dan- ties for the CPSC to accomplish their ucts marketed for children under 12— gerous goods. mission. starting at 600 parts per million and The provisions that I authored, and This conference report is a com- ratcheting down to 100 parts per mil- worked with Senators INOUYE, STE- prehensive measure that reflects lion over 3 years—is just one example VENS, and PRYOR to include in the bi- months of hard work on both sides of of the bill’s aggressive pursuit of safe- partisan reform bill that the Senate the aisle and between both Chambers. ty. passed, specifically target problems It is a compromise measure that re- Even with these tighter restrictions with unsafe imports by ensuring that flects the give and take of each Cham- on lead content, we must continue to CPSC and U.S. Customs and Border ber and each party. It is a bipartisan pay special attention to imported prod- Protection work effectively together to measure, demonstrated by the fact ucts that violate our safety rules. As keep unsafe consumer products out of that the House of Representatives we have seen with the lead issue, the our country. These provisions: author- voted 424–1 on Wednesday in favor of bulk of toys sold in American stores ize CBP to seize and destroy dangerous this conference report. come from China, where cases of care- consumer products entering our ports, Among the many items in this re- less or unscrupulous factories or sup- long before they reach store shelves or port, it takes a tough stand on lead in pliers using cheaper lead paints in vio- American homes; enhance information children’s products by banning lead in lation of factory or official standards sharing between CPSC and CBP so that products made for children 12 and make clear the need to upgrade our inspectors at our Nation’s ports can younger in 6 months, setting a max- ability to police safety violations in focus their resource on the most risky imum threshold of 600 parts per mil- global supply chains. shipments, targeting products, manu- lion, ppm, which is reduced over time I am, therefore, pleased that the con- facturers, and importers with poor con- to 100 ppm after 3 years. ference report contains four key provi- sumer-safety records; task CPSC with The conference report includes a sig- sions from the Senate-passed bill, S. developing a comprehensive risk as- nificant increase in civil fines, with a 2663, that emerged from an in-depth in- sessment tool to help CBP quickly maximum fine of $15 million, more vestigation conducted by my staff on evaluate imported products that might than 8 times the current maximum, the Homeland Security and Govern- violate our Nation’s safety standards; and it raises the per violation penalty mental Affairs Committee. Combined and direct the CPSC to develop a plan cap to $100,000 from the current level of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7870 CONGRESSIONAL RECORD — SENATE July 31, 2008 $8,000. It also includes language to con- dangerous toys and household products should at least be making sure the sider the economic impact on small and ensure the consumer goods they products we import are not contami- businesses when levying a fine. Fur- use every day are the safest possible. nated or dangerous. That is why I ther, it toughens criminal penalties on Congress is giving them the tools to wrote to President Bush requesting bad actors who commit ‘‘knowing and meet that goal. that his administration investigate willful’’ violations of product safety I would like to extend my thanks and dangerous products that have been im- laws by making them eligible for up to congratulations to Senator INOUYE, ported from China. We need to 5 years in prison, fines, or both. who chaired this conference com- strengthen our agencies and laws so The conference report establishes mittee, for the bipartisan process in that products that do not meet our testing and certification requirements which the conference was run, and how health and safety standards are for children’s products made for those this report was crafted. I would also stopped at our borders. To do this we ages 12 and under before they are sold like to thank my fellow conferees— need to give the CPSC the necessary in the U.S. It also accredits third party Senators PRYOR, BOXER, KLOBUCHAR, tools and resources, including more labs to do such product testing, includ- STEVENS and HUTCHISON—for their hard manpower to adequately inspect im- ing qualified proprietary labs. work and due diligence in putting to- ports. The conference report includes a gether a measure that should enjoy the This bill makes the legislative searchable consumer database that the support of a majority of our colleagues. changes needed to give the CPSC the CPSC will have on-line in 2 years. It Mr. LEVIN. Mr. President, I will vote necessary tools and resources to im- will contain minimum reporting re- for H.R. 4040, the Consumer Product prove on its past poor performance and quirements for data to be posted, in- Safety Improvement Act. The con- reassure consumers that there will be cluding: a description of the product; ferees have reached a responsible com- more oversight of the marketplace in identification of the manufacturer; a promise that makes important reforms the future. description of the harm related to the to the Consumer Product Safety Com- This bill will: increase overall fund- use of the product; the submitter’s con- mission, CPSC, that are long overdue ing for the CPSC ; increase CPSC staff- tact information; and verification that that will make products safer for con- ing; prohibit the use of dangerous the submitted information is true and sumers and children. phthalates in children’s toys and child accurate. Companies would have ten This bill takes important steps to care articles; streamline product safety business days to review whatever infor- shore up a weak and ineffective Con- rulemaking procedures; ban lead be- mation is slated to go on the database, sumer Product Safety Commission. As yond a minute amount in products in- and post their own comments. If nec- a grandfather and consumer, I am ap- tended for children under the age of 12 essary, the CPSC would remove inac- palled at the lack of resources and en- and require certification and labeling; curate material and redact confidential forcement authority of the CPSC and increase inspection of imported prod- information. its inability to adequately protect our ucts so we are not allowing recalled or The report gives authority to the children, our food supply and the gen- banned products to cross our borders; CPSC to pick the recall remedy that a eral public from harmful or contami- increase penalties for violating our business must follow, to either replace nated products. product safety laws; strengthen and the product, repair the product, or re- We can and should be doing much improve recall procedures and ban the fund the consumer’s money. It also more to protect the American con- sale of recalled products; require CPSC makes it illegal to sell a recalled prod- sumer. As was recently underscored by to provide consumers with a user- uct, or export a recalled product with- the alarming number of children’s friendly database on deaths and serious out explicit permission. Further, it re- products with high lead content, con- injuries caused by consumer products; quires tracking labels for children’s taminated pet food, and defective im- and ban 3-wheel all terrain vehicles, products and packaging where it is ported tires, there are a lot of cracks in ATVs, and strengthens regulation of practicable, to make sure products are the systems that were supposed to be other ATVs, especially those intended identifiable for more effective recall watching out for consumers. for use by youth. purposes. The legislation has the strong sup- Under the report, all foreign and do- We need to know our children’s and port of consumer, scientific and public mestic-made all-terrain vehicles, or grandchildren’s toys are safe. We need health organizations. In a letter to ATV’s, will be required to meet the to know that the food we import is not Senate leaders, key representatives of same mandatory safety standards. It tainted with harmful chemicals. We these groups called H.R. 4040, a also bans the sale of new 3-wheeled need to know the products we buy will ATV’s in the United States. not harm us or our children. I believe ‘‘ground-breaking measure, which will On one of the more contentious items it is the government’s basic responsi- help ensure that the Consumer Product dealt with in the conference, a com- bility to protect the public. Safety Commission (CPSC) has the re- promise was reached earlier this week Those who work for the companies sources and regulatory authority it to ban three specific phthalates, and that make these products may often be needs to protect consumers and repair place an interim ban on three other in a position to detect and prevent seri- our long-broken product safety net.’’ phthalates while a formal health as- ous problems or injuries before they Organizations supporting the bill in- sessment is done. Once complete, the occur. I am pleased that this bill in- clude the following, among others: CPSC would consider the findings of cludes important protections for cor- Thomas H. Moore, Consumer Product this assessment and conduct a rule- porate whistleblowers that will encour- Safety Commissioner; Alliance for Pa- making to see if the interim ban should age employees to come forward about tient Safety; American Academy of Pe- stay in place or be removed. violations and defective products with- diatrics; American Association of Law Finally, the conference report pro- out the fear of retaliation by their em- Libraries; American Association of vides a significant increase in the ployer. University Professors, AZ Conference; amount of funding available to the Many of the defective and contami- American Library Association; Circum- CPSC. Beginning in fiscal year 2010 and nated products are imported. Even polar Conservation Union; Coalition for running through fiscal year 2014, the with its current limited resources and Civil Rights and Democratic Liberties; agency is authorized to receive a total reach, CPSC recalled approximately 150 Consumers Union; Consumer Federa- of $626 million. A specific authorization tainted products from China in 2007 in- tion of America; Doctors for Open Gov- for travel is included in the overall cluding tires, toys, baby cribs, candles, ernment; DoorTech Industries, Inc.; funding level to meet the ban placed on bicycles, remote controls, hair dryers, Ethics in Government Group, EGG; travel paid for by outside groups. Given and lamps. Imagine how many more Federation of American Scientists; the new and expanded authorities the contaminated or defective products are Federal Employees Against Discrimi- CPSC will be required to undertake, slipping through the cracks and reach- nation; Focus On Indiana; Fund for this level of funding will meet those ing American consumers without being Constitutional Government; Georgians needs. detected. for Open Government; Government Ac- Mr. President, the American people We are being deluged by cheap im- countability Project; HALT, Inc.—An expect the CPSC to protect them from ports from China and elsewhere. We Organization of Americans for Legal

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7871 Reform; Health Integrity Project; In- provides the opportunity for parties to structions were so severe that the chil- formation Trust; Integrity Inter- post false information online, and al- dren had to undergo surgery to remove national; Kids in Danger; Liberty Coa- lows minimal oversight by the CPSC or the blockages. lition; National Consumers League; Na- an opportunity for manufacturers to Invasive surgery like this is scary for tional Association of State Fire Mar- defend themselves. Inaccurate informa- most adults—so you can only imagine shals; National Employment Lawyers tion about a company’s product on a what it was like for a 4- or 5–year-old Association; National Judicial Conduct government-endorsed website could ir- to go through something like this. and Disability Law Project, Inc.; Na- revocably harm a company’s reputa- That August, I also visited with a tional Research Center for Women & tion, and I cannot support such a provi- family in Jacksonville who left two of Families; National Whistleblower Cen- sion. their children in a room with a disco ter; No Fear Coalition; OMB Watch; I also oppose the section in the con- ball toy. The disco ball toy later over- OpenTheGovernment.org; ference report that would extend new heated, caught fire, and emitted Parentadvocates.org; Patrick Henry whistleblower protections to millions enough carbon monoxide to kill both Center; Project on Government Over- of employees of consumer product children. sight; Public Citizen; Public Employees manufacturers, distributors, and retail- After visiting with the families of for Environmental Responsibility; Sus- ers. Under this bill, once an employee these children, I also learned first hand tainable Energy and Economy Net- notifies the CPSC of an action he ‘‘be- about the weaknesses in our product work; Taxpayers Against Fraud; The lieves to be’’ a violation of a consumer safety laws—and the general failure of 3.5.7 Commission; The New Grady Coa- product safety regulation, the em- leadership at the CPSC. This regu- lition; The Semmelweis Society Inter- ployer faces a fine if it discharges or latory breakdown was highlighted by national, SSI; The Student Health In- takes any negative action against the the fact that the CPSC had only one tegrity Project SHIP; Truckers Justice employee. Including such a provision full time employee—who worked in Center; Union of Concerned Scientists; would grant any disgruntled employee this cramped, antiquated lab—respon- U.S. Bill of Rights Foundation; U.S. a powerful incentive to report erro- sible for ensuring the safety of our Public Interest Research Group; and neous or unsubstantiated information children’s toys. Whistleblowers USA. as an alleged product safety violation Quite frankly, I was outraged by I support this bipartisan legislation in order to insulate himself from unre- this—and last summer I introduced S. and I am please that it will now be- lated disciplinary actions. There is no 1833, the Children’s Product Safety come law. reason for such a provision except to Act, which would, require third-party Mr. KYL. Mr. President, I fully sup- dramatically unbalance the employee- testing of toys and other children’s port many of the changes that H.R. employer relationship, and the failure products. 4040, the Consumer Product Safety Im- to fix this section after repeated at- These third-party testing require- provement Act of 2008, makes to ensure tempts causes me even greater concern ments were incorporated by Senator that America’s consumers are safe. that it has little to do with legitimate PRYOR into the Senate version of the However, one of the main goals of the whistleblowers and more to do with CPSC Reform bill—along with an bill is to provide the Consumer Product hamstringing employers from dealing amendment I offered in the Commerce Safety Commission, CPSC, with the appropriately with problem employees. Committee that would mandate the tools and resources it needs to protect It is unfortunate that I am forced to first mandatory safety standards for American consumers. Although this vote against this conference report be- toys. conference report does take some steps cause I do believe the CPSC’s resources And I am very pleased that they are towards that end, it simultaneously ought to be bolstered. However, this included in the final conference report. hurts businesses without providing conference report carries with it too Taken together, these provisions will commensurate benefits to consumers. many of the problems that existed ensure that toys and other products in- For this reason, I will vote against the when the bill left the Senate. tended for children 12 and under will be conference report. Mr. NELSON of Florida. Mr. Presi- tested by a rigorous third-party screen- The CPSC was created in 1972 to es- dent, I rise today in strong support of ing process that is continuously up- tablish a single set of product safety the H.R. 4040 conference report. dated to address new and emergency regulations for manufacturers and dis- The issue of consumer product safe- hazards. And that is a big victory for tributors to follow throughout the ty—and particularly the safety of toys America’s families. country. This conference report, how- and other children’s products—has long I would like to thank the members of ever, includes a section that would ex- been an important issue for me. the conference and the staff of the Sen- pand the power of state attorneys gen- Over the last few years, however, ate Commerce Committee for all of eral to bring actions on behalf of their we’ve seen ample evidence that the their hard work on this issue. own states against businesses they be- Consumer Product Safety Commis- This legislation will help ensure that lieve violate federal consumer protec- sion’s authority to protect the public we never face another ‘‘summer of re- tion statutes mandated by the CPSC. was not up to the task. This breakdown calls.’’ Giving 50 attorneys general discretion in authority was made crystal clear by I urge my colleagues to support this over consumer product safety laws last year’s ‘‘summer of recalls’’—when bill and get it to the White House as would lead to 50 different interpreta- we saw recall after recall of children’s soon as possible. tions of the law, and, thus, a confusing products, including: Mr. COBURN. Mr. President, the patchwork of safety standards that Children’s jewelry and toys covered Consumer Product Safety Bill, while would make it more difficult for the in lead paint. Toys with detachable well intentioned, will do little to im- CPSC to enforce uniform, national magnets that can cause fatal intestinal prove consumer product safety. policies. Moreover, in recent years, obstructions. Stuffed animals with Since when should the Government some State attorneys general have small parts that can detach and be- be held responsible for the safety of used their positions to garner national come a choking hazard. A children’s consumers when time and time again attention to advance their careers. I craft kit containing beads that—when the Federal bureaucracy has failed in am worried that this conference report swallowed—metabolized into the same its other safety obligations and respon- leaves enough discretion to the state chemical compound as GHB, the date sibilities? attorneys general to enforce CPSC rape drug. In 2005, Hurricane Katrina was a rules that would tempt some to file Unfortunately, I saw some of the im- stark and sad reminder that a bloated, frivolous lawsuits that could ulti- pacts of harmful toys first hand. Last inefficient, and incompetent bureauc- mately undermine the effectiveness of July, I visited with a team of emer- racy does not have the ability to pro- the CPSC. gency room doctors in Tampa who tect citizens. The conference report also keeps in- treated children with intestinal ob- Just last year, the interstate bridge tact a requirement for the CPSC to cre- structions due to magnets that had de- collapse in Minnesota reminded us all ate a public database of product-re- tached from toys. In some cases, the of the misplaced priorities of the Fed- lated complaints. This public database doctors noted that the intestinal ob- eral Government. Instead of ensuring

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7872 CONGRESSIONAL RECORD — SENATE July 31, 2008 the structural soundness of bridges, In addition, there are also a lot of un- where law firms, unions, and lobbyists politicians were more concerned with intended consequences in this bill, as it are given access to cherry-pick con- their earmarks, and diverted funds is a trial lawyer giveaway. While the sumer reports for potential lawsuits. away from bridges such as the one in dramatic increase in authorization is There is already a consumer product Minnesota for their own political ben- troubling, the provisions that subject database, called lawcash.com, that con- efit. businesses to the wrath of the trial solidates consumer product com- In another example of Government lawyer and plaintiffs bar are far more plaints. incompetence, the census is currently problematic as they will raise the cost The Web site brags that its database in grave peril of not completing its of doing business, hurt or destroy small provides consumers ‘‘the information constitutional duty effectively and on businesses, and could further exas- you need and the access you deserve to time. This speaks volumes about the perate an already unstable economy. find out if you are eligible to claim inefficiencies of our Government, as we Authorizing State attorneys general your share of billions of dollars distrib- have 10 years to prepare for the census to initiate lawsuits, creating a con- uted yearly through thousands of class with over two centuries of experience sumer product safety database, and action lawsuits.’’ to draw upon to execute this responsi- drastically increasing fines are free This reveals the true motives for bility. giveaways to trial lawyers that will do such ‘‘consumer product batabases,’’ This bill is a perfect example of poli- little for consumer safety and will un- and accordingly the Government has ticians rushing to legislate on a prob- necessarily damage small businesses. no role in serving as a conduit of infor- lem that really isn’t there in order to Allowing State attorneys general to mation that promotes hit job lawsuits. pat themselves on the back to try to bring lawsuits on behalf of their resi- This cumbersome endeavor will di- vert funds and resources from efforts curry favor with their constituents in dents for violations of consumer safety that actually go toward consumer safe- an election year. rules would reverse 35 years of success- ty and redirect it toward maintaining a The truth is the paranoia and ful policy experience. hysteria currently with consumer prod- Overzealous State attorneys general Web site that will only contain inflam- matory information that unions and uct safety is not proportional to the re- will now have the authority and discre- lawyers can utilize to sue businesses. ality of the situation. Nancy Ord, tion to interpret safety regulations and The bill drastically increases max- Chairman of the Consumer Product could unilaterally on a whim rule a Safety Commission, stated in January, imum civil penalties more than tenfold business is noncompliant and could and the individual violation more than ‘‘Last year was marked by intense then hand over expensive lawsuits to media scrutiny of the agency and of twentyfold, subjecting each product their trial lawyer’s cronies who are no- that wrongfully enters the market to a toy recalls in particular . . . the cov- toriously close with State law enforce- erage reached near-hysteria level, And $100,000 fine. The threat of a $100,000 ment officials. fine will cause many small manufac- then, of course, some politicians, sens- State attorneys, then, would be hard- ing a possible political issue, jumped turers and retailers who commit only pressed to deny politically active State minor violations to declare bank- on the bandwagon.’’ trial lawyers to sue companies when While there has been a rise in prod- ruptcy. the litigation will not cost the State a uct recalls, in a sense, the recalls are Additionally, faced with these hefty dime and could, in many cases, bring themselves a positive sign, as dangers fines, this provision could erode the were identified by manufacturers and the attorney general positive publicity. healthy and productive relationship be- This provides false incentives for products were removed from the mar- tween businesses and the Commission. overzealous attorneys general and ket. Faced with bankruptcy, many busi- More importantly, these product re- would run precisely counter to the nesses would be much less inclined to calls have not translated into dire CPSC’s policy of carefully balancing voluntarily report violations and as a health consequences, as there has been cost and benefit in making safety regu- consequence would not receive the little evidence of any deterioration in lations. proper guidance to fix the problem, overall product safety. There were few Lawsuits, which are expensive, adver- subjecting the business and its employ- if any reports of consumer injuries sarial, and often drawn out, can be an ees to potential harm. from the recalled products. Although impediment to a successful long-term While allowing increases in frivolous the number of injuries from toys in- relationship that maximizes compli- lawsuits and drastically hiking up the creased somewhat in 2006, injury rates ance and safety. fines for businesses may allow Senators generally have decreased since 2001. State attorneys general should not to tout to the public that they are Also, lead poisoning cases are at his- have the power to reduce the effective- tough on consumer safety, these ac- toric lows in many areas. ness of the CPSC’s efforts by under- tions are unlikely to improve the situ- Regardless, many of the companies mining its balanced approach to en- ation, and more importantly, the unin- that fall under the CPSC umbrella have forcement. tended consequences would be to in- raised the levels of their own self-polic- Another free giveaway to trial law- crease the cost of doing business, im- ing. Wal-Mart has announced that this yers is the creation of a consumer pairing economic and job growth at a month it will require independent lab product safety database. The database time when our economy desperately testing for all new toys as well as those is estimated to cost $10 million, which needs economic and job growth. it reorders. Mattei and others have accounts for over 10 percent of the Mr. SCHUMER. Mr. President, I ask ended the use of certain kinds of bat- Commission’s budget. today to speak on the Consumer Prod- teries. And the Toy Industry Associa- This section requires the CPSC to es- uct Safety Improvement Act of 2008. tion has worked with the Commission tablish a Web site to post any com- I commend the conferees for ironing on a plan to test toy safety in the de- plaint, regardless of accuracy or merit, out the differences between the House sign and manufacturing process as well from consumer groups or individuals. and Senate passed versions of this bill as the final product. While on the surface the database ap- that will deliver to the American peo- The political reaction to the prob- pears to aim to educate and warn con- ple strong and much needed reform to lem, like most Government solutions, sumers about potential product defect consumer product oversight. I was is to throw money at it. or harm, the reality of it is far from ef- proud to be a cosponsor of the Senate While some statutory upgrades are fective. It is highly doubtful that many version, and I would like to thank and needed, almost doubling the size of the consumers will know about or even congratulate Chairman INOUYE for his agency, as this bill does, will not eradi- care to peruse a Government Web site leadership and Senator PRYOR for his cate or drastically improve the issue. to validate whether a product is safe extraordinary work in crafting this As we have seen time after time, prior to purchase, especially consid- outstanding, bipartisan bill. when Government throws money at a ering the claims are not verified prior Over the last several years the Con- problem, rarely does it improve a situ- to posting. sumer Product Safety Commission has ation, and more often than not, it fur- What the database does provide in become a shell of its former self, with ther complicates and aggravates the much more practical terms however, is a noticeable void in leadership. Dan- problem. a centralized, consolidated data source gerous goods and toys have fallen into

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7873 the hands of our most vulnerable popu- tion of unduly influencing CPSC offi- criminal penalties for violators, bans lation while the CPSC has looked the cials. industry sponsored travel, and provides other way. This act, however will pre- Passage of this bill is vital if we hope whistleblower protections for employ- vent the CPSC from shirking its re- to rebuild, reform, and revitalize the ees of manufacturers, private labelers, sponsibility and ignoring its obligation CPSC. The CPSC must be re-equipped retailers, and distributors. to make America safe. to do its job of enhancing product safe- I want to thank the conferees for in- This act will provide the Consumer ty and protecting kids and consumers cluding two provisions I authored in Product Safety Commission with the from unsafe products. committee. authority an resources it needs to be The Federal Government must again The Labeling Requirement for Adver- more effective in its critical mission to become an effective force for consumer tising Toys and Games requires prod- protect consumers. Quite frankly, the protection. The Consumer Product ucts sold over the Internet or in cata- current product safety system is bro- Safety Improvement Act is a first logues to list any cautionary state- ken, and the CPSC is in desperate need step—and a vital one at that. ments, such as choking warnings, in of reform. Too many unsafe goods are Ms. BOXER. Mr. President, in a Sen- their advertisements. reaching the shores of the United ate where recently it has been so hard These labels would normally be visi- States. Too many dangerous products to get things done, Democrats and Re- ble when the products are purchased in are finding their way into the hands of publicans have come together in a bi- the store but oftentimes are not visible American consumers, and all too often, partisan manner to produce a strong to the consumer when sold over the young children. conference report that is a victory for Internet or in catalogues. We worry about our kids when they children and families. My second provision requires manu- are in class, when they are walking or I have a message for American par- facturers of durable infant or toddler’s driving home alone, even when they ents everywhere who are concerned products to provide consumers with surf the Internet. We should not have about the safety of their children’s postage-paid registration forms with to worry that the toys they play with toys, ‘‘We have heard your concerns, each product so consumers can be bet- might be hazardous to their health, or and today, Congress has acted.’’ ter informed if the product they bought god forbid, even fatal. The Senate is about to approve land- is eventually recalled. The effectiveness of the CPSC has mark consumer legislation to protect This provision was based on a bill by been severely undermined by years of our kids from dangerous children’s Congresswoman JAN SCHAKOWSKY budget and personnel cuts and, as a re- products and hazardous substances. called the Danny Keysar Child Product sult, has been unable to keep up with I want to thank Chairman INOUYE, Safety Notification Act. globalization of the marketplace. This Vice Chairman STEVENS, Senator Danny Keysar was a 16-month-old bill will reverse those trends and give PRYOR and their staffs for all of their child who died when his Playskool the CPSC the budget and the tools it hard work and dedication to this im- Travel-Lite portable crib collapsed—5 desperately needs to again become an portant bill. years after the CPSC had ordered it off effective force for consumer protection. As both a parent and a grandparent, the shelves because it was dangerous. Protecting consumers, and especially I have been incredibly distressed by the Danny was tragically the fifth victim children, is a priority, and the bill seemingly endless stream of reports to die due to the faulty design of this takes a tough approach to products about defective and dangerous chil- crib and a sixth child died 3 months that might threaten their health and dren’s toys and products. later. safety. Imports of untested children’s Consumers Union dubbed 2007 ‘‘The From 1990 to 1997 more than 1.5 mil- products will be prohibited, and man- Year of the Recall’’ after 45 million lion portable cribs with a similar dan- datory third-party testing of children’s toys and other children’s products were gerous design were manufactured. A products will be implemented. Track- recalled. Recalls jumped 22 percent for total of 17 children have been killed by ing labels for children’s products will the 9-month period that ended June 30 these types of cribs. help parents tie safety recalls and of this year. Neither Danny’s parents nor a care- alerts to prior purchases. Children’s Clearly, the Consumer Product Safe- giver at the daycare where the accident products containing lead and certain ty Commission has not been able to occurred were aware of the recall. plastic additives will be banned. A new keep pace with the growing market of State inspectors who had visited the Chronic Health Advisory Panel will be consumer products many of which are daycare a week before were not aware created. Finally, the sale of recalled now manufactured abroad. of the crib’s recall. products will be prohibited. For too long we have asked this Our provision will provide parents The CPSC must do a better job of agency, which has a staff of approxi- with a method for receiving these vital getting hazardous products off the mately 400 charged with overseeing the recall updates that could save their shelves and out of consumers’ reach safety of 15,000 consumer products, to child’s life. and these provisions will give the CPSC do too much with grossly inadequate I was also pleased to work closely the tools to do just that. Manufactur- resources and enforcement tools. with Senator KLOBUCHAR, Representa- ers, importers, and retailers will be re- The Consumer Product Safety Im- tive WAXMAN, and other conferees to quired to do their part as well or face provement Act of 2008 addresses those get a strong ban on lead in toys and serious consequences. The bill provides resource problems and finally brings other children’s products to protect for increased criminal and civil pen- the CPSC’s enforcement powers in line our kids from dangerous lead contami- alties for those who knowingly and with those of other Federal agencies nation. willingly violate product safety laws. charged with protecting the public. I also want to thank Chairman It also gives State attorneys general The Consumer Product Safety Im- INOUYE and Senator PRYOR for their the means to enforce Federal safety provement Act of 2008 includes a strong leadership and support on this issue. standards and get dangerous products ban on lead and phthalates, requires We all know that lead poisons the off the shelf. Protections for whistle- testing of all children’s products that brain and nervous system, can decrease blowers are also included in the bill, so must meet mandatory toy standards, IQs, and cause behavioral problems, that employees who identify dangerous and for the first time, includes a pub- and that it is especially dangerous to products along the supply chain can lic, searchable national database on children. come forward with vital health and the CPSC website of all consumer com- Let me tell you about Colton safety information without fear of re- plaints filed with the CPSC so con- Burkhart, a 4-year-old boy from Oregon prisal. sumers can be better informed about on a family camping trip who became These and other provisions of the dangerous products. violently ill from lead poisoning after CPSC Reform Act represent common- The bill also strengthens the Con- he swallowed a medallion from a neck- sense solutions to keeping consumers sumer Product Safety Commission’s lace bought in a 25-cent toy vending informed and safe from dangerous prod- authority to recall products, increases machine. The medallion turned out to ucts. The bill will also ban industry- enforcement authority for Attorneys be 39 percent lead, which had elevated sponsored trips, which have the percep- General, includes stronger civil and his blood lead level to a potentially

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7874 CONGRESSIONAL RECORD — SENATE July 31, 2008 fatal level of 123 micrograms of lead beyond the specific products listed in of the world when it comes to chemical per deciliter of blood, more than 12 this section’s ban, or the specific policy. The same has been true for times the CDC’s lead poisoning level of phthalates listed in the ban, in any ad- phthalates. These chemicals have been concern. ditional action the Commission takes restricted in at least 31 nations, includ- Jarnell Brown, another 4-year-old under its regulatory authorities. ing European Union—27 countries—Ar- boy was brought to the hospital emer- States such as California that have gentina, Fiji, Japan, Korea, and Mex- gency department in Minneapolis, Min- been leaders in protecting children by ico. nesota complaining of vomiting. Be- restricting toxic phthalate alter- It took action from three States— lieving that the child had a stomach natives, are protected. California, Washington and Vermont— virus, he was released. The next day, I also want to thank the conferees for before we have reached this point. Jarnell was rushed to the hospital after working with Congressman WAXMAN It took voluntary action from the having suffered a seizure and res- and myself to protect State warning country’s largest toy retailers: Wal- piratory arrest. Jarnell later died. An laws related to consumer products, Mart, Toys ‘‘R’’ Us, and Target, all of autopsy revealed that he died of acute such as California’s Proposition 65. which have announced that they will lead poisoning from a heart-shaped We are so pleased to see the final stop selling products that contain charm from a bracelet that his mother conference report clarifies that State phthalates. had gotten free with her Reebok sneak- and local toy and children’s product re- With the passage of this legislation, ers. The charm was found to contain quirements in effect before the date of parents throughout this country will 99.1 percent lead. Reebok recalled enactment of this legislation are not have the same assurances as parents in 300,000 bracelets worldwide as a result. preempted. the E.U., in Argentina, in Japan, and This bill is so important to the The many recalls of lead toys and all of these other counties. They will health and safety of our children and products over the past year have high- be sure that the toys they give their families. I want to again thank my col- lighted the need for action. children do not contain a dangerous This legislation puts into place a ban leagues on both the House and Senate plasticizer. side for all of their efforts on this legis- on lead in children’s products that gets And make no mistake, these chemi- lation. cals are dangerous. When children chew increasingly stringent over 3 years, and We can’t risk one more child’s injury on toys filled with phthalates, these that will help ensure that we protect or tragic death due to faulty toys or chemicals leach from the toy, and into our kids today and in future genera- children’s products. I am glad to hear their bodies. Phthalates have been tions from the scourge of lead poi- that the President has agreed to sign linked to a variety of reproductive de- soning. this legislation. fects. In addition, Senator FEINSTEIN, Rep- Mrs. FEINSTEIN. Mr. President, I The science on phthalates is still resentative WAXMAN and I successfully rise in support of the Consumer Prod- evolving. But today, we are acting out fought, shoulder-to-shoulder, for a ban uct Safety Improvement Act of 2008. of precaution: removing potentially on dangerous phthalates in many chil- This legislation makes a number of dangerous substances from products dren’s products. long overdue changes and improve- until they are shown to be safe. Studies show that phthalates are en- ments in the Consumer Product Safety Our current system for dealing with docrine disruptors linked to reproduc- Commission and their ability to pro- chemicals requires that regulators tive abnormalities in male babies and tect children and other consumers. It show that a chemical is dangerous be- many experts believe that the accumu- will impose mandatory toy safety fore it can be removed from the mar- lation of exposures to multiple standards, in place of the current vol- ket. We have this backwards: the bur- phthalates presents a risk to devel- untary standards; create an online den should be placed on the manufac- oping fetuses and young children. database, which parents and consumers turers to prove to us that the chemi- Phthalates have been banned from can search for reports of safety prob- cals they want to put in everyday many children’s products in the Euro- lems; provide whistleblower protec- items are safe. Our children should not pean Union since 1999, and at least nine tions to employees of manufacturers, be guinea pigs for untested chemicals. other countries have followed suit in retailers and distributors to promote The interim ban on three phthalates an effort to better protect children prompt reporting of any safety hazard; marks a departure from this long- from harmful health effects of these and authorize a much needed funding standing ‘‘use chemicals first, ask chemicals. increase for the Consumer Product questions later’’ approach. These My home State of California was the Safety Commission to ensure that chemicals will be permitted back into first in the Nation to prohibit these reforms are carried out. toys only if they are proven to be safe, phthalates in many toys and child care Most importantly, this legislation the very hallmark of the precautionary products, and Washington State and bans the use of six phthalates in many principle. Vermont have taken similar actions. children’s products and child care arti- We need to move fully in this direc- In addition, major retailers such as cles. It will ban the use of more than .1 tion. It is my belief that chemical addi- Wal-Mart, Target, and Toys ‘‘R’’ Us percent of three phthalates—DEHP, tives should not be placed in products have already begun to take phthalate- DBP, or BBP—in toys for children ages that can impact health adversely until containing children’s products off their 12 and under and childcare articles for they are tested and found to be benign. shelves. children ages 3 and under; and place an I look forward to working with my col- China, which manufactures 85 per- interim ban on the use of more than .1 leagues to see that we exercise the cent of the world’s toys, reportedly has percent of three additional same caution with all chemicals. created a separate manufacturing line phthalates—DINP, DIDP, and DnOP— This is a sea change in our Nation’s for products intended for export to na- in any toy that can be placed in a chemical policy, and predictably, we tions that ban phthalates. child’s mouth or a child care article for faced strong opposition from industry. This legislation will permanently ban ages 3 or under. Many people contributed to this vic- three of the most dangerous The Consumer Product Safety Com- tory here today, and I would like to phthalates, DEHP, DBP, and BBP from mission will convene a Chronic Hazard mention a few. all children’s toys and child care arti- Advisory Panel, CHAP, to fully exam- I would like to thank Chairman cles. ine the science on the effects of INOUYE, Senator STEVENS, and Senator In addition, it imposes an interim phthalates and any phthalate alter- PRYOR for their steadfast support ban on three other dangerous native. After this study, they will de- throughout this process. phthalates, DINP, DIDP, and DnOP, in termine whether the interim ban This would not have been possible children’s toys that can be put in the should remain in place. without my home State colleagues, mouth, and in childcare articles. That I believe they will find that the ban Senator BOXER and Congressman WAX- ban can only be altered after a detailed is essential to the protection of chil- MAN. They supported this from the be- scientific review. dren’s health. ginning, and their work ensured that Of course, nothing in this bill under- Let me say, it is about time. The the best product possible emerged from cuts the Commission’s authority to go United States is often behind the rest conference.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7875 David Strickland, Alec Hoehn-Saric, ment Act are hard-fought victories for tecting the health of their citizens from un- and the Commerce Committee staff children and all of those concerned safe chemical exposures in other consumer have been invaluable. They worked with their safety. products. The undersigned organizations are long nights and weekends to reach an I urge my colleagues to join me in especially appreciative of Senator Fein- stein’s inclusion of a ‘‘savings clause’’ in her agreement on this provision, and I ap- supporting this conference report, and amendment that would prevent the federal preciate it. I urge the President to sign this into preemption of state efforts to enact stricter Kristin Wikelius and Chris Thompson law the moment it lands on his desk. toy protections and regulate phthalates of my staff, who quickly learned about We have waited years to take action more strictly in other product categories. this issue and worked hard to move against chemicals like phthalates, and The undersigned organizations strongly this through the legislative process. we should not wait any longer. urge the CPSC Conference Committee to in- Dozens of grassroots groups from I ask unanimous consent that the list clude the Feinstein Amendment prohibiting across the country supported my the use of phthalates in children’s toys and of groups supporting my amendment be childcare articles in the reconciled version of amendment and rallied their members printed in the RECORD. the House/Senate Consumer Product Safety to do the same. I will ask to have a list There being no objection, the mate- Commission Reform Act. of these groups printed in the RECORD. rial was ordered to be printed in the Sincerely, This Coalition was led by the Breast RECORD, as follows: AAIDD (American Association on Intellec- tual and Developmental Disabilities). Cancer Fund, based in my home city of MAY 27, 2008. San Francisco. Their work, expertise, Alaska Community Action on Toxics. Hon. DANIEL K. INOUYE, Association of Reproductive Health Profes- and support made this happen. Chairman, Committee on Commerce, Science and sionals. On another matter central to chil- Transportation, U.S. Senate, Dirksen Sen- AWHONN (Association of Women’s Health, dren’s health, I am very pleased that ate Office Building, Washington DC. Obstetric & Neonatal Nurses). this bill includes a provision that I Hon. TED STEVENS, Breast Cancer Action. sponsored to require secondhand cribs Vice Chairman, Committee on Commerce Science Breast Cancer Fund. and Transportation, U.S. Senate, Dirksen Center for Environmental Health. that are sold and used in the market- Senate Office Building, Washington DC. Center for Health, Environment and Jus- place to have the same product safety Hon. JOHN DINGELL, tice. standards as new cribs. Chairman, Committee on Energy and Commerce, Citizens for a Healthy Bay This bill will close a loophole in con- House of Representatives, Rayburn House Clean New York. sumer product safety standards, and Office Building, Washington, DC. Clean Water Action Alliance of Massachu- help reduce injuries and deaths that Hon. JOE BARTON, setts. Ranking Member, Committee on Energy and Coalition for Clean Air. come from used cribs that have missing Commonweal. Commerce, Rayburn House Office Building, or broken parts. Consumer Federation of America. Currently, U.S. consumer product Washington, DC. Consumers Union. DEAR CHAIRMAN INOUYE, VICE CHAIRMAN CREHM (Chicago Consortium for Repro- safety standards apply only to new STEVENS, CHAIRMAN DINGELL, AND RANKING cribs and not to the sale or commercial ductive Environmental Health in Minority MEMBER BARTON: The undersigned organiza- Communities). use of secondhand cribs, which cause tions wish to express strong support for in- EarthJustice. most crib-related infant injuries and cluding Senator Feinstein’s amendment in Endometriosis Association. deaths. the final version of the Consumer Product Environment California. The measure included in the con- Safety Commission Reform Act (CPSCA). Environmental Health Fund. Senator Feinstein’s amendment would pro- Environmental Working Group. ference report would prohibit commer- Greenpeace. cial users, such as thrift stores and re- hibit the manufacture, sale, or distribution in commerce of certain children’s products Health Education and Resources. sale furniture stores, to sell, resell or and child care articles that contain Healthy Building Network. lease unsafe used cribs that are struc- Healthy Child Healthy World. phthalates. By eliminating unnecessary ex- Healthy Children Organizing Project. turally unsound, and prohibits hotels, posure to phthalates in children’s products, Illinois Maternal and Child Health Coali- motels, and daycare centers from using the United States would join the European tion. unsafe cribs, and adds secondhand cribs Union and 14 separate countries in requiring Illinois PIRG. to the list of child and infant products the safest toys for its children. INCIID (InterNational Council on Infer- covered by the Consumer Product Safe- Over the last several decades, children tility Information Dissemination, Inc.). ty Act, the law that already applies to have faced an increasingly challenging time INND (Institute of Neurotoxicology & Neu- just making it through what should be nor- rological Disorders). new cribs and other children’s prod- mal stages of growth and development. Of Institute for Agriculture and Trade Policy. ucts. particular concern are chemicals found to Institute for Children’s Environmental The safety standards for secondhand have negative health impacts that are in Health. cribs will now match the safety stand- products children use every day. Of primary Kids in Danger. ards for new cribs, including crib slats interest to the undersigned is the use of Learning Disabilities Association of Amer- ica. should be no more than 23⁄8 inches phthalates, present in a variety of children’s Maternal and Child Health Access. apart to prevent infant from slipping products including soft plastic toys and teethers, which have been linked to develop- Minnesota PIRG. through the slats and corner posts MOMS (Making Our Milk Safe). mental problems, such as premature breast MomsRising. should not be higher than 1/16 inches development in girls, male genital defects, above the end panels of the crib which Natural Resources Defense Council. and reduced sperm quality. Olympic Environmental Council. prevents infant’s clothing from becom- Alternatives to phthalates already exist Oregon Center for Environmental Health. ing tangled on the crib. and are on the market. Some major manu- Oregon Environmental Council. Every year, more than 11,300 children facturers have already taken the responsible Physicians for Social Responsibility- San require hospital treatment from crib- path toward eliminating these hazards from Francisco Bay Area Chapter. related injuries and over 30 children die their products and major retail outlets such Planned Parenthood Affiliates of Cali- from injuries sustained in cribs. as Wal-Mart and Toys-R-Us are requiring fornia. Planned Parenthood Golden Gate. Most of these injuries and deaths that the products on their shelves be phthal- ate-free. Yet, there currently are no laws in Planned Parenthood of Mar Monte. occur in secondhand cribs that have the U.S. prohibiting the use of these chemi- Planned Parenthood of the Rocky Moun- dangerous features. cals, and no way for parents to know wheth- tains. The language included in this con- er the products they buy will help—or PODER (People Organized in Defense of ference report is similar to proposals hinder—their child’s development. Earth & her Resources). States have already started taking action Project IRENE. that Representative ELLEN TAUSCHER Public Citizen’s Congress Watch. on this issue. California and Washington al- and I have worked on for many years. RESOLVE: The National Infertility Asso- ready prohibit the use of phthalates in chil- I am very pleased that this legisla- ciation. tion will help give parents the peace of dren’s products and almost a dozen states Safe Food and Fertilizer. mind that secondhand cribs are just as have introduced similar measures. It is time SisterSong Women of Color Reproductive for the federal government to ensure that safe as brandnew cribs. Health Collective. children in all 50 states receive protection Sources for Sustainable Communities. The phthalate ban, the expansion of from unsafe chemical exposures in the toys The American Fertility Association. crib safety protections, and the entire they chew on and play with everyday. Sev- The Annie Appleseed Project. Consumer Product Safety Improve- eral states have also taken the lead on pro- US PIRG.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7876 CONGRESSIONAL RECORD — SENATE July 31, 2008 Washington Toxics Coalition. sumer products or substances, such as division has filed such requirement WashPIRG. California’s Proposition 65. The con- with the Commission within 90 days WHEN (Women’s Health & Environmental ference report clarifies that any such after the date of enactment of this act. Network). warning laws in effect as of August 31, Mr. INOUYE. Mr. President, I yield WHISTLEBLOWER PROTECTION 2003, are not preempted by this act or now to the author of the measure, Sen- Mrs. MCCASKILL. Mr. President, I the Federal Hazardous Substances Act. ator PRYOR of Arkansas, the balance of would like to engage in a colloquy with This important clarification effectively my time. the Senator from Arkansas. The whis- harmonizes the four statutes that are The PRESIDING OFFICER. The Sen- tleblower protection provision is an en- enforced by the Commission. Other ator from Arkansas is recognized. forcement cornerstone of this legisla- laws enforced by CPSC, including the Mr. PRYOR. Mr. President, the first tion because it creates a legal right for Consumer Product Safety Act, clearly thing I want to say is this is a great private employees to help enforce con- do not preempt or affect State warning bill. It is something every Senator sumer protection laws. It is important requirements like Proposition 65. The should be proud of, because what we to underscore the Senate’s intent that Federal Hazardous Substances Act, saw in 2007 was a record number of this provision builds upon ‘‘best prac- however, is arguably ambiguous as to product recalls. In fact, last year, there tices’’ in whistleblower laws. its effect on State warning require- were 45 million toys that were recalled. Mr. PRYOR. That is correct. The ments. I am pleased that we have Every single toy was made in China whistleblower provision should be in- eliminated this ambiguity with this that was recalled last year. Unfortunately, it doesn’t stop there. terpreted broadly and consistent with conference report and harmonized all In 2008, we are 29 percent ahead of the ‘‘best practices’’ to achieve the law’s of the Commission’s statutes on this schedule we set back in 2007. So this purpose. For instance, ‘‘employee’’ is point. problem is not going away. This is a defined broadly to include individuals I yield to Senator PRYOR, and ask: Is great bill, and this is a classic example in any dimension of the employment it also your understanding that noth- that bipartisanship works. concept: incumbent or former employ- ing in this legislation or any of the ees. It protects all individuals who We did this bill the way bills ought laws enforced by the Consumer Product to be done. We worked it out in com- have received compensation to engage Safety Commission will preempt or af- mittee. I see that Senator STEVENS in activities for which the corporation fect Proposition 65 in any way? is responsible. The law’s purpose may walked onto the floor. He played a Mr. PRYOR. Yes, that is my under- vital and important role in the com- not be circumvented by hair-splitting standing. interpretations that plug safe channels mittee process and afterward. We Mrs. BOXER. My second inquiry re- worked together with Democrats and for witnesses to disclose relevant evi- lates to the bill’s provisions on dence of safety hazards. Republicans, and the House worked phthalates. I am pleased that the lan- with the Senate. It has been a great ex- Mrs. MCCASKILL. Furthermore, it is guage preserves the ability of States to not Congress’s intent to substitute ample of how things can and should regulate phthalates in product classes work around here. these whistleblower protections for that are not regulated under this legis- other preexisting rights and remedies We added third-party testing for lation, as well as States’ ability to reg- toys. We added a new database for peo- against unfair employment practices. ulate alternatives to phthalates, such Mr. PRYOR. Yes. Consistent with ple to search to look at complaints as other chemical plasticizers that about products. We give the Attorney long-established Supreme Court case might be used as substitutes to the law see e.g., English v. General Elec- General the ability to follow what the phthalates that will be removed from CPSC has done and get dangerous prod- tric, 496 U.S. 270, 1990—these rights do toys under this law. I yield to Senator ucts off the shelves. We add whistle- not cancel or replace preexisting rem- PRYOR and ask, is it your under- blower protection, so if people in the edies, whether under other overlapping standing this law does not preempt or private sector know about a dangerous congressional statutes, State laws, affect States’ authority to regulate problem and reveal that, they don’t State tort claims or collective bar- any alternatives to phthalates that are lose their jobs. We increase civil pen- gaining agreements. not specifically regulated by the Com- alties to make sure these companies— Mrs. MCCASKILL. Companies should mission in a consumer product safety also not look to override the whistle- especially the ones who are repeat of- standard? fenders—will know the CPSC has the blower protections through nondisclo- Mr. PRYOR. Yes, that is my under- sure policies or agreements such as authority to enforce what they do and standing. make them feel the pain of that. We company manuals, prerequisites for Mrs. BOXER. I also ask the distin- employment or exit agreements. ban lead in children’s products. guished floor manager Senator PRYOR We move the commission, which used Mr. PRYOR. There should be no con- to confirm my understanding that the to be a five-member commission and is fusion that the rights for protected ac- third-party testing provisions of the now down to three, back to a five-mem- tivity created by this statute are the conference report have no preemptive ber commission. law of the land. They supersede and effect on State or local testing related We change the rulemaking process so cannot be canceled or overridden by requirements. Is my understanding cor- that the authority rests with the CPSC any conflicting restrictions in com- rect? again and not with the industry. pany manuals, employment contracts, Mr. PRYOR. Yes, the bill leaves such I could go on and on about the great or exit or nondisclosure agreements. authority to impose testing require- things in this legislation. I know my Mrs. MCCASKILL. Thank you for en- ments in place without preemption. time is short. Mr. President, how much gaging in this colloquy with me to re- Mrs. BOXER. Finally, I wanted to time do I have? affirm the rights conveyed in the whis- confirm my understanding that the The PRESIDING OFFICER. Five tleblower provision. This provision is conference report makes it clear in sec- minutes. one of many in this legislation that re- tion 106(h)(2) that State or local toy Mr. PRYOR. Mr. President, I want to flects on the skill you have dem- and children’s product requirements in make sure I thank the people who de- onstrated in guiding this bill through effect prior to enactment of this bill serve the lion’s share of the credit. the Congress. are not preempted by this legislation Senator STEVENS was critical. He came PREEMPTION or by the Consumer Product Safety in at a very important time, early in Mrs. BOXER. I rise to discuss with Act. Is my understanding correct? the process, and helped shape the bill Senator PRYOR, the distinguished Mr. PRYOR. My colleague is correct. and helped to get us from a Democratic chairman of the Subcommittee on Con- The legislation does not preempt or bill to a bipartisan bill that got us to sumer Affairs, Insurance, and Auto- otherwise affect State or political sub- where we are today. In fact, the House motive Safety, and lead sponsor of the division requirements applicable to a voted last night 424 to 1 to pass this. Senate legislation, the preemptive ef- toy or other children’s product that is I also thank Senators SUNUNU and fect of certain provisions in H.R. 4040. designed to deal with the same risk of HUTCHISON. Senator INOUYE, chairman I am pleased that the bill protects injury as the consumer product safety of the Commerce Committee, was fan- State warning laws related to con- standard, if such State or political sub- tastic. Senator BOXER was great; she

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7877 was very focused on several issues. took everyone’s views into consider- weekend hours—of staff support. The Senator KLOBUCHAR, although a new ation. We tried to make compromises, Senator from Arkansas pointed out the Senator, had a positive impact on the even on some of the very toughest number of staff who did such a great process. It was an honor to work with issues. That was just in the Senate. job. I want to say that on our side, them. Also I thank several House Mem- And then we also had the House. I feel Christine Kurth, Paul Nagle, Megan bers, of course, including Chairman very good about this result. Beechener, Rebecca Hooks, and my DINGELL and Congressman BARTON, Again, the approval of this bill by own staffer, Bryan Hendricks, did a fantastic partners over there, who very diverse groups shows this is a very great job of working with the Demo- worked hard to get this done. And also good bill. The American Academy of cratic staff to forge the compromises. Speaker PELOSI weighed in at the end Pediatrics, the Consumer Federation of On the Democratic side, I thank to make sure we got it done. America, and the Retail Industry Lead- David Strickland, Andy York, Price Maybe more important than all of us ers Association all were at the table Feland, and Jana Fong Swamidoss. I is the staff. We have a lot of staff sit- working with us to try to make sure we think we did a great job with the help ting on the back benches. They have accommodated the safety needs of con- of the experts on our staffs. spent countless hours on this bill. They sumers—especially the parents of small Mr. President, with that, I will re- have been here weekends, in the eve- children—and the needs of retailers and serve the remainder of my time. nings, and they have been haggling manufacturers to be able to produce The PRESIDING OFFICER. The Sen- over every word, comma, and para- products that consumers can safely ator from Arkansas is recognized. Mr. PRYOR. Mr. President, Senator graph. I am so grateful to all of them. purchase. The people on my staff include Andy In this bill, we have a considerable HUTCHISON said something that is very York and Price Feland. When you look emphasis on children’s toys. That is important. We did focus on toys. Toys at the Commerce Committee, there is what caused us to start looking at capture the imagination of the Amer- ican public because no parent or grand- David Strickland, Alex Hoehn-Saric, whether we had enough manpower in parent wants to buy something and Jana Fong Swamidoss, Mia Petrini, the Consumer Product Safety Commis- give it to a young child which could and Jared Bomberg. They were great. sion. So I think children’s toys are a harm or, in some cases, kill them. That Of course, on the Republican side are very big part of the emphasis in this is the type of thing that grabs the Paul Nagle and his team, including bill. headlines. Let me tell you, a couple of Megan Beechener, Becky Hooks, Let me talk about another few points levels deeper, one of the ways we make Bridget Petruczok, Erik Olson, Kate in the bill. We authorize significant up- toys safer for kids all over this coun- Nilan, Tamara Fucile, Brian Hen- grading and modernization of the try. What we did in this legislation is dricks, and Peter Phipps. equipment and labs used by the com- we established a statutory toy stand- Also, I thank the CPSC commission. mission to provide for more personnel, ard. Once we have that standard, and They helped as did their staff. Commis- including more personnel at ports of allow the CPSC to modify it over time, sioner Moore, and Michael Gougisha entry and in foreign countries, to im- once that is in the statutes, that means and Pam Weller of his staff, as well as prove inspection of manufacturing fa- we can test for that standard. Jack Horner of the acting chairman’s cilities abroad and the products This bill has mandatory toy testing. staff, all of these people played a key brought into our country from abroad. For the first time ever, we are going to We establish the most comprehensive role in getting us to this very good bi- test these toys to make sure they meet lead safety standards that we have seen partisan piece of legislation. the U.S. safety standards before they to date for toys and the paint manufac- As I said, this is something of which are ever sold in the marketplace. the Senate and House can be very turers use on toys. These standards are If you think about a recall, a recall is proud. Today, the White House an- implemented responsibly to give manu- a very uneconomical—I will use that nounced they will sign the legislation. facturers time to adapt, without com- term—and inefficient way to find a This is a major victory for the Amer- promising safety. The standards also dangerous product. So the manufac- ican people. Again, we followed the allow for use of alternative detection turer comes over here with a product— rules, we followed the correct process and measurement methods to improve many cases from overseas—and it is here. We got this done and we are going the accuracy and efficiency of testing distributed, sold, and it injures some- to make a big difference in the Amer- paint on small surfaces. one, and the recall happens, and these ican marketplace. We also strengthen enforcement by products are all over America. We are Mr. President, I will turn it over to increasing civil and criminal penalties streamlining it and making our mar- my colleague from Texas. and providing a limited role for State ketplace more efficient and better for The PRESIDING OFFICER. The Sen- attorneys general to work in concert people all over this country. ator from Texas is recognized. with the commission to enforce com- I will end where I started. I see Sen- Mrs. HUTCHISON. Mr. President, I mission actions in the States. This is a ator SUNUNU here, who played a very thank the Senator from Arkansas. huge improvement—one that Senator key role. All of the Senators helped in First, I have to say he was dogged in PRYOR, a former attorney general, was some ways. Again, I will end where I his determination to work out this bill. very aware that we could have better started, and that is that this is a great It was a very long conference, with information, because the attorneys piece of legislation. It really is. The many issues. It was complicated. The general in all of the States know, per- American people will be so pleased importance of it was paramount in haps more urgently and more rapidly, with the work we have done to get this both of our minds. when a product is deficient. So when passed and get the President to sign it. I also want to say that on something they can step in and take an action It will make a big difference in every- this hard, the leadership of our com- based on the Consumer Product Safety one’s lives all over this country. Again, mittee was the driving force. Senator Commission regulations, that is very it shows what we can do if we work to- INOUYE and Senator STEVENS, the helpful to expanding the reach. gether to solve our problems. chairman and vice chairman of our We can also point to other areas I am very honored and privileged to committee, worked so hard, along with where we made compromises. The bot- have Senator INOUYE designate me as their staffs, to make sure the process tom line is this is a very good bill. the lead guy on our side to do this, and kept going, that we never gave up. The Maybe you don’t like everything in it. to watch Senators STEVENS and INOUYE conference lasted for months. I cannot I agree. I didn’t get everything I want- work together. They set the pace on say enough about Senator INOUYE and ed in the conference, nor did anyone this legislation. Senator STEVENS and the partnership else. But as I said, this was a months- I thank the Chair. on this committee that produced this long conference committee. It was a The PRESIDING OFFICER. The Sen- great bill. bill that passed the Senate with many ator from Texas is recognized. Then Senator PRYOR and Senator amendments. Mrs. HUTCHISON. Mr. President, I SUNUNU, chairman and ranking mem- The Senate bill was vastly improved suggest the absence of a quorum. ber of the subcommittee, also worked in the conference. We could not have The PRESIDING OFFICER. The diligently and hard to make sure we done that without many hours—and clerk will call the roll.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7878 CONGRESSIONAL RECORD — SENATE July 31, 2008 The legislative clerk proceeded to HIGHER EDUCATION OPPORTUNITY Sanders Stevens Warner call the roll. ACT—CONFERENCE REPORT—Con- Schumer Sununu Webb Shelby Tester Whitehouse Mr. INOUYE. Mr. President, I ask tinued Smith Thune Wicker unanimous consent that the order for Specter Vitter Wyden The PRESIDING OFFICER. Under Stabenow Voinovich the quorum call be rescinded. the previous order, there will now be 2 The PRESIDING OFFICER. Without minutes of debate equally divided. NAYS—8 objection, it is so ordered. Ms. MIKULSKI. Mr. President, we Alexander DeMint Kyl Coburn Inhofe Sessions Mr. INOUYE. Mr. President, I ask for are about to vote on the Higher Edu- Corker Isakson the yeas and nays on this measure. cation Act. It is an excellent bipartisan The PRESIDING OFFICER. Is there a bill, led by the architect of the bill, ANSWERED ‘‘PRESENT’’—1 sufficient second? Senator TED KENNEDY, working with Snowe There appears to be a sufficient sec- Senator MIKE ENZI. NOT VOTING—8 ond. We bring to the Senate a bill that ex- Clinton Hagel McCain The question is on agreeing to the pands opportunity, expands the Pell Coleman Kennedy Obama Domenici Klobuchar conference report to accompany H.R. grants, simplifies the process, gets rid 4040. The clerk will call the roll. of cronyism in lending, and at the same The conference report was agreed to. The legislative clerk called the roll. time deals with important shortages Mr. REID. Mr. President, I move to reconsider the vote. Mr. DURBIN. I announce that the with teachers and with nurses. I think when you review the whole Ms. MIKULSKI. Mr. President, I Senator from New York (Mrs. CLIN- content, you will know that tonight move to lay that motion on the table. TON), the Senator from Massachusetts this Senate can pass a great bill. And The motion to lay on the table was (Mr. KENNEDY), the Senator from Min- we say to our friend, Senator KENNEDY, agreed to. nesota (Ms. KLOBUCHAR), the Senator who is watching this vote, ‘‘This one’s from Illinois (Mr. OBAMA) are nec- f essarily absent. for you, TED.’’ The PRESIDING OFFICER. The Sen- NATIONAL DEFENSE AUTHORIZA- Mr. KYL. The following Senators are ator from Wyoming. TION ACT FOR FISCAL YEAR necessarily absent: the Senator from Mr. ENZI. Mr. President, I just ask 2008—MOTION TO PROCEED Minnesota (Mr. COLEMAN), the Senator my colleagues to vote for this bill, and Mr. REID. Mr. President, the Repub- from New Mexico (Mr. DOMENICI), the I yield back the remainder of my time. lican leader and I have had a number of Senator from Nebraska (Mr. HAGEL), and the Senator from Arizona (Mr. The PRESIDING OFFICER. The conversations today. We know the cau- question is on agreeing to the con- cuses on his side and my side are tired. MCCAIN). ference report. We have had a very difficult few weeks. The PRESIDING OFFICER. Are there The yeas and nays have been ordered. We have a few more things to do this any other Senators in the Chamber de- The clerk will call the roll. work period. That work period can be a siring to vote? The assistant legislative clerk called matter of hours or it could be the next The result was announced—yeas 89, the roll. day. nays 3, as follows: Ms. SNOWE (when her name was Most would like to finish it tonight. [Rollcall Vote No. 193 Leg.] called). Present. If we could move up the cloture vote on YEAS—89 Mr. DURBIN. I announce that the the motion to proceed to the Defense Akaka Dorgan Murkowski Senator from New York (Mrs. CLIN- authorization bill, we could do that to- Alexander Durbin Murray TON), the Senator from Massachusetts night. The issue, it turns out now, is Allard Ensign Nelson (FL) (Mr. KENNEDY), the Senator from Min- how long that debate would take. On Barrasso Enzi Nelson (NE) our side we need 10 minutes. Senator Baucus Feingold Pryor nesota (Ms. KLOBUCHAR), and the Sen- Bayh Feinstein Reed ator from Illinois (Mr. OBAMA) are nec- LEVIN wanted a half-hour. He cut that Bennett Graham Reid essarily absent. back to 10 minutes. Biden Grassley Roberts If we could have some agreement on Bingaman Gregg Mr. KYL. The following Senators are Rockefeller the other side that we could take 10, 5 Bond Harkin Salazar necessarily absent: the Senator from Boxer Hatch Sanders Minnesota (Mr. COLEMAN), the Senator minutes, whatever is appropriate, we Brown Hutchison Schumer could finish that tonight and basically Brownback Inhofe from New Mexico (Mr. DOMENICI), the Sessions Bunning Inouye Senator from Nebraska (Mr. HAGEL), finish the work of the Senate for this Shelby Burr Isakson and the Senator from Arizona (Mr. work period and come back, renew our Byrd Johnson Smith Snowe MCCAIN). struggles in September. Cantwell Kerry I ask unanimous consent that we Cardin Kohl Specter The PRESIDING OFFICER. Are there Carper Landrieu Stabenow any other Senators in the Chamber de- move to the Defense authorization bill, Casey Lautenberg Stevens siring to vote? that the motion to invoke cloture on Chambliss Leahy Sununu that that was set for the morning, that Cochran Levin Tester The result was announced—yeas 83, Collins Lieberman Thune nays 8, as follows: we would do that following 10 minutes Vitter of debate controlled by the Senator Conrad Lincoln [Rollcall Vote No. 194 Leg.] Corker Lugar Voinovich from Michigan. The chairman of the Cornyn Martinez Warner YEAS—83 committee would control 10 minutes, Craig McCaskill Webb Akaka Conrad Landrieu and whomever the Republican leader Crapo McConnell Whitehouse Allard Cornyn Lautenberg Dodd Menendez Wicker Barrasso Craig Leahy designates on his side would control Dole Mikulski Wyden Baucus Crapo Levin whatever time they feel appropriate. NAYS—3 Bayh Dodd Lieberman The PRESIDING OFFICER. The Re- Bennett Dole Lincoln Coburn DeMint Kyl Biden Dorgan Lugar publican leader. Bingaman Durbin Martinez Mr. MCCONNELL. Mr. President, I NOT VOTING—8 Bond Ensign McCaskill would say to my friend, the majority Clinton Hagel McCain Boxer Enzi McConnell leader, we are prepared to vote right Coleman Kennedy Obama Brown Feingold Menendez Domenici Klobuchar Brownback Feinstein Mikulski now. Bunning Graham Murkowski A number of Members are prepared to The conference report was agreed to. Burr Grassley Murray have a vote immediately. I think we all Mr. DORGAN. Mr. President, I move Byrd Gregg Nelson (FL) Cantwell Harkin Nelson (NE) understand what we are voting on. I am to reconsider the vote by which the Cardin Hatch Pryor not sure many of our Members think conference report was agreed to, and I Carper Hutchison Reed any further debate about the whole move to lay that motion on the table. Casey Inouye Reid issue of whether to go to the Defense Chambliss Johnson Roberts The motion to lay on the table was Cochran Kerry Rockefeller bill at this particular time would be agreed to. Collins Kohl Salazar enlightened by any additional debate.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7879 We have a number of Members who be about whether we stay on the No. 1 CLOTURE MOTION have plans who know how to vote and subject in America and whether we Pursuant to rule XXII, the clerk will would be happy to vote. then do the Defense bill. report the motion to invoke cloture. The PRESIDING OFFICER. The Sen- It appears to me as if we have had The assistant legislative clerk read ator from Michigan. the suggestion, and I say to my good as follows: Mr. LEVIN. Mr. President, this bill is friend, the majority leader, why do we CLOTURE MOTION worth spending 10 minutes on tonight. not now have the vote? This is the Defense authorization bill. Mr. REID. Mr. President, I think that We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the For heavens’ sake, can we not set aside is appropriate, and I ask consent from Standing Rules of the Senate, hereby move the frustrations we all have on this everyone here that Senator WARNER to bring to a close debate on the motion to other issue and at least support our have a few minutes. proceed to S. 3001, the National Defense Au- troops and come together and unify be- Mr. WARNER. Mr. President, I thank thorization Act for Fiscal Year 2009. hind our troops? the distinguished leader. I do hope I Carl Levin, Christopher J. Dodd, E. Ben- Can we not at least set a time to can say one word. To my leadership, I jamin Nelson, John F. Kerry, Claire take up the Defense authorization bill, have explained to you I will soon con- McCaskill, Joseph R. Biden, Jr., Bill which is critically important? We can- clude 30 years in this Chamber. Nelson, Blanche L. Lincoln, Richard Durbin, Daniel K. Akaka, Robert not do this on the appropriations bill. Having served with 264 Senators in Menendez, Kent Conrad, Sherrod It would be legislating on an appropria- that period of time, I say thanks to Brown, Jack Reed, Jim Webb, Charles tions bill. This is a pay increase, spe- each and every one of them. But in E. Schumer, and Harry Reid. cial benefits, the BRAC implementa- that period, I think half my time has The PRESIDING OFFICER. By unan- tion. This has to do with whether fami- been devoted to issues relating to na- imous consent, the mandatory quorum lies are going to get support, whether tional security and the Armed Serv- call is waived. ices. I checked the records of the com- we are going to hire nurses. This is the The question is, Is it the sense of the mittee. We have had 42 consecutive men and women in uniform who are in Senate that the debate on the motion bills authorizing funds for the armed harm’s way. to proceed to S. 3001, an original bill to The suggestion is, we cannot spend 10 services of the United States. This will authorize appropriations for fiscal year minutes to debate on whether to take be the 30th of those bills that I have 2009 for military activities of the De- up an authorization bill. We have never participated in, in bringing to the floor partment of Defense, for military con- not passed an authorization bill. By and, hopefully, getting a strong en- struction, and for defense activities of law, we must pass an authorization bill dorsement of this body. the Department of Energy, to prescribe or else all the authorities which are I fully recognize the issues my col- military strengths for such fiscal year, critically important to the men and leagues have foremost in their mind at and for other purposes, shall be women in uniform are not going to be this moment. Not a one of them is brought to a close? passed. against our national defense, not a one The yeas and nays are mandatory This cannot just be another vote, an- of them by their votes now could be under the rule. other vote which divides us Repub- challenged as to their patriotism and licans from Democrats. We have to devotion to the men and women of the The clerk will call the roll. unify behind this bill. Senator WARNER Armed Forces of this country. The legislative clerk called the roll. and I and the members of the Armed But I will vote to go forth now, in an Mr. DURBIN. I announce that the Services Committee have worked effort to support the cloture motion. Senator from New York (Mrs. CLIN- month after month after month to get Mr. MCCONNELL. Mr. President, if I TON), the Senator from Massachusetts this bill up. This bill has been on the may, our good friend, Senator WARNER, (Mr. KERRY), the Senator from Min- calendar for 3 months. has, of course, been a leader on this nesota (Ms. KLOBUCHAR), and the Sen- If we do not decide to take up this issue throughout his tenure in the Sen- ator from Illinois (Mr. OBAMA) are nec- bill or have a place fixed to take up ate, and we respect his views. He has essarily absent. this bill when we get back, we are been a strong supporter of a strong na- Mr. KYL. The following Senators are going to have 3 weeks of an ongoing de- tional defense. necessarily absent: the Senator from bate on a critically important subject, But the issue before us tonight is Kentucky (Mr. BUNNING), the Senator I agree, energy, but then we will never whether we are going to continue to from Minnesota (Mr. COLEMAN), the get to the men and women in uniform. try to solve the No. 1 issue in the coun- Senator from New Mexico (Mr. DOMEN- This is not our bill. This is their bill. try, and that is the price of gas at the ICI), the Senator from Nebraska (Mr. Let’s vote to take it up and set a place, pump. It is not whether we will do a HAGEL), the Senator from Texas (Mrs. a firm place, where we can protect the Defense authorization bill. HUTCHISON), and the Senator from Ari- men and women in uniform. They are The ranking member of the Armed zona (Mr. MCCAIN). overstretched. The equipment is run- Services Committee shares my view, Further, if present and voting, the ning out. It is worn out. We owe them that the first thing we ought to do is Senator from Kentucky (Mr. BUNNING) this. Set aside these differences for a stay on the subject of energy, stay on would have voted ‘‘nay.’’ few minutes, just a few minutes, and the subject of getting the price of gas The PRESIDING OFFICER (Mr. agree to take up this bill. at the pump down, and then do the De- TESTER). Are there any other Senators If we cannot take it up now, fix a fense authorization bill. in the Chamber desiring to vote? time when we can take it up. That is I am authorized to speak on behalf of The yeas and nays resulted—yeas 51, my plea. I know Senator WARNER will the ranking member of the Armed nays 39, as follows: join in this plea. This cannot be a par- Services Committee, our colleague, [Rollcall Vote No. 195 Leg.] tisan vote. Senator MCCAIN, who shares my view YEAS—51 The PRESIDING OFFICER. The ma- that at this particular moment, the Akaka Durbin Murray jority leader. most important issue related to the na- Baucus Feingold Nelson (FL) Mr. REID. I do not know if the Sen- tional security of our country is to Bayh Feinstein Nelson (NE) ator took 10 minutes, but I think we stay on the subject of energy, finish Biden Harkin Pryor Bingaman Inouye Reed ARNER heard the speech. the job, and then, as Senator W Boxer Johnson Rockefeller Mr. LEVIN. May Senator WARNER be and Senator LEVIN have suggested, do Brown Kerry Salazar recognized for a few minutes? the job of passing the Defense author- Byrd Kohl Sanders The PRESIDING OFFICER. The Re- ization bill. Cantwell Landrieu Schumer Cardin Lautenberg Smith publican leader. Mr. REID. Mr. President, there is a Carper Leahy Snowe Mr. MCCONNELL. Mr. President, I unanimous consent pending. Casey Levin Stabenow think the majority leader made a good The PRESIDING OFFICER. Is there Collins Lieberman Tester point. I think we have heard the objection to holding the cloture vote at Conrad Lincoln Warner Dodd McCaskill Webb speech. Of course, we will not be pass- this time? Dole Menendez Whitehouse ing the bill before recess. This vote will Without objection, it is so ordered. Dorgan Mikulski Wyden

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7880 CONGRESSIONAL RECORD — SENATE July 31, 2008 NAYS—39 The assistant legislative clerk called cessed or adjourned until noon on Monday, Alexander Crapo McConnell the roll. September 8, 2008, or such other time on that Allard DeMint Murkowski Mr. DURBIN. I announce that the day as may be specified in the motion to re- Barrasso Ensign Reid cess or adjourn, or until the time of any re- Senator from New York (Mrs. CLIN- Bennett Enzi Roberts assembly pursuant to section 2 of this con- Bond Graham Sessions TON), the Senator from Massachusetts current resolution, whichever occurs first. Brownback Grassley Shelby (Mr. KENNEDY), the Senator from Min- SEC. 2. The Speaker of the House and the Burr Gregg Specter nesota (Ms. KLOBUCHAR), the Senator Chambliss Hatch Stevens Majority Leader of the Senate, or their re- Coburn Inhofe Sununu from Illinois (Mr. OBAMA) are nec- spective designees, acting jointly after con- Cochran Isakson Thune essarily absent. sultation with the Minority Leader of the Corker Kyl Vitter Mr. KYL. The following Senators are House and the Minority Leader of the Sen- Cornyn Lugar Voinovich necessarily absent: the Senator from ate, shall notify the Members of the House Craig Martinez Wicker Missouri (Mr. BOND), the Senator from and the Senate, respectively, to reassemble at such place and time as they may des- NOT VOTING—10 Kentucky (Mr. BUNNING), the Senator ignate if, in their opinion, the public interest Bunning Hagel McCain from Minnesota (Mr. COLEMAN), the shall warrant it. Clinton Hutchison Obama Senator from New Mexico (Mr. DOMEN- Coleman Kennedy Mr. REID. Mr. President, I move to ICI), the Senator from Nebraska (Mr. Domenici Klobuchar reconsider the vote, and I move to lay HAGEL), the Senator from Texas (Mrs. The PRESIDING OFFICER. On this that motion on the table. HUTCHISON), the Senator from Okla- vote, the yeas are 51, the nays are 39. The motion to lay on the table was homa (Mr. INHOFE), and the Senator Three-fifths of the Senators duly cho- agreed to. from Arizona (Mr. MCCAIN). sen and sworn not having voted in the Further, if present and voting, the The PRESIDING OFFICER. The Sen- affirmative, the motion is rejected. ator from Iowa is recognized. Senator from Kentucky (Mr. BUNNING) Mr. REID. Mr. President, I enter a would have voted ‘‘nay.’’ f motion to reconsider. The PRESIDING OFFICER. Are there ORDER OF PROCEDURE The PRESIDING OFFICER. The mo- any other Senators in the Chamber de- tion is entered. siring to vote? Mr. GRASSLEY. Mr. President, be- The majority leader. The result was announced—yeas 48, fore I speak, I have been asked to pro- f nays 40, as follows: pound a unanimous consent request on speaking orders: 4 minutes for Senator CONDITIONAL ADJOURNMENT OR [Rollcall Vote No. 196 Leg.] YEAS—48 GRASSLEY, 4 minutes for Senator RECESS OF THE HOUSE OF REP- COBURN, and whatever time Senator RESENTATIVES AND THE SEN- Akaka Feingold Mikulski Baucus Feinstein Murray HARKIN would consume. ATE Bayh Harkin Nelson (FL) The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- Biden Inouye Nelson (NE) objection, it is so ordered. Bingaman Johnson Pryor imous consent that the Senate now Boxer Kerry Reed f proceed to H. Con. Res. 398, a condi- Brown Kohl Reid tional adjournment resolution, and Byrd Landrieu Rockefeller MIDWESTERN FLOOD TAX RELIEF that the Senate vote immediately on Cantwell Lautenberg Salazar Mr. GRASSLEY. Mr. President, I rise Cardin Leahy Sanders adoption of H. Con. Res. 398; that if the Carper Levin Schumer for the purpose of a unanimous consent adjournment resolution is agreed to, Casey Lieberman Stabenow request for the Midwestern flood tax then it be in order for the Senate to Conrad Lincoln Tester relief bill sponsored by the Senators of Dodd Lugar Webb convene for pro forma sessions on the Dorgan McCaskill Whitehouse several Midwestern States, including following days: Tuesday, ; Fri- Durbin Menendez Wyden Senator HARKIN of my State, Senator day, August 8; Tuesday, ; Fri- NAYS—40 DURBIN, Senator OBAMA of Illinois, and day, ; Tuesday, ; other midwestern Senators. Alexander DeMint Sessions Friday, ; Tuesday, August 26; Allard Dole Shelby I rise to seek fairness and equity for Friday, August 29; Tuesday, September Barrasso Ensign Smith people in the Midwest who have been 2; and Friday, ; that at the Bennett Enzi Snowe hurt by floods, and I would say fairness Brownback Graham Specter close of each pro forma session, the Burr Grassley and equity as measured by how Con- Senate would stand in recess, except Stevens gress responded to the natural disaster Chambliss Gregg Sununu for the pro forma session of Friday, Coburn Hatch Thune of Katrina, New Orleans, et cetera. Cochran Isakson September 5, at which time the Senate Vitter I remember back in September of Collins Kyl Voinovich would adjourn; and that no business be Corker Martinez 2005, after that terrible catastrophe of Warner conducted during the pro forma ses- Cornyn McConnell August 29, what happened in New Orle- sions. Craig Murkowski Wicker ans. Within the week after we were in Mr. President, I also note to all Mem- Crapo Roberts session, after Labor Day, we had appro- bers, we will likely have a late vote on NOT VOTING—12 priated $60 billion. Within 3 weeks after the day we get back at 5:30—a 5:30 vote. Bond Domenici Kennedy that—I was chairman of the Finance The PRESIDING OFFICER. Is there Bunning Hagel Klobuchar Committee—we voted out of com- Clinton Hutchison McCain objection? Coleman Inhofe Obama mittee a tax equity bill that changed Without objection, it is so ordered. provisions of the Tax Code to encour- The clerk will report the concurrent The concurrent resolution (H. Con. age employers and businesses and peo- resolution by title. Res. 398) was agreed to, as follows: ple to stay there and weather it out. The legislative clerk read as follows: H. CON. RES. 398 What we did, we did without asking Resolved by the House of Representatives (the A concurrent resolution (H. Con. Res. 398) any questions. And now we seek the Senate concurring), That when the House ad- providing for a conditional adjournment of same tax relief for the States of the journs on the legislative day of Thursday, the House of Representatives and a condi- July 31, 2008, Friday, August 1, 2008, or Sat- Midwest that have had the same type tional recess or adjournment of the Senate. urday, August 2, 2008, on a motion offered of catastrophe happen to them. I would The PRESIDING OFFICER. The pursuant to this concurrent resolution by its measure catastrophe by a 500-year question is on agreeing to the concur- Majority Leader or his designee, it stand ad- flood in the city of Cedar Rapids, IA, rent resolution. journed until 2 p.m. on Monday, September which won’t be the same as it was prior Mr. LEVIN. Mr. President, I ask for 8, 2008, or until the time of any reassembly to the flood. the yeas and nays. pursuant to section 2 of this concurrent reso- So we have entered this legislation The PRESIDING OFFICER. Is there a lution, whichever occurs first; and that when for consideration. We have worked it the Senate recesses or adjourns on any day sufficient second? from Friday, August 1, 2008, through Friday, out with a lot of people who were in- There appears to be a sufficient sec- September 5, 2008, on a motion offered pursu- volved in it. We worked closely with ond. ant to this concurrent resolution by its Ma- Senator BAUCUS’s staff, with the staff The clerk will call the roll. jority Leader or his designee, it stand re- of Ways and Means, trying to satisfy

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7881 everybody. We think we have a con- under the bill he opposed. So it is sad. the 110th Congress to try to work on sensus. I wish this could have been resolved this. Instead, I chose to work, because Here it is, 6 weeks after the floods yesterday with the vote if the Repub- I couldn’t get a response, with Alvin hit, and Congress has not acted. Con- licans would have joined us. Unfortu- Sykes, a wonderfully incredible man, gress should act. In other words, nately, they did not. We will have to who is behind this bill. He has my ut- shouldn’t the people hurt by the nat- take this matter up when we return. I most respect and admiration. ural disaster of the Midwest have the hope we can find a way to help all of I will submit for the RECORD an arti- same consideration as the people of the victims, not just in the Midwest cle dealing with his incredible life New Orleans and those with other ca- but all across the country, which is the story and his commitment and arduous tastrophes? We are not getting it. It is tradition of the Senate and the House. work for this legislation. very clear that when our disaster is not Regretfully, I object. Mr. President, I reached a com- on television for 2 months in a row, The PRESIDING OFFICER. Objec- promise with Mr. Sykes and the Em- like the disaster of New Orleans was on tion is heard. mett Till Campaign for Justice, whose television for 2 months in a row, some- Mr. GRASSLEY. Mr. President, I ask board of directors has endorsed our how Congress is absentminded about unanimous consent for 1 minute. compromise language. what happened in the Midwest. The PRESIDING OFFICER. Without I ask unanimous consent that an e- So we face things like arguments objection, it is so ordered. mail we got from Mr. Sykes be printed from staff of some of the people in the Mr. GRASSLEY. Mr. President, I in the RECORD. other body that, well, this disaster point out that what the Senator from There being no objection, the mate- wasn’t anything like what happened in Illinois described is an amendment rial was ordered to be printed in the Katrina or you hear things like, well, that would not have responded to the RECORD, as follows: we need to offset this bill. When I was Midwest in exactly the same way as we From: Alvin Sykes. chairman of the Senate Finance Com- responded to Katrina. It would not To: Bacak, Brooke. mittee and the people in New Orleans have been as beneficial. It also did not Sent: Thu July 31, 2008. were hurting, we did not ask for off- contain the same 25 provisions we did DEAR SENATOR COBURN:, First allow me to sets. We did not play political games for New Orleans, which were in that extend our appreciation and admiration for with the legislation we eventually tax bill to help them. you and your staff’s assistance and commu- passed, like some efforts this Midwest I think we have a situation where we nication with us concerning S. 535 the Em- Tax Flood Relief Act ought to be con- ought to respond the same way we did mett Till Unsolved Civil Rights Crime Act. nected with extenders or with AMT or for Katrina. We are not doing it be- While we still believe that the hold that you something like that. We got the job cause the disaster in the Midwest is as placed on our bill was not the good way to effect the institutional change in the manner done. We didn’t worry about it. bad. When we thought about Katrina, that the United States Senate does business I come before this body tonight to we didn’t argue with other people we do appreciate the open lines of commu- ask for consideration of this legisla- about going back and taking care of nications and respect that your staff, in par- tion. disasters that previously happened. We ticular Brooke Basak and Tim Tardibono, UNANIMOUS CONSENT REQUEST—S. 3322 took care of what was before us. have shown us in negotiating with us on pro- At this point, I ask unanimous con- Right now, the flood of the Midwest posed language and conditions that would sent that the Committee on Finance be is before us, and we ought to have the address your concern and minimize the loss discharged from further consideration same equity and fairness that, when we we have suffered from going this route. of S. 3322 and the Senate proceed to its had a Republican Congress, we gave to Therefore our Board of Directors has voted to endorse a unanimous consent agreement immediate consideration. I ask unani- New Orleans. Whether we have a Demo- that would include the latest draft language mous consent that the Grassley amend- cratic Congress or a Republican Con- that rectifies the concerns with the con- ment at the desk be agreed to; that the gress, that should not make any dif- troversy over the Attorney having authority bill, as amended, be read the third time ference. We are being treated dif- to reprogram funds from one congressionally and passed; that the motion to recon- ferently when the Democrats control directed fund to another by elleviating all sider be laid upon the table; and that the Congress. reference to reprogramming and replaced the bill be held at the desk pending I yield the floor. with prioritizing spending request if Con- House action on the companion meas- The PRESIDING OFFICER. The Sen- gress does not fully fund the Till Bill. Fur- thermore we support you having the right to ure. ator from Oklahoma is recognized. submit this language as amendment in the The PRESIDING OFFICER. Is there Mr. COBURN. Mr. President, I ask cloture vote process as long as the floor de- objection? unanimous consent that I may speak bate time is limited and that you would not Mr. DURBIN. Mr. President, reserv- for about 7 minutes. I will try to do it replace your hold on our bill if your amend- ing the right to object, I am speaking in less time. ment fails. Nothing in this request is meant on behalf of Senator BAUCUS. I note The PRESIDING OFFICER. Without to criticize the Senate Leadership on the that the Senator from Iowa realizes the objection, it is so ordered. enormous work that they have done to craft bill that was before us yesterday, S. Mr. COBURN. Mr. President, I thank and advocate for the passage of this bill espe- 3335, would not only have taken care of the majority whip for being on the cially the good work of Patrick Grant in Senator Dodd’s office and Darrell Thompson his State of Iowa, which truly deserves floor tonight. I am one of the reasons in Senate Majority leader Harry Reid who disaster assistance, but also my State why he is here, so I beg his indulgence has kept hope alive on this historic bill. of Illinois and all of the States that at this time. However we firmly believe that truth and faced that disaster problem this year. The Emmett Till Unsolved Civil justice can be best achieved by opening and Unfortunately, it did not pass; other- Rights Crime Act was first introduced maintaining effective lines of communica- wise, it would have been on its way to in the 109th Congress. The Republican tion and searching for a win-win justice the House yesterday. Had we received sponsor at that time on our side of the seeking solution. We further believe that more than five Republican votes, it aisle agreed to the offsets in that bill. since you started this by placing your hold on our bill you should be the one to finish it. might have passed the House and be on That wasn’t agreed to by the other Therefore the Emmett Till Justice Cam- its way to the President. But the deci- side, so that bill wasn’t passed. Al- paign, Inc. request that you make an over- sion was made on the Republican side though the offsets were accepted, it ture to the Democratic Leadership and the of the aisle not to vote for that meas- was still opposed. sponsors of the Till Bill by introducing the ure that would have helped Iowa, Illi- Over the past 5 months, two press Emmett Till Unsolved Civil Rights Crime nois, and all of the States. conferences have highlighted my ‘‘ob- Act, as proposed amended, under the unani- The measure Senator GRASSLEY struction’’ of this bill and questioned mous consent agreement outlined above to- brings before us leaves behind victims my motives for holding it. I sent two night in the interest of time, truth and jus- of disasters in States of Nevada, Colo- letters to the prime sponsors of the bill tice. Sincerely, in the pursuit of justice, rado, Kentucky, Missouri, Mississippi, and to the majority leader offering to I am, Tennessee, and Texas—to name a few— negotiate a compromise on the bill. ALVIN SYKES, who would receive no relief under Sen- None of those were ever responded to. President, ator GRASSLEY’s bill but would have No sponsor ever contacted my office in Emmett Till Justice Campaign, Inc.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7882 CONGRESSIONAL RECORD — SENATE July 31, 2008 UNANIMOUS-CONSENT REQUESTS bill, S. 3344, is the Protecting Children I also make the statement that this Mr. COBURN. Mr. President, at this from Pornography and Internet Exploi- came out by a voice vote from the time, I ask unanimous consent to call tation Act of 2008. Committee. I didn’t vote ‘‘yes’’ on the up and pass the modified Emmett Till I had a conversation with Senator bill in the committee. No. 2, there is no Unresolved Civil Rights Crime Act, BIDEN this evening. He is in full agree- requirement that a Senator, even if he where it is paid for by taking money ment with this. He understands that votes for a bill in committee and is as- that is not appropriated. This is the others on his side of the aisle might sured he can work on the bill after the problem everybody had, not offsetting. not be in agreement. He is the chief committee, is obligated to support a What this bill will do is, if we don’t ap- sponsor of that bill. Our bill gives ev- bill that comes out of his committee. propriate—and we won’t this year, be- erything that was included, plus the The next unanimous consent request cause we are going to have a con- SAFE Act, which everybody agrees I have is on this same bill, S. 3344, ti- tinuing resolution—this will allow that needs to be a part of any approach we tles I and IV, which include the PRO- money to be divided out in three cat- make. The authors on the other side of TECT Act and the SAFE Act. egories in the Justice Department, the aisle took a $1.3 billion authoriza- I ask unanimous consent that those which the Justice Department is ac- tion and compromised and lowered two sections be called up and passed. cepting from both legal salaries, the that. We compromised by accepting They are identical; nothing has FBI, and the U.S. Marshals—all the that spending on the basis that we changed and there is nothing con- people working on these unresolved would add the SAFE Act to it. This bill troversial. Again, I ask unanimous con- civil rights cases. I ask unanimous con- has been changed in substance in no sent that they be passed. sent that it be called up and passed at way other than that. The PRESIDING OFFICER. Is there this time. I ask unanimous consent that it be objection? The PRESIDING OFFICER. Is there called up and passed. Mr. DURBIN. Reserving the right to objection? The PRESIDING OFFICER. Is there object, I understand the embarrass- Mr. DURBIN. Reserving the right to objection? ment and pain the Senator feels having object, Mr. President, earlier this Mr. DURBIN. Reserving the right to voted on these bills—— week, on Tuesday or Wednesday, we object, This is another bill of the 35 Mr. COBURN. Mr. President, par- considered a package of bills, some 35 that have been held for an indefinite liamentary inquiry. bills that had been held for a lengthy period of time by the Republican side The PRESIDING OFFICER. The Sen- period of time—for months—which of the aisle. We offered a package ator will state it. could have been considered, amended, which had included measures for med- Mr. COBURN. Mr. President, changed, and brought forward. They ical research, which has been held for shouldn’t an objection to the bill be were held with no chance for any kind an indefinite period of time on the Re- stated? of movement. This was one of them. publican side of the aisle. The PRESIDING OFFICER. Does the Sadly, this is a bill that has been This bill which, ironically, was re- Senator object? considered and passed by the House of ported out of the Judiciary Committee, Mr. DURBIN. I object. Representatives and has been out there which Senator COBURN and I both serve Mr. COBURN. Mr. President, there is for more than a year. I would like to on—I believe it was reported unani- no embarrassment or any pain on my see the bill passed—I would. But the mously—is a bill that deals with child part to try to do this. I have worked on fact that the Senator from Oklahoma exploitation. I believe it is a bill that these bills to try to do what I thought worked out his differences with some deals with Internet pornography, if I was right. I reject any statement that person, as well intentioned as it may am not mistaken. It is something I am embarrassed. I have no pain about be, doesn’t escape the reality that this which should have not only gone out of this. I am proud of the work I have bill has been the subject of hard work committee unanimously, but it should done in trying to stop excessive spend- by a lot of Senators and Congressmen. not have been subject to the holds on ing and when we have appropriate pro- Unfortunately, it was subjected to a the Republican side of the aisle for rea- grams to favor that spending through hold by a Member on the Republican sons that are not explicit. In despera- offsets of other wasteful spending. side. I hope that, in good faith, when tion, an effort was made to bring these I ask unanimous consent to call up we return, we can return to this bill. I to the floor and ask for a bipartisan re- and pass subtitle D of S. 3297, the Effec- would like to see this and all 35 bills in sponse and to pass them in a timely tive Child Pornography Prosecution the package passed and taken as seri- way. The Senator from Oklahoma Act. This was never held by anybody on ously as the Senator from Oklahoma is voted against that, as did most of the our side. It was never objected to by now taking this bill. Senators on his side. anybody on our side. There was never a Unfortunately, at this moment, I Many are now coming to the floor hold and never an objection. must object. trying to revive the bills they voted I ask unanimous consent right now Mr. COBURN. Mr. President, it is sad against a couple days ago. I wish the that we pass that one bill. Even if you to note that this could not pass to- same level of interest and effort would want to play politics, the point is, here night. We could accomplish what ev- have been taken during the period is one we can do tonight. Nobody has erybody claims to want. The fact that when these bills languished subject to ever objected to it in the Senate. We nobody was willing to work on this their hold. At the last minute, vir- can pass and still have the 34 or 33 bill, but held it without compromise tually right after the Senate has ad- bills. Here is one we can make a dif- and without offsets, it is the same journed and left, it is not fair to bring ference with tonight. issue again. We are going to grow the these up. I hope we can do this as soon I ask unanimous consent to call up Government and not get rid of waste. as we return. and pass this item. There is $2 billion in waste a year in At this moment, I have to object. The PRESIDING OFFICER. Is there the Justice Department. Yet we are The PRESIDING OFFICER. Objec- objection? going to grow this program and not pay tion is heard. Mr. DURBIN. Reserving the right to for it. Mr. COBURN. Mr. President, I ask object, this was part of the 34, 35 bills The PRESIDING OFFICER. Objec- unanimous consent for an extension of in a package that was held. For reasons tion is heard. my time as I go through the rest of I cannot explain, some Member on the Mr. COBURN. I also note for the these. I will be as brief as possible. Republican side did hold it. That is RECORD that I spoke with Senator The PRESIDING OFFICER. Without why it was put in the package. DODD about the bill tonight. He had no objection, it is so ordered. The Senator voted against the pack- objection whatsoever and he agreed Mr. COBURN. I also note, again, age, and I object. with the compromise. He is the chief there were hard efforts to work this The PRESIDING OFFICER. Objec- sponsor on that side of the aisle. out. The fact is, the majority has de- tion is heard. Mr. President, I call up and ask cided that all the bills will be in one Mr. COBURN. Mr. President, I ask unanimous consent to pass a com- package, regardless of the efforts we unanimous consent to call up and pass promise bill on child exploitation. The have worked on. subtitle E of S. 3297, the Enhancing the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7883 Effective Prosecution of Child Pornog- of every one of us as Senators—are de- This bill should have been passed raphy Act. This is a bill that also was ciding: I will just take a cluster of quickly, and it was held on the Repub- never held on our side of the aisle. these bills and hang on to them. I will lican side of the aisle until we had to Again, I make the same argument let my staffers look them over. We will bring it up in this package and then that, in fact, we can do something to- get back to you in a few weeks, maybe voted against, voted not to bring it for- night. There is no controversy sur- a few months, maybe never. That ward. rounding this bill, no controversy abuses the process. In their frustration, they have now about what we should be doing. I ask I believe if someone has a serious tried to come out at the close of the unanimous consent that we pass this problem with a bill, has a misgiving, week and have something to point to: I item. they should announce their hold and tried to come back on the floor, I tried The PRESIDING OFFICER. Is there the reason for the hold, and, I guess, to bring the bill up, but Democrats ob- objection? out of respect for the sponsor, to go jected. The true story is those bills Mr. DURBIN. Reserving the right to forward and explain what the problem have been held up for months. They object, same argument, same objec- is. If it can be resolved, fine, and if it have been held up on the Republican tion. cannot be, so be it. side of the aisle. The PRESIDING OFFICER. Objec- I also want to say this: What is I sure hope my colleagues will under- tion is heard. wrong with calling up these bills and stand they cannot run the Senate the Mr. COBURN. Mr. President, I thank those who don’t like them voting way each one wants to run it. We can- the majority whip for his patience in against them? That is their right to ex- not let every single Senator decide the dealing with this business tonight. press their displeasure on the record. agenda of this Senate or it will be dys- I will end my remarks with the fol- But to hold the bill—if I can’t have it functional and chaotic and many good lowing: What we have had in the Sen- my way, no one gets a chance to vote— pieces of legislation will never see the ate this past week is an attempt to I think pushes it to the extreme. To do light of day. change the Senate to the House. The that occasionally in your senatorial ca- Mr. President, I yield the floor and Senate’s tradition is debate and amend. reer, I can understand. But to make suggest the absence of a quorum. Every one of the bills I have had a hold that the business of the Senate is to The PRESIDING OFFICER. The on, I proudly hold those bills. I have guarantee total frustration. clerk will call the roll. notified everyone involved in the legis- Today in the Senate Judiciary Com- The assistant legislative clerk pro- lation on why I was holding those bills. mittee, I couldn’t help but interrupt ceeded to call the roll. The fact that we had no response to ne- the proceedings and ask what the point Mr. DURBIN. Mr. President, I ask gotiate any sort of compromise what- was of deliberating on bills if some of unanimous consent that the order for soever on those bills tells us there was the same Senators who were going to the quorum call be rescinded. no good intent in the first place to try vote for those bills out of committee The PRESIDING OFFICER. Without to pass those bills. were going to hold them once they objection, it is so ordered. Let the record show that the Emmett came to the floor and really make sure f Till bill could have been passed to- they never had a chance to be passed night, supported by the very people into law. That is fact. That is what has MORNING BUSINESS who started this bill in the first place, happened. Mr. DURBIN. Mr. President, I ask who started the effort to get it passed, Because of the pain that has been unanimous consent the Senate proceed who endorsed our efforts and, in fact, it caused by these earlier votes where Re- to a period of morning business, with was denied. publicans have come to us privately Senators permitted to speak for up to I yield the floor. and said: We are sorry we voted this 10 minutes each. The PRESIDING OFFICER. The as- way; some of these bills are bills we The PRESIDING OFFICER. Without sistant majority leader. really wanted to vote for, now they objection, it is so ordered. Mr. DURBIN. Mr. President, let me have come to the floor and tried to f just say I do respect the Senator from pick them off one at a time and reduce Oklahoma. He and I have worked to- the pain and—I will use the word ‘‘em- CONGRATULATING TERRY gether. I do respect the fact that when barrassment,’’ although Senator SAUVAIN he puts a hold on a bill, he is public COBURN says neither applies to him. I Mr. BYRD. Mr. President, St. Igna- about it. There are many people who think for some of his colleagues there tius High School is a private, Roman sneak around here who hold legislation is embarrassment that they would vote Catholic, Jesuit high school for young and hope they will never be discovered. against a bill to establish a national men located in Cleveland, OH. The Senator COBURN from Oklahoma does registry for victims of Lou Gehrig’s school is renowned for its high stand- not take that position. I respect him disease, that they would put a hold on ards of academic excellence, with near- for that. I may disagree with him on a bill that was designed to deal with ly 100 percent of its graduates attend- many substantive issues, and we do dis- paralysis, the Christopher Reeve bill, ing colleges and universities within one agree, but I do respect him for his ap- in an attempt to honor this man and year of graduation. proach. all he did and try to help quadriplegics Under the leadership of Rev. Tim Let’s be very honest about this situa- across the country; a bill cosponsored Kesicki, S.J., and his predecessor, Fr. tion. These 35 bills are bills we wanted by Senator COCHRAN and Senator KEN- Robert J. Welsh, S.J., this high school to pass. They are bills passed out of NEDY to deal with stroke victims, that works hard to produce students who committee. They are bills sponsored by they would put a hold on that; a hold are open to growth, intellectually com- Democrats and Republicans. They are on a bill in which I have a great inter- petent, loving, religious, and com- bills we tried to bring up by unanimous est dealing with postpartum depres- mitted to doing justice. In summary, a consent that were held by the Repub- sion. St. Ignatius student is a ‘‘man for oth- lican side of the aisle. In our frustra- The belief on that side of the aisle is, ers.’’ tion over these holds, we packaged it is all right; we can hold them until Each year, Saint Ignatius High them together and asked Republicans they are exactly the way we want. School presents its annual John V. to join us and pass them in a bipartisan That has gone on too long, for months Corrigan ’38 Distinguished Alumnus way. and even longer. Award to a graduate with notable Each and every one of these bills had When it comes to some of these bills achievements who has used his talents virtual unanimous affirmation in the relating to criminal sections, some of and skills for those in need, consistent committees to which they were re- these should be passed in a hurry. I with the paramount objective of Jesuit ferred, and most of them had passed don’t know any one of us who does not education the formation of ‘‘Men for overwhelmingly with bipartisan votes want to deal with Internet pornog- Others.’’ The award recognizes an ac- in the House. raphy that threatens our children and complished graduate who serves as a But now we have a situation where grandchildren, kids in our commu- positive role model for the students of individual Senators—and it is the right nities. We had this bill ready to go. St. Ignatius High School.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7884 CONGRESSIONAL RECORD — SENATE July 31, 2008 I am quite proud and most pleased to committee staff director. He was only the with, but also to those that had the announce that the 2008 John V. 14th person to serve in that capacity since privilege to serve on his staff. I don’t Corrigan ’38 Distinguished Alumnus the committee was founded in 1867. As staff think he even referred to them as his Award was presented to the one of the director, he was the senator’s right arm in staff but as his Senate family—the reviewing budgetary expenditures of $1 tril- Senate’s very own, Mr. Terrence E. lion annually. For his service to the senator Helms Senate family. Sauvain, who currently serves in my in the humanitarian fight to bring relief to His dedication to his staff is exempli- office of the President pro tempore as a children with HIV/AIDS in Africa, he was fied by the number of his staffers that senior advisor. awarded the Nyumbani Medallion of Hope. went on to serve in important positions I have been very fortunate to have Throughout his 43 years of public service, in federal and state government and in had Terry as a member of my staff for Sauvain has tried to live the lessons he the private sector, having been ‘‘tu- so many years. In every task I have learned at Saint Ignatius and the University tored and trained’’ in the discipline of asked him to undertake, including 2 of Notre Dame. He has always been im- Senator Helms. An excellent example pressed by the Prayer for Generosity that years of service as the secretary to the Saint Ignatius students recite, and he is con- is Robert Wilkie, now serving in the minority leader, Terry has performed vinced that those whom we most admire Defense Department as Assistant Sec- his duties with courtesy, dedication, ef- have demonstrated personal sacrifice and retary for Legislative Affairs. ficiency, and diligence. In every posi- dedication to duty, which require a great Respect for Senator Helms extends tion, he has gone above and beyond the measure of personal generosity. well beyond these Senate halls to call of duty in performing the work of Sauvain earned a master’s in government across the globe. Senator Helms’ expe- the Senate, assisting my representa- from George Washington University in 1971. rience with foreign policy started with tion of the people of West Virginia, and Capt. Sauvain, USCGR ret., served 30 years his service in the U.S. Navy during in the Coast Guard Reserve, his ‘‘second World War II and continued with his ef- serving the best interests of the Na- job,’’ where he specialized in joint Coast tion, and for all this, I am truly grate- Guard and National Guard counter-drug op- forts to reform the United Nations. His ful. erations. He is the recipient of the Coast effect was no less prevalent when he Terry Sauvain also served as the 14th Guard Meritorious Service Medal, the Na- was the first legislator to address the staff director of the Senate Appropria- tional Guard Eagle Award and the National U.N. Security Council. I was privileged tions Committee, since the committee Guard Association Patrick Henry Award. to witness his stalwart performance. was formed in 1867. In this role, Terry In 2006, the University of Notre Dame hon- It goes without saying that the Sen- directed a great team of professional ored him with The Reverend John J. ate, this Nation, and the State of North Cavanaugh, C.S.C. Award for distinguished Carolina are better today because of analysts with a goal of ‘‘sharpening the public service. In 2007, the U.S. Coast issues’’ so that Senators were able to Guard’s commandant presented him with a Senator Helms. I extend my most make bipartisan, responsible, and fis- Distinguished Public Service Award. heartfelt condolences to the Helms cally prudent decisions on Federal Gov- He and his wife, Veronica, have three chil- family and his friends. ernment spending amounting to $1 tril- dren: Marie Robertson (James), Catherine Mr. GRAHAM. Mr. President, today I lion per year. Terry’s outstanding serv- and Terrence Jr.—all lawyers. rise to speak about the contributions ice to the Senate has earned him a va- f and service of one of the true giants of the U.S. Senate. riety of honors, including the REMEMBERING SENATOR JESSE Senator Jesse Helms of North Caro- Nyumbani Medallion of Hope for his HELMS work supporting me in the humani- lina was one of the longest serving and tarian fight to bring relief to children Mr. WARNER. Mr. President, I rise most distinguished Senators in the his- with HIV/AIDS in Africa. today to pay tribute to a fellow Sen- tory of our Nation. During his time in I heartily congratulate Terry ator, a friend, and a true Southern gen- the Senate, he was known as a strong Sauvain and his family on his receipt tleman, Senator Jesse Helms, who advocate for his causes and was one of of this award. passed away on , 2008. He was a the most tenacious fighters this body I ask unanimous consent that an ar- man resolute in his beliefs. I have has ever seen. Senator Helms knew ticle appearing in the most recent issue heard many say here in the Senate, as what he believed, why he believed it, of St. Ignatius Magazine concerning well as outside the Capitol Grounds, and he was always prepared to fight this award be printed in the RECORD. that regardless of what you thought strenuously for his cause. There being no objection, the mate- about his position or opinion, you al- On those occasions when the Senate rial was ordered to be printed in the ways respected Senator Helms for was prepared to promote ideas with RECORD, as follows: standing up for what he believed. which he disagreed, Senator Helms TERRENCE SAUVAIN HONORED FOR As a master of the Senate parliamen- proved to be one of the most adept at DISTINGUISHED PUBLIC SERVICE tary procedures, he did not hesitate to slowing the body to a crawl. It was a (By Paris Wolfe) use this knowledge as a tool when he trait that endeared him to many of his This past February, Terrence Sauvain ’58 thought it was necessary to get his supporters and was a source of much received The Honorable John V. Corrigan ’38 point across. While inevitably these consternation for his detractors. Distinguished Alumnus Award for notable tactics might have frustrated some of However, if there is one accomplish- achievements in his profession. his colleagues from time to time, Sen- ment for which Senator Helms will be During the selection process, the award ators couldn’t help but marvel at his long remembered and greatly admired, committee asked former award recipient Fr. courageous defense of his beliefs, and it is his steadfast warnings and com- Thomas Acker, S.J., ’47, about Sauvain. ‘‘He was glowing about Terry, and all he’s done,’’ they never doubted that Senator Helms mitment to fighting the scourge of says Steve Gerba ’89, committee chair. would treat them with respect. I have communism. Not a day went by that Sauvain spoke to students during his visit heard from those close to Senator Senator Helms was not concerned to Cleveland. ‘‘He shared insight into govern- Helms, and experienced it myself, that about the spread of communism around ment,’’ Gerba recalls. ‘‘He couldn’t say he was true to his belief that standing the globe. enough about good education as a career up and defending one’s opinion was Like President Reagan and South foundation.’’ never to be confused with, or providing Carolina’s own longstanding Senator In August 2002, Wheeling Jesuit University recognized Sauvain’s career achievements. a reason for, animosity towards one’s Strom Thurmond, Senator Helms un- The university conferred an honorary Doctor opponents. derstood that communism was an evil of Humane Letters degree on Sauvain in the His kindness and respect did not stop ideology and, at its most basic form, a presence of U.S. Sen. , U.S. Rep. with his colleagues in the Senate. Sen- means of enslaving millions of people. Alan Mollohan and Fr. Acker, president ator Helms was a true advocate that As a nation of freedom-loving people, emeritus of Wheeling Jesuit University. The Senators were here to represent and we had a responsibility to stop its degree recognizes Sauvain’s contributions to serve their constituents regardless of spread. the United States through a distinguished any party affiliation, and his office was The struggle against communism career in public service under Byrd’s leader- ship and mentoring. known for its impeccable constituent continued for decades with Senator Sauvain considers himself fortunate to services. His beliefs and service to his Helms playing a leading role in encour- have served Byrd, master of the appropria- fellow citizens not only endeared him aging our Nation to confront this evil. tions process, as the Senate Appropriations to those he served or those he served Eventually, the hard line he took

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7885 against communism, along with am glad to say I served in this chamber Very few Americans in our Nation’s Reagan, Thurmond, and others, was with Jesse Helms and will always history have risen to the level of ac- vindicated. The Berlin Wall tumbled honor his passion for life and dedica- complishment and reverence as Jesse and the Soviet Union collapsed. tion to service in the Senate. Helms. During three decades in the Today, communism has been discred- Mr. ENSIGN. Mr. President, Presi- Senate, he set an example for all Amer- ited and millions of people have been dent William McKinley once said, icans as he always stood by his prin- freed from its bonds. Senator Helms, ‘‘That’s all a man can hope for during ciples and extended kindness to friend and the other strong anti-Communists, his lifetime—to set an example—and and foe. Now he is an inspiration for deserve our thanks for their steadfast when he is dead, to be an inspiration history. fight and eventual victory over com- for history.’’ f munism. It would not have been pos- Of all his accomplishments during his sible without their hard work. lifetime, the example that Senator FORMER VICE PRESIDENT In closing, I was saddened to hear of Jesse Helms set for treating others PROTECTION ACT OF 2008 the passing of Senator Helms and I rises above everything else. During my Mr. LEAHY. Mr. President, I am want to take this opportunity to send first term in the Senate, I had the pleased that, last night, the Senate my condolences to his family and privilege of traveling to Mexico as part unanimously passed the Former Vice friends. I also want to express my sin- of a congressional delegation with President Protection Act, H.R. 5938, a cere appreciation for his long service in Jesse Helms. I saw his kindness and bill to ensure that former Vice Presi- the U.S. Senate and to the Nation he sincerity in the way he treated every- dents and their immediate family re- loved. one, regardless of position. The foreign ceive Secret Service protection for 6 Mr. SPECTER. Mr. President, I have dignitaries received the same respect months after they leave office. I am es- sought recognition to pay tribute to and consideration as staff. Not enough pecially pleased that this important my late colleague from North Carolina, Senators treat members of their staff legislation includes key provisions of Senator Jesse Helms. I look back upon like members of their family, but Jesse the Leahy-Specter Identity Theft En- his career in the U.S. Senate and re- Helms did. And that gentleness ex- forcement and Restitution Act, a crit- member a true champion of conserv- tended to all who came into contact ical cyber crime bill that unanimously ative values; a Senator who stood by with him. passed the Senate last November. I his convictions with a tenacity for The kindness with which he touched urge the House of Representatives to which he will long be remembered. so many lives stands in stark contrast promptly take up and enact this impor- Senator Helms was initially intro- to the harsh and tough image which tant criminal legislation. duced to public service by his father, many had of Jesse Helms. Seen as Although the Secret Service has pro- who served their North Carolina com- rough and hard-hitting, a more fitting vided protection to former Vice Presi- munity as both the fire chief and the description of Jesse Helms is that he dents over the last 30 years, through a chief of police. After working in print, was a steadfast believer in the prin- variety of temporary grants of author- radio, and television journalism and ciples of America. Jesse Helms was the ity, this legislation will provide clear serving on the Raleigh City Council, voice, sometimes the lone voice, of a authority for the Secret Service to pro- Jesse Helms decided to run for Senate centuries’ old vision of a sovereign vide such protection for the first time. in 1972 and proved his political mettle United States committed to freedom, a The men and women of the Secret by defeating three opponents to win strong national defense, and free enter- Service perform the very difficult job the seat. prise. He was willing and able to stop of protecting our current and former Senator Helms spent the next 30 business in the Senate when the leaders exceptionally well. I am years serving five terms in the Senate, strength of our Nation was threatened. pleased that this legislation will help leaving behind a legacy of uncompro- But to those whose lives were person- the Secret Service to carry out this im- mising and unapologetic conservatism. ally touched by Jesse Helms, progress portant mission. He could boast of many accomplish- was never paused. Instead, Jesse Helms This bipartisan legislation also in- ments during his career, including was a conduit of democracy and oppor- cludes important cyber crime provi- being dubbed ‘‘Senator No,’’ a moniker tunity. Generations of Cubans, Tai- sions portions of the Identity Theft En- he earned for standing strong against wanese, Iraqis, and Africans will al- forcement and Restitution Act to pro- issues he felt threatened the conserv- ways remember the support that a Sen- tect the privacy rights of all Ameri- ative agenda. Senator No chaired the ator from North Carolina dedicated to cans. The anti-cyber crime provisions Agriculture Committee from 1981–1987 their causes. in this bill are long overdue. A recent and the Foreign Relations Committee And countless North Carolinians will survey by the Federal Trade Commis- from 1995–2001, where he had a hand in remember the meaningful impact that sion found that that more than 8 mil- cultivating many important pieces of Jesse Helms had on their lives as their lion Americans fell victim to identity legislation. His firm stance against advocate to a sometimes unyielding theft in 2005. In addition, a new report tyranny led to successful negotiations government bureaucracy. One con- by the Organization for Economic Co- and passage of a bill to assist Cuban stituent from Raleigh noted her Sen- operation and Development encourages citizens, organized efforts to bring ator’s efforts on behalf of her aging democratic governments around the more countries into the NATO alliance, parents. She remembered her mother world to more aggressively fight iden- and supported the development of a saying if there was a problem that tity theft by enacting stronger cyber missile defense system to defend our couldn’t be resolved, ‘‘Call Jesse crime laws and stiffening the penalties allies abroad. Helms. He won’t stop until he gets it to deter potential cyber-criminals. Senator Helms also made his pres- solved.’’ The key anti-cyber crime provisions ence known on the national campaign His commitment to his constituents that are included in this legislation trail where played a pivotal role in fos- speaks volumes about Jesse Helms’s will close existing gaps in our criminal tering the conservative agenda in Ron- passion for his job and the people who law to keep up with the cunning and ald Reagan’s presidential campaign in elected him. He always remembered ingenuity of today’s identity thieves. 1976. His efforts were so effective he who he represented and why. And he al- First, to better protect American con- was asked to participate again in 1980. ways remembered that we ensure the sumers, the legislation provides the Clearly ‘‘Senator No,’’ a moniker he strength of our Nation by inspiring victims of identity theft with the abil- earned for standing strong against young people to continue the work of ity to seek restitution in Federal court issues he felt threatened the conserv- generations of patriots. He never for the loss of time and money spent ative agenda, helped the future Presi- turned away young men and women restoring their credit and remedying dent shape his conservative message. looking for advice and often engaged the harms of identity theft, so that Senator Helms and I may have dif- them in dialogue. Time and again he identity theft victims can be made fered on many issues, but I respected told them to stand up for their prin- whole. his wide array of knowledge and the ciples. And then he showed them by ex- Second, to address the increasing vigor with which he defended them. I ample. number of computer hacking crimes

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7886 CONGRESSIONAL RECORD — SENATE July 31, 2008 that involve computers located within Boumediene v. Bush reaffirmed our to challenge their indefinite the same State, the cyber-crime core American values, and served as a in Federal court. I said at the time amendment eliminates the jurisdic- stinging rebuke to the Bush adminis- that these decisions ‘‘reaffirm the judi- tional requirement that a computer’s tration’s flawed power grabs over the ciary’s role as a check and a balance, information must be stolen through an last 6 years. The Bush administration’s as the Constitution intends, on power interstate or foreign communication in repeated attempts to eliminate mean- grabs by other branches.’’ I also called order to federally prosecute this crime. ingful review of its actions by the Fed- on the Republican-led Congress to Third, this legislation also addresses eral judiciary have again failed to ‘‘stop acting as a wholly owned sub- the growing problem of the malicious withstand Supreme Court review. This sidiary of this administration and to use of spyware to steal sensitive per- decision is a vindication for those of us exercise its constitutional responsi- sonal information, by eliminating the who have maintained from the begin- bility to rein in White House requirement that the loss resulting ning that the administration’s deten- unilateralism and overreaching.’’ from the damage to a victim’s com- tion policies were not only unwise, but The following year the Republican- puter must exceed $5,000 in order to were also unconstitutional. led Congress attempted to overrule the federally prosecute the offense. The In the wake of the tragic attacks on Supreme Court’s Rasul decision by bill carefully balances this necessary , 2001, toward the begin- passing the Detainee Treatment Act, change with the legitimate need to pro- ning of President Bush’s first term in DTA. I spoke out against the habeas- tect innocent actors from frivolous office, this country had an opportunity stripping provisions contained in the prosecutions and clarifies that the to come together to show that we could DTA. I warned that ‘‘in order to uphold elimination of the $5,000 threshold ap- bring the perpetrators of heinous acts our commitment to the rule of law, we plies only to criminal cases. to justice, consistent with our history must allow detainees the right to chal- In addition, the amendment address- and our most deeply valued principles. lenge their detention in Federal es the increasing number of cyber at- I and others reached out to the White court.’’ tacks on multiple computers by mak- House to try to craft a thoughtful and This effort to prevent people from ing it a felony to employ spyware or effective bipartisan solution. using habeas procedures to challenge keyloggers to damage 10 or more com- Instead, this White House, supported the basis for their detention in Federal puters, regardless of the aggregate by the Republican leadership in Con- court backfired. In a later decision in amount of damage caused. By making gress, pursued its goal of increasing ex- the Hamdan case the Supreme Court this crime a felony, the amendment en- ecutive power at the expense of the rejected the view that the DTA sures that the most egregious identity other branches. In so doing, they chose stripped the courts of jurisdiction over thieves will not escape with minimal a path that disregarded basic rights, pending habeas cases. I applauded the punishment under Federal cyber-crime lessened our standing in the world, Hamdan decision at the time as a ‘‘tri- laws. The legislation also strengthens trampled some of our most deeply held umph for our constitutional system of the protections for American busi- values, and brought us no closer to de- checks and balances.’’ nesses, which are more and more be- livering justice to those who have in- But once again, instead of following coming the focus of identity thieves, jured us. the Supreme Court’s repeated remind- by adding two new causes of action At a recent Senate Judiciary Com- ers that our Government must respect under the cyber-extortion statute— mittee hearing, which explored the our Constitution and laws, within threatening to obtain or release infor- mistakes and missed opportunities of weeks of the Hamdan decision, the last mation from a protected computer and the past few years, we heard from Will Congress, acting in complicity with the demanding money in relation to a pro- Gunn, a retired U.S. Air Force colonel Bush administration, hastily passed tected computer—so that this bad con- and the former chief defense counsel of the Military Commissions Act in the duct can be federally prosecuted. the Military Commissions. He believes run-up to the 2006 mid-term elections. Lastly, the legislation adds the rem- that ‘‘many of our detention policies That bill sought, once again, to strip edy of civil and criminal forfeiture to and actions in creating the Guanta- access to Federal courts for noncitizens the arsenal of tools to combat cyber namo military commissions have seri- determined to be enemy combatants or crime, and our amendment directs the ously eroded fundamental American who were merely ‘‘awaiting determina- U.S. Sentencing Commission to review principles of the rule of law in the eyes tion.’’ It aimed to take away habeas its guidelines for identity theft and of Americans and in the eyes of the rights not just for detainees held at cyber crime offenses. rest of the world.’’ Kate Martin, the Di- Guantanamo Bay, but also potentially Senator SPECTER and I have worked rector of the Center for National Secu- for millions of lawful permanent resi- closely with the Department of Justice rity Studies, said that the administra- dents working and paying taxes in this and the Secret Service in crafting tion’s decision to ignore the law of war country. these updates to our cyber-crime laws, and constitutional requirements had I voted no. These were my words and the legislation we add as an proved to be ‘‘disastrous,’’ and that then: amendment to the Former Vice Presi- ‘‘[d]isrespect for the law has harmed, Over 200 years of jurisprudence in this dent Protection Act has the strong sup- not enhanced, our national security.’’ country, and following an hour of debate, we port of these Federal agencies and the I agree with these sobering assess- get rid of it. My God, have the Members of support of a broad coalition of busi- ments. I think that we are less safe as this Senate gone back and read their oath of ness, high-tech and consumer groups. a result of the Bush administration’s office upholding the Constitution? [W]e are The bill as amended to include these policies. about to put the darkest blot possible on this critical cyber-crime provisions is a Some of us have tried in vain for Nation’s conscience. good, bipartisan bill that will help to years to move this country away from Regrettably, the Federal appellate better protect our Nation’s leaders and this destructive course, but, ironically, court in Washington, DC the same to better protect all Americans from it has taken a conservative Supreme court whose limited review was sup- the growing threat of identity theft Court to remind this administration posed to serve as a substitute for the and other cyber crimes. that the President’s claim to unlimited Great Writ fumbled its opportunity to Again, I thank the bipartisan coali- power to override our laws is wrong. set things right. It held that the juris- tion of Senators who have joined Sen- Boumediene is only the latest example diction-stripping provisions did not ator SPECTER and me in supporting this of the Supreme Court decisively reject- violate the Constitution. important bill. I urge the House of Rep- ing the administration’s illegal and Those of us who recognized that Con- resentatives to promptly enact this im- misguided policies. gress had committed a historic portant criminal legislation. In 2004, the Supreme Court decided when it recklessly eliminated the f two habeas-related cases Rasul and Great Writ of habeas corpus tried to re- Hamdi. In those cases, the Court re- verse what had been done. But even HABEAS CORPUS jected the Bush administration’s reck- with the support of several Republican Mr. LEAHY. Mr. President, last less and ill-advised attempts to deprive Members of this body, Senator SPECTER month’s 5–4 Supreme Court decision in citizens and noncitizens of their right and I fell 4 votes short of the 60 votes

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7887 required to overcome a Republican fili- thing the administration is able ‘‘to Boumediene decision. Worse, by hastily buster of our effort last year to restore switch on and off at will.’’ He rightly legislating now, we would risk perpet- habeas rights by adding the Habeas concludes: uating the terrible policy judgments of Corpus Restoration Act as an amend- The laws and Constitution are designed to years past that have led us so far ment to the Department of Defense au- survive, and remain in force, in extraor- astray in the fight against terrorism. thorization bill. dinary times. Liberty and security can be In its Boumediene decision, the U.S. reconciled; and in our system they are rec- I trust our Federal courts to get it Supreme Court fulfilled its constitu- onciled within the framework of the law. The right. Had we relied on them to dis- tional responsibility—a responsibility Framers decided that habeas corpus, a right pense American justice, perhaps we of first importance, must be a part of that in which so many others had failed and framework, a part of that law. would have accomplished more in the upheld the Constitution and our core The Supreme Court reaffirmed Amer- fight against terrorism over the last American values. After Boumediene, ican values, our fundamental adher- several years. Our courts have proven the administration’s record in the Su- ence to our Constitution and the rule themselves up to the task of trying the preme Court on habeas is now 0 for 4. of law, and our great strength in so likes of Zacarias Moussaoui and Jose Four times it has sought to erode the doing. Padilla in difficult, complex and sen- time-honored habeas right that pro- What is surprising is not that the sitive federal proceedings where unlike tects the liberties our forebears fought U.S. Supreme Court would follow the restricted rights available in ha- and died for. And four times the Su- through on the earlier holdings of its beas proceedings these defendants en- preme Court has repudiated these ill- opinions by Justice O’Connor and Jus- advised efforts. joyed the full panoply of constitutional tice Stevens, himself a decorated com- protections. These men now stand con- One cannot help but wonder where we bat veteran, but that the decision was would be in the fight against terrorism victed of terrorism-related offenses and not unanimous. they will spend the rest of their lives in today had the Bush administration Justice Scalia’s dissent reads like a prison, as they should. Just as I would spent more time trying to catch and threatening partisan statement from not have questioned Attorney General try terrorists, and less time trying to Vice President CHENEY’s office rather erode our time-honored constitutional than an independent judicial review of Mukasey’s ability to deal with ter- traditions. the case. He uses language about Islam rorism-related prosecutions when he What did a majority of the conserv- that was rightly condemned as wrong was a judge in Manhattan, I do not ative Supreme Court actually say in and counterproductive by this adminis- question the ability of the Federal Boumediene? First, it reiterated that tration’s own intelligence community, judges in Washington, DC, to handle the Constitution extends to Guanta- and he repeats the administration’s the habeas petitions from the detainees namo Bay, Cuba. So the Bush adminis- tragically mistaken mantra by in Guantanamo Bay, Cuba responsibly tration’s cynical gambit to house de- lumping the various factions of Islam, and diligently—particularly where our tainees just miles from the Florida including those in Iraq, as a monolithic courts have proved up to the task in so coast to avoid judicial scrutiny and ac- ‘‘enemy’’ collectively responsible for many actual criminal trials. countability for its conduct has failed the attacks on the United States on I was particularly disappointed to as a matter of constitutional law. As September 11. Most disappointing is hear the Attorney General attempt to the opinion of the Supreme Court cor- that his hyperbolic rhetoric is hard to play on Americans’ fears by suggesting rectly recognizes, the basic protections square with his own acknowledgement that, in the wake of a Supreme Court represented by the Great Writ ‘‘must in the 2004 Hamdi case that habeas cor- not be subject to manipulation by decision affirming our core values, our pus is ‘‘the very core of our liberty se- national security will be somehow those whose power it is designed to re- cured in our Anglo-Saxon system of strain.’’ jeopardized if Congress does not act. He Second, the Supreme Court held that separation of powers’’ and that ‘‘indefi- knows that no detainee has been set the administration’s detention proce- nite imprisonment on reasonable sus- free as a result of the Boumediene deci- picion is not an available option of dures put in place back in 2005 are a sion, and that the government will treatment for those accused of aiding constitutionally inadequate substitute have ample opportunity to justify its for habeas corpus. The Court found the enemy, absent a suspension of the writ.’’ detention decisions on favorable stand- that the so-called combatant status re- What role should Congress play as ard of proof. He knows that Federal view tribunals established to determine the Federal judiciary begins to imple- courts have successfully conducted ter- if detainees held at Guantanamo Bay ment the Boumediene decision? Ac- rorism cases using procedures derived have correctly been identified as cording to Attorney General Mukasey from the Classified Information Proce- enemy combatants are hopelessly in his recent remarks on the future of dures Act to ensure that classified in- flawed. I have maintained all along habeas, Congress should jump in the formation is safeguarded, and there that it is unfair and un-American to fray again in an election year. Al- have been no leaks of information detain anyone without judicial re- though he does not even have legisla- course based on proceedings that do where those procedures have been em- tion to propose, he asks Congress to ployed. And he knows that the federal not allow those held even the most act hastily to minimize judicial over- basic due process rights. court in Washington, DC, is taking Third, the Supreme Court held that sight and maximize executive power. steps to streamline and consolidate ha- the provisions of the Military Commis- The Attorney General seems to have beas proceedings to avoid unnecessary sions Act that strip away all habeas adopted the Bush administration’s litigation. mantra: ‘‘Don’t trust the courts.’’ rights for the Guantanamo detainees The Attorney General has it exactly In fact, the Federal bench in Wash- and others are unconstitutional. ington, DC, is working hard to follow The Supreme Court’s opinion written wrong. Congress made a mistake in by Justice Kennedy is quite eloquent 2005 when it bent to the will of the the rule of the Supreme Court by en- and moving. While recognizing the ex- Bush administration by passing the De- suring a prompt, safe and orderly dis- ecutive authority and responsibility to tainee Treatment Act, which created position of the 250 or so detainee ha- apprehend and detain those who pose a the detainee review process that the beas petitions. The judges, the Depart- real danger to our security, Justice Supreme Court has now determined is ment of Justice, and lawyers for the Kennedy went on to note: hopelessly inadequate. Congress made detainees are now working to resolve Security subsists, too, in fidelity to free- a mistake in 2006 when it bent to the key issues that will allow the cases to dom’s first principles. Chief among those are will of the Bush administration by proceed in the months ahead. passing the Military Commission Act, freedom from arbitrary and unlawful re- The court has also taken steps on its straint and the personal liberty that is se- which, as we now know, violated the cured by adherence to the separation of pow- U.S. Constitution in its efforts to stop own to consolidate common issues be- ers. the Federal courts from reviewing ex- fore one judge former Chief Judge He wisely counsels that the Constitu- ecutive detention decisions. Thomas F. Hogan—to streamline the tion is fundamental, that ‘‘[o]ur basic It would be foolish to bend to the will review process as much as possible. In charter cannot be contracted away,’’ of the Bush administration once again the meantime, for those detainees who and that the Constitution is not some- to try to weaken or circumvent the have been charged under the law of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7888 CONGRESSIONAL RECORD — SENATE July 31, 2008 war, the district court has ruled that The Supreme Court was explicit that meet the changing needs of the Air the military commissions may proceed its decision in Boumediene only Force. It has matured into a highly ef- as planned, and that the right to ha- reached the unconstitutional attempt fective war-fighting unit while main- beas corpus will crystallize only once to strip habeas corpus review from taining the standards of a greatly re- there is a final judgment. these detainees and that the Detainee spected Federal law enforcement agen- The Bush administration can hardly Treatment Act and combatant status cy. The Office of Special Investigations complain if it takes the Federal dis- review tribunal process remain intact. has truly adapted to fulfill the needs of trict judges presiding over these habeas Likewise, the Attorney General and the U.S. Air Force in the 21st century. cases some time to resolve them. After Department of Justice have said that At present, 3,200 men and women all, it was the Bush administration the military commissions will con- serve in the Air Force Office of Special that tried to avoid court scrutiny at all tinue, and a federal judge in Wash- Investigations. In more than 220 offices costs for the last 7 years. The Supreme ington, DC, recently ruled against a de- around the globe, these men and Court having rejected this effort, the tainee’s effort to secure habeas review women perform the investigative work courts must now be permitted to do before his military commission was to of the U.S. Air Force wherever and their jobs. commence. whenever they are needed. I am proud Is there anything that Congress I think we will need to review both to be counted among the alumni of the should do at this time? One thing that processes. The military commission Air Force Office of Special Investiga- Congress could and in my view should system is so deeply flawed that after tions. I served as a young lieutenant in do is to pass the Habeas Corpus Res- close to seven years it has only just the Office of Special Investigations toration Act that Senator SPECTER and started its first trial. The world will from 1951 through 1953 and was as- I introduced in the wake of the passage never view those proceedings as fair or signed to the Pennsylvania, West Vir- of the Detainee Treatment Act, and consistent with the rule of law. We are ginia, and Delaware District. My expe- with which we sought to modify the too strong and confident a nation to rience allowed me to serve my country, Military Commissions Act. A bipar- seek vengeance or be driven by fear. hone my investigative skills, and pre- tisan majority of the Senate voted America is great in part because it pare for a career in law and in Govern- with us last year when we were seeking ment. to add it to the Department of Defense does not shirk from its legal obliga- tions but embraces them and lives by It gives me great pleasure, to recog- authorization bill, but we were fore- nize and salute the Air Force Office of stalled by a filibuster. I trust that them. When America acts, as it did, to circumvent the law by holding pris- Special Investigations on the occasion those who said they were not ready to of its 60th anniversary. In a time of un- oners off shore, to contract out join us last year because of the pend- precedented change and challenges, the to third parties, or to suspend the ency of the Supreme Court case will Air Force Office of Special Investiga- Great Writ, we are not the America en- join us now and do the right thing. It tions has answered the call of the Air visioned by our Founders and preserved was Congress’s mistake to pass the ha- Force, the Department of Defense, and by every previous generation of Ameri- beas stripping provisions of the De- the Nation. cans. tainee Treatment Act and the Military f Commissions Act, and we should cor- I look forward to working in the next rect it by passing our bill to amend the session with Senator FEINSTEIN on her JOBS, ENERGY, FAMILIES AND law. The Supreme Court has already initiative to close the Guantanamo DISASTER RELIEF ACT declared those provisions unconstitu- Bay facility, and begin to erase the Mr. SPECTER. Mr. President, I have tional and ineffective. In my view, it is damage it has done to the United sought recognition to discuss my vote a shame that the Supreme Court had to States’ reputation around the world. on against cloture—to end de- step in before we corrected our mis- She has sponsored legislation to move bate—on the motion to proceed to S. take. us in that direction. I want to com- 3297, the so-called Reid omnibus bill or These unconstitutional habeas-strip- mend Senator WHITEHOUSE for his leg- ‘‘Coburn package.’’ As I stated on the ping provisions are a blot on the Sen- islative proposal to establish a congres- Senate floor Monday, July 28, it is my ate, and on the Congress, and should sional commission to make non- inclination that the majority leader not reside in our laws. We should re- partisan recommendations to Congress called for a vote on cloture on pro- verse the Senate’s action and correct on how best to proceed in the future. I ceeding to this bill in order to dislodge its error. I do not want to see another know that Senators DURBIN and SPEC- the pending legislation on oil specula- Senate apologize years down the road TER introduced military commission tion. By using his position of power, he for passing laws designed to strip ha- bills back in 2002, around the same seeks to force the Senate to pre- beas rights, as we have seen belated time that I did. We will need to work maturely move away from the No. 1 apologies for America’s treatment of across committee lines and across the issue facing the people from my State Native Americans, the internment of aisle, to involve not only the reconsti- and the Nation namely energy legisla- Japanese Americans, and other griev- tuted Department of Justice, but also tion. ous errors in our past. I do not want a the Departments of Defense and State I did not support cloture to move to future Senate to look back with shame as we go forward. We will need to re- the Reid omnibus bill not because I do or have to issue an apology for uncon- consider where else we went wrong and not support many of its provisions, stitutional legislation coming from how to set the entire system on better, rather because I believe we should this great body. Congress should pass stronger foundations. complete work on energy legislation the provisions of the Habeas Corpus f before moving on to other matters. Restoration Act. Further, I am seeking my right as a AIR FORCE OFFICE OF SPECIAL Thereafter we will need to join to- U.S. Senator to offer amendments to a INVESTIGATIONS gether in the weeks and months ahead bill in a fair and balanced legislative to rethink the misconceived legal Mr. SPECTER. Mr. President, I have process. framework that has been devised by sought recognition to recognize the Air For instance, Senator KOHL and I had this administration. We will need to Force Office of Special Investigations a bipartisan amendment prepared to work together—with each other, with on its 60th anniversary, August 1, 2008. offer to the speculation bill that would the House and with the new adminis- The Office of Special Investigations have brought OPEC nations under U.S. tration—to supplement our laws, con- was created in 1948 at the suggestion of antitrust laws to prohibit them from sistent with our Constitution and core the 80th Congress. The secretary of the meeting in a room, lowering produc- values, and to restore our leadership in Air Force, Stuart Symington, consoli- tion and supply, and thus raising the world and more effectively defend dated and centralized the investigative prices. Unfortunately, this effort was our Nation. We can recapture the bi- services of the U.S. Air Force to create denied by the majority leader’s block- partisanship that we demonstrated in an organization that would conduct ing of amendments by filling the so- the days immediately following 9/11 independent and objective criminal in- called amendment tree, disallowing and move forward, not as Democrats or vestigations. Since 1948, the Office of mine and a number of other amend- Republicans, but as Americans. Special Investigations has evolved to ments that ought to be considered.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7889 This procedure is nothing new for legislation to strengthen the powers of stroke care systems. As ranking mem- this majority leader who has filled the the National Center for Missing and ber of the Labor-HHS Appropriations amendment tree on 15 occasions in the Exploited Children, the SAFE Act, Subcommittee, I have worked to in- current 110th Congress, surpassing all which was omitted from the omnibus crease CDC funding for heart disease other majority leaders in modern his- bill. and stroke activities in the States to tory. As a result of the majority lead- My support is also invested in efforts over $50 million and NIH funding for er’s curtailing Senate procedure and to maintain the natural beauty of the stroke research to over $340 million in amendments, I have been faced with Chesapeake Bay Watershed while si- fiscal year 2008. voting against cloture on measures I multaneously preserving its resources Another bill, S 1375, would establish would have ordinarily supported in- for the communities it serves. S. 2707, a grant program for services to moth- cluding this past Saturday’s vote on The Chesapeake Bay Gateways and ers suffering from postpartum depres- LIHEAP. I have also opposed cloture in Water Trails Network Continuing Au- sion. As ranking member of the Labor- instances such as the Lieberman-War- thorization Act, will permanently au- HHS Appropriations Subcommittee, I ner global warming bill which was con- thorize appropriations for these vital have worked with Chairman HARKIN to sidered the first week of June—2 to 6. programs. I cosponsored this legisla- include $4.9 million for a first-time In that case, the majority leader filled tion because I believe it is a critical or- motherhood initiative within the ma- the amendment tree at the first oppor- ganization whose mission to protect ternal and child health block grant. tunity and filed cloture on the bill the bay is vital for the communities af- I also support S. 675, the Training for without ever allowing consideration of fected by this watershed. Realtime Writers Act of 2007. The Tele- amendments. The 5-day debate cul- Another environmental act I have communications Act of 1996 requires minated in a fait accompli cloture vote fervently supported and of which I am 100 percent closed captioning for all that failed on June 6. an original cosponsor, is S. 496, the Ap- new English broadcast programming by Most recently, I voted against clo- palachian Regional Development Act January 1, 2006. That deadline has ture to move to the Reid omnibus bill Amendments of 2008. The bill renews come and gone. There are not enough that was a conglomeration of legisla- the Appalachian Regional Commission real time writers and captioners to tion that has been described as non- for 5 years—2007–2011—and authorizes meet this unfunded mandate out in the controversial and may benefit a wide $510 million to be appropriated over workforce. Furthermore, the Tele- variety of interests. As I stated on the that timeframe for the Commission’s communications Act of 1996 requires Senate floor on Monday, July 28, I am economic development activities in 100 percent closed captioning for all supportive of most, if not all of the distressed rural counties. new Spanish broadcast programming substance in this bill. In fact, I am a Numerous health care provisions I by January 1, 2010. America is very far cosponsor of six of the items. have worked hard for can also be found from achieving this goal. S. 675 will as- I support and have worked to pass a in this package, including S. 1382, sist with training the workforce to pro- number of the Judiciary Committee-re- which establishes a registry of those vide closed captioning for the 30 mil- lated bills in the proposed omnibus. suffering from amyotrophic lateral lion Americans who are deaf or hard-of- For example, I am an original cospon- sclerosis, ALS, better known as Lou hearing. sor of the Runaway and Homeless Gehrig’s disease. The registry will I support H.R. 3320, the Support for Youth Protection Act, S. 2982, which gather data about those who are diag- the Museum of the History of Polish makes changes in the grant program nosed with the disease to better under- Jews Act of 2007, which requires assist- for centers for runaway youths. I am stand and research the illness. As ance from the Department of State to also a cosponsor of the Mentally Ill Of- Ranking Member of the Labor, Health support the development of a perma- fender Treatment and Crime Reduction and Human Services and Education— nent collection at the Museum of the Reauthorization and Improvement Act LHHS—Appropriations Subcommittee, History of Polish Jews in Warsaw, Po- of 2008, S. 2304, which would provide I support research and an ALS registry. land. It is in the national interest of grants for the improved mental health I worked to provide $39 million for NIH the United States to encourage the treatment and services provided to of- research of ALS in 2008 and $2.8 million preservation and protection of artifacts fenders with mental illness. In addi- to plan the ALS registry. associated with the heritage of U.S. tion, I am a cosponsor of the Emmett I am also a cosponsor of S. 1183, the citizens who trace their forbearers to Till Unsolved Civil Rights Crime Act, Christopher and Dana Reeve Paralysis other countries and to encourage the S. 535, which authorizes funding to Act, to expand paralysis research at collection and dissemination of knowl- solve pre-1970 civil rights crimes. More- the National Institutes of Health, NIH, edge about that heritage. Most re- over, in committee, I supported a Fed- and set up a network to allow patients cently, I traveled to on August eral commission to commemorate the and their families to quickly learn the 27, 2007, and observed fist hand the im- bicentennial of the writing of the Star- result of clinical trials on paralysis re- portance of museums that examine Po- Spangled Banner and the War of 1812, habilitation drugs. The LHHS fiscal land in WW II, specifically the Polish S. 1079. year 2008 appropriations bill provided uprising and the Home Army. The Mu- Additionally, I voted in favor of the $64 million for NIH spinal cord re- seum of the History of Polish Jews will following child protection bills which search. complement the current museum fa- were passed by the Judiciary Com- The package also included bills, H.R. cilities in Warsaw by preserving and mittee: The Combating Child Exploi- 3112, S. 1810 intended to create a new presenting the history of the Jewish tation Act of 2008, S. 1738, which au- Federal grant program to pay for infor- people in Poland, which had the largest thorizes grants to combat child exploi- mation and support services regarding Jewish population in Europe at the be- tation; and the Drug Endangered Chil- Down syndrome and other prenatally ginning of World War II. dren Act of 2007, S. 1210, which extends or postnatally diagnosed conditions. Having outlined a number of prior- a grant program directed at drug-en- While awaiting these authorization ities and areas of support I have with dangered children. bills, I have worked with Senator HAR- this omnibus bill, let the record show I directed my staff to work to clear KIN to get a jump start on these much- that I support the package as a whole. the child exploitation bills from the needed activities by including $1 mil- However, as evidenced by my vote omnibus package in the same manner I lion to establish the congenital disabil- against cloture on the motion to pro- worked to pass the Adam Walsh Act ities program in the fiscal year 2009 ceed to the bill, I believe the energy without extraneous add-ons during the Labor, HHS, and Education Appropria- situation is too important to set aside 109th Congress. To that end, my staff tions bill. In addition, the Labor-HHS until we have completed or frankly worked with Senator COBURN’s staff to Subcommittee provided almost $1 mil- even started our work on it by allowing draft a proposed compromise child ex- lion to the CDC in fiscal year 2009 for amendments to be considered. It has ploitation bill that includes the key awareness activities related to Down been said on this floor that explaining provisions of the child pornography syndrome. opposition to this omnibus bill to our and exploitation legislation in the pro- One of the bills, H.R. 477, would per- constituents will be difficult. While posed omnibus, as well as important mit the issuing of grants to states for this premonition may have some merit,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7890 CONGRESSIONAL RECORD — SENATE July 31, 2008 I trust that the people of Pennsylvania and Ms. Doan had knowledge of the al- ancies in the chart are most likely due to and the Nation will support efforts to leged fraud; and No. 3. allegations that differences in accounting between Stanford deal with high energy prices and en- Mr. Williams and Ms. Doan had im- and the various companies contacted by the couraging the kind of open and fair de- properly interfered in the ongoing ne- Committee. As Stanford pointed out in a public state- bate that leads to better policies across gotiations and put pressure on the con- ment, there was an error in the chart that the board. tracting officer to sign what was con- the Committee sent to you regarding pay- I reinitiate my suggestion that the sidered a bad contract. I presented the ments from Eli Lilly to Dr. Schatzberg in Senate stay in session during the findings of this investigation in a floor 2007. That chart stated that Dr. Schatzberg month of August, if the majority lead- statement on October 17, 2007, which had ‘‘not reported’’ this money when in fact er would hold a legitimate session that appears on pages S12952–12954 of the he had. Therefore, this letter is being placed provides the kind of deliberation that RECORD. in the congressional record to correct the of- has led many to call the U.S. Senate At Mr. Williams’s hearing on , ficial record. ‘‘the greatest deliberative body in the the committee did ask him some tough Stanford also noted that Dr. Schatzberg’s reports on payments from Eli Lilly in 2004 world.’’ Members of this body should be questions about his knowledge of the include compensation of less than $10,000 for prepared to work as long and hard as alleged fraud and his role in the Sun advisory board activities and $10,000 to necessary in order to reach a solution contract negotiations. However, Mr. $50,000 for honoraria for papers, lectures and to the energy crisis not based upon po- Williams’s response was less than com- consulting. This also matches the footnote litical appeasement, but results. It is plete, and there was little or no fol- in the Committee’s chart and appears to cap- time we allow debate and compromise lowup by the committee. I am pre- ture all the monies reported by Eli Lilly to reverberate through this chamber as paring followup questions for Mr. Wil- ($52,134) for that year. we find areas of agreement in the best liams, asking him for more details. However, Committee investigators still All the evidence developed in my have concerns regarding Johnson & John- tradition of the Senate. son’s report of paying Dr. Schatzberg $22,000 f oversight investigation points to the in 2002. According to Stanford’s statement, existence of serious unresolved issues NOMINATION OF JAMES A. ‘‘Dr. Schatzberg did disclose this payment to involving Mr. Williams role in this the university and also reported it to the WILLIAMS matter. Based on what I know today, I Committee. He disclosed the $22,000 payment Mr. GRASSLEY. Mr. President, I, do not believe that Mr. Williams should from Jannsen, the wholly-owned subsidiary Senator CHUCK GRASSLEY of Iowa, in- be promoted to high office. He placed of Johnson & Johnson that made the pay- tend to object to proceeding to any the well-being of the GSA before the ment.’’ The reason that we continue to be unanimous consent agreement per- interests of all the hard-working Amer- concerned is because Dr. Schatzberg reported taining to the nomination of Mr. less than $10,000 from Jannsen for academic ican taxpayers, who he was sworn to year 2002 (, 2001 through August James A. Williams to be the Adminis- protect. There needs to be some ac- 31, 2002) and less than $10,000 for academic trator of the General Services Adminis- countability in the Federal contracting year 2003 (September 1, 2002 through August tration. system for blunders and missteps dur- 31, 2003). Johnson & Johnson did not delin- The Committee on Homeland Secu- ing the Sun contract negotiations. eate payments from subsidiaries such as rity and Governmental Affairs voted to I may have more to say on this sub- Jannsen when it reported the information to report the Williams nomination favor- ject at a later date. the Committee. Johnson & Johnson reported a payment of ‘‘fee for services’’ of $22,000 to ably to the full Senate on July 30, 2008. f I oppose this nomination because of Dr. Schatzberg on August 19, 2002. Even not- Mr. Williams’s actions in connection PAYMENTS TO PHYSICIANS ing differences in accounting methods, Dr. Schatzberg’s reports on Jannsen do not ap- with the renegotiation of a contract Mr. GRASSLEY. Mr. President, I pear to fully explain the discrepancy. with Sun Microsystems in August–Sep- have been examining several doctors at Inconsistencies also appear among the pay- tember 2006. I have outlined my con- universities across the country to see if ments reported to us by Eli Lilly in 2002. Eli cerns about this matter in detail in a they are complying with the financial Lilly reported paying Dr. Schatzberg $19,788 speech on the floor on July 24, 2008. disclosure policies of the National In- that calendar year. However, Dr. Schatzberg That statement appears on pages stitutes of Health. I ask unanimous reported that he received less than $10,000 S7272–S7274 of the RECORD. consent to have my latest letters to from Eli Lilly for academic year 2002 (Sep- Mr. President, I would like to inform Stanford University and to the Na- tember 2, 2001 through August 31, 2002) and more than $10,000 for academic year 2003 my colleagues that I have requested to tional Institutes of Health printed in (September 1, 2002 through August 31, 2003). be notified of any unanimous consent the RECORD. Noting possible differences in accounting agreement that would allow for the I yield the floor. methods, Dr. Schatzberg’s reports on Eli consideration of the nomination of Mr. There being no objection, the mate- Lilly may explain the discrepancy, but only James A. Williams to be the Adminis- rial was ordered to be printed in the if one combined the 2002 and 2003 academic trator of the General Services Adminis- RECORD, as follows: years. tration, GSA. U.S. SENATE, Further, based on documents in our posses- I intend to reserve my right to object COMMITTEE ON FINANCE, sion, it appears that Wyeth paid Dr. to any such request. Washington, DC, July 30, 2008. Schatzberg for testifying as an expert wit- ness in 2006. This work was in response to I expressed my opposition to this Dr. JOHN L. HENNESSY, President, Stanford University, Office of the lawsuits brought against Wyeth regarding nomination in a floor statement on President, Stanford, CA. its antidepressant, Effexor. As Dr. July 24, 2008, and in a letter to the DEAR DR. HENNESSY: First, I would like to Schatzberg wrote in an undated expert re- chairman of the Committee on Home- thank you for your prompt attention to the port on behalf of Wyeth, ‘‘My hourly rate for land Security and Governmental Af- matter involving payments made by pharma- review of materials or for testimony is $500.’’ fairs on the same date. My letter to ceutical companies to Dr. Alan Schatzberg, Dr. Schatzberg was apparently an expert wit- Chairman LIEBERMAN appears in the Chairman of the Department of Psychiatry ness in at least two cases for Wyeth, but pay- ments for this work cannot be found in his RECORD on page S7273 at the conclusion at Stanford University (Stanford/Univer- reports of outside income to Stanford. There- of my speech. sity). Investigators with the Senate Finance Committee (Committee) believe that the fol- fore, I would appreciate your clarification of My opposition to this nomination is lowing chart provides a better representa- Dr. Schatzberg’s expert witness fees and how based on the results of an in-depth tion of Dr. Schatzberg’s disclosures to Stan- they are recorded on Stanford’s financial dis- oversight investigation conducted by ford and company reports to the Committee. closure forms. my staff in 2006–2007. This investiga- Committee investigators understand that Thank you again for your continued co- tion examined the actions of Mr. Wil- differences in reporting requirements and ac- operation and assistance in this matter. I liams, former Administrator Doan, and counting methods may result in differences look forward to a complete response to out- several other senior agency officials in between Dr. Schatzberg’s reports and reports standing questions in the near future. If you the contract negotiations with Sun from companies that can only be explained have any questions, please do not hesitate to in writing. The Committee understands that contact Paul Thacker at (202) 224–4515. Microsystems, Inc. in May–September Stanford will provide a comprehensive re- Sincerely, 2006. There were: No. 1. allegations of sponse to the initial letter sometime soon, CHARLES E. GRASSLEY, fraud on the Sun contract that was which will include these details. Stanford Ranking Member. being renegotiated; No. 2. Mr. Williams has notified the Committee that any discrep- Attachment.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7891 SELECTED DISCLOSURES BY DR. SCHATZBERG AND RE- the Company. This equity could grow dra- I also would appreciate your guidance on LATED INFORMATION REPORTED BY PHARMACEUTICAL matically if the results of Dr. Schatzberg’s how Dr. Schatzberg could have been recused COMPANIES AND DEVICE MANUFACTURERS government sponsored research find that from involvement in research when he is list- mifepristone could be used to treat psychotic ed as the primary investigator for several Amount major depression. trials. For instance, Stanford’s website has a Disclosure filed with I have come to understand, based on docu- clinical trials directory, which lists Dr. Year Company institution (academic company re- year) ported (cal- ments provided to me by Stanford, that your Schatzberg as a co-investigator for a trial endar year) institution had and may still have a finan- seeking to enroll 20 patients in a study using 2000 Bristol Myers Squibb No amount provided $1,000 cial relationship with Corcept. This agree- mifepristone to treat patients with psychotic Eli Lilly ...... No amount provided $10,070 ment has resulted in Stanford paying Dr. major depression. The anticipated start of 2001 Bristol Myers Squibb No amount provided $4,147 the trial was January 1, 2003 and the listed Corcept Therapeutics >$10,000<$50,000 1 n/a Schatzberg royalties. For instance, Dr. Eli Lilly ...... <$10,000 2 ...... $10,788 Schatzberg reported in his Stanford disclo- collaborator for the trial is the NIH. 2002 Bristol-Myers Squibb No amount provided $2,134 sures that he received payments of less than Dr. Schatzberg is also listed as the primary Corcept Therapeutics >$100,000 3 ...... n/a investigator on ClinicalTrials.gov for an- Corcept Therapeutics <$10,000 1 ...... n/a $10,000 for royalties from Stanford’s licensing Corcept Therapeutics <$10,000 4 ...... n/a agreement with Corcept Therapeutics. These other study that began in 2005 to treat de- Eli Lilly ...... <$10,000 ...... $19,788 payments were made in 2002, 2003, and 2006. pressed patients with mifepristone. This NIH Johnson & Johnson <$20,000 5 ...... $22,000 As is well established, the NIH relies on funded trial is listed as active, but not re- (Jannsen). 2003 universities to manage the conflicts that cruiting patients. The estimated enrollment Bristol-Myers Squibb No amount provided $4,000 exist between a grantee and any outside fi- was 100 patients in this randomized, double- Corcept <$10,000 4 ...... n/a. blind, placebo-controlled study. In addition, Thera- nancial interests. However, not only does Dr. peutics Schatzberg have a financial interest in Dr. Schatzberg is listed on ClinicalTrials.gov Corcept Therapeutics >$10,000<$50,000 1 n/a Corcept, but Stanford also had a relationship as the ‘‘study director’’ for a phase III clin- Corcept Therapeutics >$100,000 3 ...... n/a with Corcept and may still at this time. ical trial to ‘‘evaluate the effectiveness of Eli Lilly ...... >$10,000 ...... $18,157 mifepristone to treat adults with psychotic 2004 Bristol-Myers Squibb<$10,000 ...... $0 These facts raise multiple questions and con- Corcept Therapeutics >$10,000<$50,000 1 n/a cerns. For example, how can Stanford man- major depression.’’ This trial is also funded Corcept Therapeutics $100,000 3 ...... n/a by the NIH and is now actively recruiting pa- Eli Lilly ...... <$110,000 ...... $52,134 age Dr. Schatzberg’s conflicts of interest with Corcept, when Stanford apparently has tients. Pfizer ...... Not reported ...... $2,500 Further, Stanford acknowledges in its a similar conflict of interest? Furthermore, press statement that it ‘‘received a small Reporting by Calendar Year when did Stanford notify the NIH of this amount of equity in Corcept under a tech- conflict? 2005 Bristol-Myers Squibb<$10,000 ...... $0 nology license.’’ However, Stanford did not Corcept Therapeutics >$10,000<$50,000 1 n/a Additionally, I have many questions and 3 explain when this relationship began or Corcept Therapeutics >$100,000 ...... n/a concerns about Stanford’s recent press state- Eli Lilly ...... >$10,000<$50,000 ... $9,500 ended. And according to Dr. Schatzberg’s ment regarding how it managed Dr. Pfizer ...... No amount provided $2,000 2006 study, Stanford’s Institutional Review 2006 Bristol-Myers Squibb Not reported ...... 6 $6,000 Schatzberg’s conflicts of interest with 4 Board (IRB), which is responsible for approv- Corcept Therapeutics <$10,000 ...... n/a Corcept. In that statement, Stanford claimed Corcept Therapeutics >$10,000<$50,000 1 n/a ing study protocols, approved his research Corcept Therapeutics >$100,000 3 ...... n/a that steps to manage this conflict ‘‘included plan. This raises even more questions regard- Eli Lilly ...... >$10,000<$50,000 ... $20,500 his not participating in any human subjects ing how Stanford’s IRB could remain inde- Pfizer ...... Not reported ...... $300 research involving mifepristone. . . .’’ How- 2007 Eli Lilly...... <$60,000 ...... $10,063 pendent, especially since Stanford had a fi- ever, based upon a search of published lit- nancial stake in ensuring that the study pro- 1 Physician disclosed payment for a variety services including Advisory erature, Dr. Schatzberg’s name appears as Board Membership, Board of Directors, and consulting. tocol was approved. I seek your thoughts on 2 Physician disclosed <$10,000 for academic year 2001. No amount pro- the author of several published studies in- this issue as well. vided for prior academic year. volving human subjects research and Finally, last February the Association of 3 Physician disclosed equity value. mifepristone. Most of these studies were American Medical Colleges (AAMC) released 4 Physician disclosed payment for royalties from Stanford’s licensing agreement with Corcept Therapeutics. funded by NIH although one study was fund- guidelines governing conflicts of interest. 5 This sum combines two academic years. ed by Corcept and another one was funded by The AAMC advised that institutions report 6 Bristol-Myers Squibb stated that Stanford intended to pay Dr. both the NIH and Corcept. These studies in- conflicts of interest ‘‘in any substantive pub- Schatzberg $6,000 for conducting an annual course for which the company provides a grant. clude: lic communication of the research results.’’ 2002—Dr. Schatzberg was the final author Note 1: When a Physician named a company in a disclosure but did not However, when Stanford issued a press re- provide an amount, the text reads ‘‘no amount reported.’’ Stanford has on a paper in Biological Psychiatry that re- lease regarding the results of Dr. noted that amounts were not required in each specific case. When a Physi- ported on a trial to study mifepristone to Schatzberg’s research on mifepristone, the cian did not list the company in the disclosure, the column reads ‘‘not re- treat psychotic major depression in 30 pa- ported.’’ The Committee contacted several companies for payment informa- statement did not note if Dr. Schatzberg and/ tion and the notation n/a (not available) reflects that a company was not tients. The study listed support by Corcept or Stanford had a financial interests in the contacted. along with two grants from the National In- research findings. Stanford missed another Note 2: The Committee was not able to estimate the total amount of pay- stitute of Mental Health (MH50604 and T– opportunity to disclose financial interests in ments disclosed by Dr. Schatzberg during the period January 2000 through June 2007 due to the fact that some amounts were not provided and in 32MH19983), which is one of the NIH’s insti- a story that ran in the Stanford Report other instances ranges were used. Information reported by the pharma- tutes. Dr. Schatzberg is the primary investi- which reported on Dr. Schatzberg’s ceutical companies indicate that their reports do not match Dr. Schatzberg’s gator for grant MH50604. mifepristone research. disclosures. 2006—Dr. Schatzberg published a study in- I would also like to better understand U.S. SENATE, volving human subjects treated with Stanford’s current and past financial rela- COMMITTEE ON FINANCE, mifepristone for psychotic major depression. tionship with Corcept. Accordingly, please Washington, DC, July 31, 2008. This study was supported by several NIH respond to the following questions and re- Dr. JOHN L. HENNESSY, grants. Dr. Schatzberg is the primary inves- quests for information. The time span for President, Stanford University, Office of the tigator for three of these grants (R01 this request covers 1995 to the present. For President, Stanford, CA. MH50604, R01 MH47573, T32 MH019938). In the each response, please repeat the enumerated DEAR DR. HENNESSY: The Senate Finance acknowledgements section of the paper, Dr. request and follow with the appropriate an- Committee (Committee) recently sent you a Schatzberg disclosed that he had a financial swer. letter attempting to clarify discrepancies in interest in Corcept which has a licensing (1) Please explain Stanford’s previous and a chart comparing reports of payments made agreement for mifepristone. Dr. Schatzberg current financial relationship with Corcept Therapeutics. This response should include by several pharmaceutical companies also disclosed that he ‘‘played no direct role in the date when Stanford first established a re- against disclosures of outside income filed the recruitment, assessment, or follow-up of sub- lationship with Corcept Therapeutics, the by Dr. Alan Schatzberg, a psychiatrist at jects enrolled in this study,’’ and ‘‘was not di- nature of that relationship, and the date Stanford (Stanford/University). As Com- rectly involved in the analysis of data stemming when Stanford divested itself of any finan- mittee investigators explained to Stanford from this research.’’ (emphasis added) cial relationship(s) with Corcept. Also, detail officials, we have further questions regard- I am not in a position to interpret the dis- any financial transactions between Stanford ing Dr. Schatzberg’s grants from the Na- closures and apparent recusals from research and Corcept Therapeutics (i.e. has Stanford tional Institutes of Health and his relation- involvement made by Dr. Schatzberg in the invested in Corcept or has Corcept paid a li- ship with Corcept Therapeutics (Corcept/ 2006 study, however, I am seeking guidance censing fee to Stanford). Company). Corcept was founded in part by from Stanford regarding its duties to ‘‘man- (2) Please provide a list of all patents and Dr. Schatzberg, who has several million dol- age’’ conflicts in light of a possible con- licenses held by Dr. Schatzberg. For each lars of equity in that company. tradiction. According to the ‘‘NIH Grants patent and/or license, please provide the fol- In addition, I am interested in under- Policy Statement,’’ the primary investigator lowing: standing Stanford’s involvement with Dr. of an NIH grant is ‘‘responsible for the sci- (a) Provide a summary of the patent/li- Schatzberg and Corcept. Dr. Schatzberg re- entific or technical aspects of the grant and cense. ceived grants from the National Institutes of for day-to-day management of the project or (b) When was the patent/license first Health (NIH) to study mifepristone and program.’’ So, the question arises: how could issued? major depression. At the same time, Dr. Dr. Schatzberg monitor the research funded (c) For each patent/license, please list any Schatzberg received compensation from with his NIH grants if he was not involved companies that have a financial interest in Corcept and had a large equity interest in closely in the study? the success of that patent/license.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7892 CONGRESSIONAL RECORD — SENATE July 31, 2008 (d) Please provide an accounting of any I look forward to hearing from you by no treated with mifepristone for psychotic compensation paid to Dr. Schatzberg for any later than , 2008. All documents re- major depression. This study was supported patent/license, detailed by dollar amount sponsive to this request should be sent by several NIH grants. In the acknowledge- and year. electronically in PDF format to ments section of the paper, Dr. Schatzberg (3) Please provide a list of all studies pub- [email protected]. If disclosed that he had a financial interest in lished by Dr. Schatzberg that involve you have any questions, please do not hesi- Corcept Therapeutics, which has a licensing mifepristone or major depression. For each tate to contact Paul Thacker. agreement for mifepristone. Dr. Schatzberg study, please provide the following: Sincerely, also disclosed that he ‘‘played no direct role (a) Please list the grant(s) which funded CHARLES E. GRASSLEY, in the recruitment, assessment, or follow-up each study, in whole or in part. Ranking Member. of subjects enrolled in this study,’’ and ‘‘was (b) If an author listed on the study was at not directly involved in the analysis of data Stanford, please list their department, super- U.S. SENATE, stemming from this research.’’ This disclo- visor, and financial support, at that time. COMMITTEE ON FINANCE, sure raises some interesting questions re- (4) For each study identified above, please Washington, DC, July 31, 2008. garding Dr. Schatzberg’s involvement in the provide the name of each member of the In- ELIAS A. ZERHOUNI, M.D., study. Specifically, how could Dr. stitutional Review Board (IRB) that ap- Director, National Institutes of Health, Schatzberg monitor the research funded with proved the study protocol. For each IRB, Bethesda, MD his NIH grants if he was not involved closely please provide the following information: DEAR DIRECTOR ZERHOUNI: As a senior in the study? (a) Please provide minutes of the IRB member of the United States Senate and the Dr. Schatzberg was also a lead investigator meeting when that study was discussed. Ranking Member of the Committee on Fi- in a study on mifepristone for treating psy- (b) Please explain if the IRB considered fi- nance (Committee), I have a duty under the chotic major depression back in 2002. This nancial interests of study investigators and/ Constitution to conduct oversight into the study was supported by a grant from Corcept or Stanford in approving the study protocols. actions of executive branch agencies, includ- along with related support from the National (c) Please explain if the IRB required re- ing the activities of the National Institutes Institute of Mental Health (NIMH), one of porting of conflicts of interests to human of Health (NIH/Agency). In this capacity, I the NIH’s institutes. I am wondering how subjects participating in the study. must ensure that NIH properly fulfills its such grants are provided and how the pos- (d) Please provide a point of contact for mission to advance the public’s welfare and sible conflict of interests are managed and the IRB. makes responsible use of the public funding by whom. (5) According to federal regulations, ‘‘prior provided for medical studies. This research Furthermore, Dr. Schatzberg is listed as to the Institution’s expenditure of any funds often forms the basis for action taken by the the primary investigator on under the award, the Institution will report Medicare and Medicaid programs. ClinicalTrials.gov for another study to treat to the [Public Health Service] Awarding I would like to follow up with you on my patients with depression with mifepristone, Component the existence of a conflicting in- concerns about the lack of oversight regard- which began in 2005. This NIH funded trial is terest (but not the nature of the interest or ing conflicts of interest relating to the al- listed as active but is not recruiting pa- other details) found by the institution and most $24 billion in annual extramural funds tients. The estimated enrollment was for 100 assure that the interest has been managed, that are distributed by the NIH. I appreciate patients in this randomized, double-blind, reduced or eliminated.’’ Please provide the the comments you made recently during the placebo-controlled study. Also, Dr. date and supporting documents that show NIH appropriations hearing where you men- Schatzberg is listed on ClinicalTrials.gov as when Stanford determined that Dr. tioned several times that we need more the ‘‘study director’’ for a phase III clinical Schatzberg had a conflict of interest regard- ‘‘sunshine.’’ I could not agree more. trial to ‘‘evaluate the effectiveness of ing his federal funding of mifespristone re- I recently sent several letters to Stanford mifepristone to treat adults with psychotic search. University (Stanford/University) regarding major depression.’’ This trial is also funded (6) Please provide the date and supporting Dr. Alan Schatzberg, chair of Stanford’s de- by the NIH and is now actively recruiting pa- documents that show when Stanford re- partment of psychiatry. I am attaching tients. ported this conflict to the NIH. those letters for your review and consider- According to the ‘‘NIH Grants Policy (7) Please provide the following informa- ation. Statement’’ the primary investigator of an tion on Corcept: According to information found on the NIH grant is ‘‘responsible for the scientific (a) When did Dr. Schatzberg create NIH’s CRISP database of extramural grants, or technical aspects of the grant and for day- Corcept? Dr. Schatzberg has/had NIH grants to study to-day management of the project or pro- (b) When did Corcept apply to the FDA for mifepristone as well as major depression. At gram.’’ So the question arises: how could Dr. approval of mifepristone to treat psychotic the same time it appears that he has also Schatzberg monitor the research funded with major depression? had an ongoing financial relationship with his NIH grants if he was not involved closely (c) When did Dr. Schatzberg first become Corcept Therapeutics (Corcept/Company). in the study? vested in the company? Corcept is seeking approval from the Food I also understand that Stanford had a li- (8) Please explain how Stanford manages a and Drug Administration for mifepristone to censing agreement with Corcept and was conflict of interest with NIH funded re- treat psychotic major depression. Corcept paying royalties to Dr. Schatzberg for sev- searchers if Stanford has a financial interest was founded (in part) by Dr. Schatzberg and eral years. Again, I am wondering how Stan- in the outcome of the study. he has several million dollars of equity in ford could manage Dr. Schatzberg’s conflicts (9) According to Stanford’s press state- the company. Dr. Schatzberg has also re- when it also has a financial interest in the ment, ‘‘In addition, NIH reviews its data ceived payments over several years from company and the research outcome. through its Data Safety and Monitoring Corcept and has received payments directly I would appreciate a greater understanding Board structures.’’ Please provide docu- from Stanford because of its licensing agree- of Stanford’s role in ‘‘managing’’ Dr. mentation that a Data Safety Monitoring ment with Corcept for mifepristone. Schatzberg’s conflicts of interest regarding Board (DSMB) at the NIH has been apprised The intertwined relationship between his NIH grants to study mifepristone. Ac- of Dr. Schatzberg’s and/or Stanford’s finan- Stanford, Dr. Schatzberg, and Corcept was cordingly, please respond to the following cial interests in Corcept. first reported in 2006 in a two-part series that questions and requests for information. The (10) The AAMC advises institutions to re- ran in the San Jose Mercury News. In light time span of this request covers 1995 to the port conflicts of interest ‘‘in any substantive of this article, I am interested in under- present. For each response, please repeat the public communication of the research re- standing if the NIH investigated potential enumerated request and follow with the ap- sults.’’ Please explain Stanford’s policies for conflicts of interest after this series ap- propriate answer. reporting conflicts of interest in press re- peared. I would also like to know when Stan- 1. Following the series by the San Jose leases and other publications controlled by ford first notified the NIH that Dr. Mercury News, did the NIH examine Stan- Stanford. Schatzberg had a conflict of interest regard- ford’s management of Dr. Schatzberg’s con- (11) Dr. Schatzberg has reported in a 2006 ing his large equity interest in Corcept. flicts of interest? If yes, please provide me publication that he ‘‘played no direct role in Stanford’s attempts to manage Dr. with copies of all pertinent documents and the recruitment, assessment, or follow-up of Schatzberg’s conflicts of interest and his communications. If not, why not? subjects enrolled in this study,’’ and ‘‘was NIH grants raise several questions. Accord- 2. According to the ‘‘NIH Grants Policy not directly involved in the analysis of data ing to Stanford’s recent press statement, Statement,’’ Dr. Schatzberg’s role as the pri- stemming from this research.’’ Please ex- this management ‘‘included his not partici- mary investigator of his NIH grants is to be plain how, with such constraints, Dr. pating in any human subjects research in- ‘‘responsible for the scientific or technical Schatzberg was able to monitor the spending volving mifepristone. . . .’’ However, Dr. aspects of the grant and for day-to-day man- of his NIH grants. Schatzberg’s name appears as the author of agement of the project or program.’’ How Thank you again for your continued co- several published studies involving human can Dr. Schatzberg live up to these obliga- operation and assistance in this matter. As subjects research and mifepristone. One of tions when Stanford’s press statement you know, in cooperating with the Commit- these studies was funded by Corcept, some claims that he ‘‘played no direct role in the tee’s review, no documents, records, data or were funded by the NIH, and one was funded recruitment, assessment, or follow-up of sub- information related to these matters shall be by both Corcept and the NIH. jects enrolled in this study,’’ and ‘‘was not destroyed, modified, removed or otherwise For instance, in 2006, Dr. Schatzberg pub- directly involved in the analysis of data made inaccessible to the Committee. lished a study involving human subjects stemming from this research’’?

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7893 3. Does the NIH allow researchers to recuse CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL A closer look at these 3,006 tragedies themselves from involvement in the research YEAR 2009—S. CON. RES. 70; REVISIONS TO THE show 1,972 children and teens were funded by their own NIH grants? If yes, did CONFERENCE AGREEMENT PURSUANT TO SECTION 222 homicide victims, 822 children and the NIH allow Dr. Schatzberg to recuse him- self from any of the grants made to him by DEFICIT-NEUTRAL RESERVE FUND FOR IMPROVING teens committed suicide, and 212 chil- the NIH? EDUCATION—Continued dren and teens died in accidental or un- 4. Please provide a list of all NIH grants re- [In billions of dollars] determined circumstances; 2,654 were ceived by Dr. Schatzberg. For each grant, FY 2009 ...... ¥67.746 boys and 352 were girls; 404 were under please provide the following: a. Name of FY 2010 ...... 21.297 the age of 15, 131 were under the age of grant; b. Topic of grant; and c. Amount of FY 2011 ...... ¥14.785 10, and 69 were under the age of 5. funding for grant. FY 2012 ...... ¥151.532 More than five times as many chil- 5. Please provide a list of any other inter- FY 2013 ...... ¥123.648 actions that Dr. Schatzberg has had with the (2) New Budget Authority: dren and teens suffered nonfatal gun NIH to include membership on advisory FY 2008 ...... 2,564.237 injuries during the same period. boards, peer review on grants, or the like. FY 2009 ...... 2,538.292 Mr. President, these staggering sta- FY 2010 ...... 2,566.671 The span of this request covers 1998 to the FY 2011 ...... 2,692.511 tistics cannot and must not be ignored. present. FY 2012 ...... 2,734.155 We must strengthen our gun laws to 6. Stanford has claimed that Dr. FY 2013 ...... 2,858.894 limit children’s assess to guns. As a fa- Schatzberg’s research has been monitored by (3) Budget Outlays: an NIH Data Safety Monitoring Board FY 2008 ...... 2,466.678 ther and a grandfather, I urge my col- (DSMB). Does the NIH DSMB provide over- FY 2009 ...... 2,573.270 leagues to take up and pass sensible sight of conflicts of interest for a study? If FY 2010 ...... 2,625.593 gun safety legislation so that this FY 2011 ...... 2,711.470 so, please explain. If not, why not? FY 2012 ...... 2,719.582 frightening trend will not continue. I look forward to hearing from you by no FY 2013 ...... 2,852.035 f later than August 14, 2008. If you have any questions, please contact my Committee IDAHOANS SPEAK OUT ON HIGH staff, Paul Thacker at (202) 224–4515. Any for- CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL ENERGY PRICES mal correspondence should be sent electroni- YEAR 2009—S. CON. RES. 70; REVISIONS TO THE cally in PDF searchable format to CONFERENCE AGREEMENT PURSUANT TO SECTION 222 Mr. CRAPO. Mr. President, In mid- [email protected]. DEFICIT-NEUTRAL RESERVE FUND FOR IMPROVING June, I asked Idahoans to share with Sincerely, EDUCATION me how high energy prices are affect- CHARLES E. GRASSLEY, ing their lives, and they responded by In millions of dollars Ranking Member. the hundreds. The stories, numbering f Current Allocation to Senate Health, Education, Labor, and over 1,000, are heartbreaking and CHANGES TO S. CON. RES. 70 Pensions Committee: touching. To respect their efforts, I am FY 2008 Budget Authority ...... 9,874 submitting every e-mail sent to me FY 2008 Outlays ...... 9,745 Mr. CONRAD. Mr. President, section through [email protected] 222 of S. Con. Res. 70, the 2009 budget FY 2009 Budget Authority ...... 9,349 FY 2009 Outlays ...... 8,088 .gov to the CONGRESSIONAL RECORD. resolution, permits the chairman of the FY 2009–2013 Budget Authority ...... 62,263 This is not an issue that will be easily FY 2009–2013 Outlays ...... 60,084 Senate Budget Committee to revise the resolved, but it is one that deserves im- allocations, aggregates, and other lev- Adjustments: FY 2008 Budget Authority ...... ¥10 mediate and serious attention, and Ida- els in the resolution for legislation im- FY 2008 Outlays ...... * hoans deserve to be heard. Their sto- ¥ proving education, including legisla- FY 2009 Budget Authority ...... 9 ries not only detail their struggles to tion that makes higher education more FY 2009 Outlays ...... ¥114 meet everyday expenses, but also have accessible or more affordable. The revi- FY 2009–2013 Budget Authority ...... 36 FY 2009–2013 Outlays ...... ¥60 suggestions and recommendations as to sions are contingent on certain condi- Revised Allocation to Senate Health, Education, Labor, and what Congress can do now to tackle tions being met, including that such Pensions Committee: this problem and find solutions that legislation not worsen the deficit over FY 2008 Budget Authority ...... 9,864 FY 2008 Outlays ...... 9,745 last beyond today. I ask unanimous the period of the total of fiscal years FY 2009 Budget Authority ...... 9,340 consent to have today’s letters printed 2008 through 2013 or the period of the FY 2009 Outlays ...... 7,974 in the RECORD. total of fiscal years 2008 through 2018. FY 2009–2013 Budget Authority ...... 62,299 I find that the conference report to FY 2009–2013 Outlays ...... 60,024 There being no objection, the mate- accompany H.R. 4137, the Higher Edu- *less than $500,000. rial was ordered to be printed in the cation Opportunity Act, satisfies the f RECORD, as follows: conditions of the reserve fund for im- I have a 2001 Hyundai Elantra, well main- CHILDREN’S DEATHS BY tained, until lately—I can no longer afford proving education. Therefore, pursuant FIREARMS to section 222, I am adjusting the ag- much [periodic maintenance]. In any case, it Mr. LEVIN. Mr. President, after gets approximately 35 mpg. It now costs me gregates in the 2009 budget resolution, over $50 to fill the tank. My wife works 32– as well as the allocation provided to more than a decade of decline, the number of children and teens killed by 35 hours per week at [Walmart] in Ontario, the Senate Health, Education, Labor, Oregon. She makes $10 per hour, since it’s in and Pensions Committee. firearms is again increasing. I would Oregon. [She drives more than] 18 miles each I ask unanimous consent that the fol- like to take a moment to break down way to work. lowing revisions to S. Con. Res. 70 be some of the statistics that contribute My doctor at [the Veterans Administration printed in the RECORD. to this alarming fact. An analysis of hospital] is 86 miles one way. My wife’s or- There being no objection, the mate- firearm violence data by the Children’s thopedic doctor is in Nampa—roughly 50 rial was ordered to be printed in the Defense Fund found that 3,006 children miles. [She has another doctor] in Merid- ian—roughly 68 miles each way. I am dis- RECORD, as follows: and teens were killed by guns in 2005. This marked the first time that more abled on Social Security disability. I receive than 3,000 kids were killed by firearms army retirement and VA disability, partially CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL offset by my retired pay. YEAR 2009—S. CON. RES. 70; REVISIONS TO THE in many years and the first yearly in- Thank God and Walmart, I get a slight dis- CONFERENCE AGREEMENT PURSUANT TO SECTION 222 crease in the number of children’s count on household expenses at Walmart. DEFICIT-NEUTRAL RESERVE FUND FOR IMPROVING deaths since 1994. Broken down, this We’re talking $200 per month, or more, for EDUCATION amounts to 1 child or teen dying every gasoline. Do something besides talk! Drill [In billions of dollars] 3 hours in America, 8 children a day, or Here—Drill Now—Pay Less! 58 children every week. TARO. Section 101 Firearms are the cause of death of (1)(A) Federal Revenues: more children between the ages of 10 I doubt you will use this story because it FY 2008 ...... 1,875.401 will not help support the corporate energy FY 2009 ...... 2,029.653 and 19 than any other cause except car accidents. In 2005 alone, a shocking 69 giants or their lobbyists and it will not reaf- FY 2010 ...... 2,204.695 firm the status quo as I believe Washington FY 2011 ...... 2,413.285 preschoolers were killed by firearms. wants to continue to do. FY 2012 ...... 2,506.063 Between 1979 and 2005, gun violence FY 2013 ...... 2,626.571 We are paying more for energy at our (1)(B) Change in Federal Revenues: took the lives of over 104,000 children house, just like everyone else. It costs us FY 2008 ...... ¥3.999 and teens. more to drive to work, to visit family, to

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7894 CONGRESSIONAL RECORD — SENATE July 31, 2008 take a vacation and to keep our home be- is something we need to excrete out of our point that one of us (both in our 70s) will cause of high gasoline, electricity, and nat- system as soon as possible so that we can have to find a job. ural gas costs. Food costs us much more, too. once again embrace the democratic prin- Thanks for listening to people like us. But we are taking action ourselves to re- ciples and public trusts this country was KAROL, Nampa. duce the costs and contribute helping solve founded on. the larger question about global warming I wish you luck and I hope you can see We need to look for alternative fuel. Per- and what we are doing to our own environ- your way to what needs to be done. We all haps now since it is hitting our pocket books ment. We bought a hybrid car to reduce gas will be doing what we can out here, in the we will be more willing. Please stay out of consumption. We bicycle to work. We turn land of the free and home of the brave. the environmentally-sensitive areas; no need off lights when we leave the room. We turn Respectfully, to destroy our environment for short term down the temperature of our water heater. GREGG. gain. We contribute to our utilities green energy Thank You, program. We recycle, reuse, and restore. We I work at the site and drive 100 miles ASA. invest in only green energy and companies roundtrip. Our union per diem has not [in- that are forwarding a future that is not de- creased] in years to stay current with the I was retired and had to go back to work pendent on fossil fuels and that gives back to outrageous gas prices. It has also affected due to the higher energy prices and increases the people and resources they depend on. my being able to go to Island Park to the lot in the cost of food. And we buy only food that is grown in as sus- my parents bought in 1970 and has since been ALBERT. tainable way as possible to support the best willed to me. I used to make weekend trips farmers and the practices they use. We sup- every week but cannot even afford to buy gas While you sit high and mighty in your posh port farmers who are stewards of the land. to pull the trailer up to the lot, let alone and air-conditioned jobs, listen in on how And I know high fuel prices are making pull the boat up and buy gas for it. I am the two teachers in Idaho have to get by so we Americans use less gas, drive less, and think Job Supervisor for Construction on the Tank can pay our taxes to pay your well-padded more before they get in the car and take a Farm Closure Project and have received sev- salaries . . . trip. The same is happening all across Amer- eral recognition awards for my work and just Both my wife and I are State Certified ica, even previously unresponsive corpora- won the Eagle Award for the Tank Farm. Teachers. Both of us are highly-educated tions like Walmart and Chevrolet and Ford Maybe I can sell them and get money for gas (myself with a Master’s in Education from and General Motors are taking actions to to continue going to work. We need to build University of Idaho and my wife with a curb fuel costs, use less fuel, make more effi- Generation IV reactors and start getting our Bachelor’s in Special Education from Boise cient cars, and save energy because the ris- own oil and not depend on foreign countries State University). Neither of us can find jobs ing prices and changing energy markets af- that can’t stand us to begin with. teaching here in the Treasure Valley because fect their bottom line. The only ones who are LARRY, Blackfoot. school districts are cutting FTE’s in order to not taking any action are those who are spread their already overly-inflated budgets making a profit from high energy prices. Like many Americans, my husband and I in multiple directions. We have a baby on The fact is, changes in the world of energy have tried to support the American economy the way with no medical insurance and no prices and changes in our perspective on how by buying U.S. branded products; but as we way to qualify for aid as we are considered humans are affecting the environment we are getting to within seven years of retire- too wealthy, because we both were teaching live in are changing too. And people are tak- ment we need to make our retirement sav- last year. ing action rather than wait for our unrespon- ings a top priority. We calculated the cost of Life is getting interesting for us as we sive and partisan public officials to do some- owning our Ford vehicles and compared have cut all of our spending in our budgets thing. them to the overall cost of a Toyota Prius to buy gas for our little VW bug. We no If you do anything or want to take any ac- using $3.20 a gallon gas cost. The Prius won longer can afford to drive to the movies, as tion, promote energy conservation in any by a nose, so we bought one last year. This that is gas we need to look for work. We no and all ways and renewable energy produc- year we traded in our last Ford for another longer spend money on luxury items, as that tion in all its forms. Under no circumstances Prius. We have been able to keep our retire- is money set aside to buy gas to get to work. should we further exploit the fossil fuel re- ment savings at the same level because of We no longer eat out, as all restaurants are sources this country has. We will need them these purchases. This, of course, means we rising their prices in order to keep up with in the long term so they are investment in can no longer haul the larger loads or go into their own costs. That is also money we need our future and best kept where they are and the back country on the unimproved roads for gas to get back and forth to work. We their exploitation now would only speed the like we did before the cost of gas became un- work to feed the car now, not each other. We further decline of this country and our glob- reasonable. We have made accommodations; eat Top Ramen, macaroni & cheese, and sal- al environment. but the changes have limited our recreation ads (fine, yes, but it gets old after a while), If you want to promote nuclear energy, choices. These are minor issues compared to because we can no longer afford to eat the then any proposal and supporter of such a the families who cannot make these changes healthier foods because all of the stores have bill should also volunteer their land and the because they have mortgages that are now raised those prices to just outside of our land of their family for the storage of nu- close to the value of the property due to the reach. For us, it is now about survival . . . clear waste (the Idaho National Lab does not falling real estate market and their other not living. count). . . Or such proponents should volun- costs have risen with the price of gas. These You politicians need to understand just teer to move next to the site that will store people are being squeezed from all sides. whose money you are spending when you such waste. If you or anyone else can pass KATHLEEN. schedule your flights and eat your meals and that red face test, then I would support mov- then bill it to the people. You need to look ing ahead with such legislation. [Thank you for not passing the climate at your own waistlines and paychecks and I think, first and foremost, you should pass change bill] that was one of the stupidest consider taking a pay-cut like we do. You a cap and trade bill on carbon. It is the only bills I have seen. It is no wonder the ap- are not there to get rich! You are not there way in which we can develop a viable econ- proval rating is so low. Keep up the good to build your career! You are there to rep- omy and take advantage of the new opportu- work—and keep those [other Members] in resent us! That is it! nities offered by the challenges of energy in line—It will take some time, but they will be Consider cutting your own spending by the future and preserve the planet in which out [of office soon]. brown bagging lunch from your own home we live. UNSIGNED. budgets and kitchens, instead of ordering I also think that the profits being afforded and charging it as a tax write-off. Consider to energy companies as a result of increasing We have seen the prices of not only gas, video conferencing more often instead of costs to citizens should be taxed. No one but groceries, going up and up. Because we bouncing back and forth across the nation in wants to remove corporate profits but record need to continue to buy gas in order to keep an airplane for your meetings. Conference profits and changes in markets to provide for doctors’ appointments, get our son to work, call like the rest of us! Ride a bike when you this are opportunities for providing funding go to church and the grocery store, etc., we can or a motorcycle or scooter and become for new and important initiatives without have had to purchase less food. The fruits the leading example you originally set out to undue loss of corporate profitability or re- and vegetables are now priced so high, we are be! turns on investments to shareholders. unable to include them in our diet. As you Please understand, from where we are you The ‘‘problem’’ with America is that we do know, these are essential for our health! We are an unnecessary expense on our taxes. If not want to sacrifice our future for the short live on Social Security—and that does not go the government cannot afford to pay its term economic gain of a few short years and up!! It is becoming more and more of a strug- bills, it should stop spending! Not raise more the short term political gains one party or gle just to pay our utilities, prescriptions, revenue by raising more taxes. the other can make. We are not like China in and insurances. We would love to be able to We the People are looking at a government that way and if we stoop to competing with drive out of state to visit our children, but out of control. As stated in the Declaration them at that level, we not only destroy the cannot afford to drive that far. On top of all of Independence: environment but lose our values and what we of that, our property taxes are going up! We ‘‘ . . . that to secure these rights, Govern- stand for. This has been the approach of the pay our bills, then wonder just what we will ments are instituted among Men, deriving current administration and its party and it eat for our next meals! It is almost to the their just powers from those governed,—That

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7895 whenever any Form of Government becomes up our reserves. We have plenty for the next to become the Kenedy County Repub- destructive of these ends, it is the right of few centuries and by then we will have a new lican Party chair. From there she took the People to alter or to abolish it, and to in- energy source. Thanks for listening. off, serving next as Texas Republican stitute new Government, laying its founda- RON. Party chair, and eventually as the first tion on such principles and organizing its powers in such form, as to them shall seem In your e-mail, you have said that you sup- woman ever to cochair the Republican most likely to effect their Safety and Happi- port wind energy. I was disappointed to see National Committee. ness.’’ that you voted against the Production Tax One year later Anne made history This government is bent on overburdening Credit that would help the wind industry to again when she became the first its citizens. According to the Declaration of continue to grow. woman ever to deliver a keynote ad- Independence, such government should be STEPHEN. dress to a national party convention. ‘‘altered or abolished.’’ But Anne’s service was never about Please do not get me wrong and think I’m I will be 67 this October; my wife is 58. I am the notoriety, it was about improving anything but a patriotic American. Indeed, I still working, at a [lower] salary than I once spilled my own blood for this country of commanded. This fiasco on gasoline and die- the government of America. In a time mine! I fought a war of bone cancer in the sel prices has caused me to wonder if I will when a woman in politics was almost U.S. Navy, causing me to lose my right tibia. ever be able to retire. unheard of, Anne Armstrong forced I have been fighting for twenty years for a I own a motor-home; having traded in my herself into the game, and proved that right knee replacement, but I am told I can- one-ton diesel pickup and a 5th wheel trailer she belonged there. She became the not have one because of Veterans Adminis- due to the screaming increases in diesel fuel. first ever woman to hold a Presidential tration policy and budgets. I received a Pur- Now I cannot travel at all the way we had Cabinet Position, serving as an adviser ple Heart at Balboa Naval Hospital, but it planned and hoped. All of my immediate family is in the Mississippi, Louisiana and to Nixon and to Ford. does not show on my DD–214. Am I bitter, When President Ford joked at her yes! But, I still love my country! Texas areas—it may be that for some of my There are countless millions of people out family I may never see them again. Selling swearing-in that his wife was ‘‘always here (outside of your 3-piece suits and luxury the motor home is foolish at this juncture in needling’’ him to appoint women to cars—outside your sphere of influence) who that I can never hope to even almost recoup higher positions, Anne quickly retorted feel just as I do, but there seems to be noth- my investment. ‘‘I have the feeling Abigail Adams ing we can do about it. Vote yes, sure, but It is essential that Congress immediately would have been just as excited as ultimately it is you who make the decisions find and drill for oil anywhere in our own Betty Ford and I.’’ right, wrong, indifferent, fair or not fair. territories. At the same time, there should In her role Anne worked to further be major tax breaks given to those that can How you make your decisions personally and advance the roles of women in Amer- politically makes the determining factors of provide a) sensible alternative fuels or b) whether you stand for us or against us . . . major improvements in the internal combus- ica. She established the White House the People of these great United States of tion engine. Nuclear energy has been stu- Office of Women’s Programs, an office America. pidly legislated out of the future as well. dedicated to recruiting and assisting You must choose whether or not you get to My concern is that when we had the major- females in obtaining political appoint- keep your jobs gentlemen. I now have a Mas- ity and the President, we did not seem to ments and high level government em- ter’s Degree, a chip on my shoulder for poli- have the leadership that could provide the ployment. Her work, as well as her ex- increase in oil search, production and refine- ticians, a loud voice, and a lot of free time! ample, helped lay the groundwork for Shall I work with you or against you? ment. Now it seems that we may no longer Here are our requests: have the Presidency and for sure will not re- countless women who have followed Cut Foreign Oil Purchasing! gain the majority in the legislature. It is my her. I know that my colleague, Senator Cut All Big Oil Subsidies . . . on all fronts! firm belief that the opposition will choke HUTCHISON, attributes much of her suc- Cut your paychecks in half, even for three our economy to death with continued pres- cess to Anne’s example and mentor- months to show good faith! sures on ethanol or taxation on larger vehi- ship. Make 100 percent BioDiesel a priority! cles—all under the wing of left-wing par- After serving in the White House, Make diesel vehicles and electric vehicles a tisanship. Anne again made history as the first priority now! Substantial increases in the supply, while End gasoline vehicle production now, not changing the demand via alternative fuels, female Ambassador to the United King- 20 years from now! seem to be the only sensible way to go. dom. During that time, Anne Arm- Make Alternative fuels vehicles a priority AL, Hayden. strong nearly became the first woman now not 20 years from now! f on a Presidential ticket, as she was Electrical power can be harnessed all day considered by President Ford for the long in the desert, why isn’t it? REMEMBERING GOVERNOR ANNE vice presidency. Wind energy can be harnessed in the ARMSTRONG desert, why isn’t it? In what would be her last national Why burn coal to make electricity when Mr. CORNYN. Mr. President, I rise position, Anne served at the request of you can burn Brown’s Gas (HHO) for half the today with a heavy heart for the loss of President Reagan on the President’s cost and zero percent emissions released into one of Texas’ strongest, most influen- Foreign Intelligence Advisory Board. the air? tial women, Anne Armstrong. More im- She served as the first and only female JONATHAN-DAVID, Meridian. portantly, I rise today to honor and chair to that board, and served under commemorate her incredible service to both Presidents Reagan and Bush. Your thinking is not unique . . . it is rhet- Texas and the Nation as a whole. Utimately, Anne Armstrong was an oric we have heard for the past 30 years. Jimmy Carter and his lies about a shortage To understand what kind of a woman adviser to four different presidents, a are still around. It is you and our Congress Anne Armstrong was, you first need to mentor to many of today’s prominent that has caused this problem. You allowed understand where she came from. A politicians, and a beloved friend to all the Environmental Protection Agency and valedictorian graduate of Vassar in who had the pleasure of working with Department of Environmental Quality and 1949, Anne’s career started out, not in her. In 1987, recognizing her distin- all the environmentalist to control your politics, but on a ranch in southern guished service, President Reagan thinking and votes. I do not think I am Texas’ Kenedy County with her hus- awarded Anne with the Presidential wrong in my facts, am I? Your fuel taxes and band Tobin. Medal of Freedom. so-called regulations are taking the U.S. economy down. We will soon be controlled by Although she was born in Louisiana, But as passionately as Anne Arm- foreign economies if we do not take our own Anne quickly took to Texas life, and strong worked in politics, nothing resources and begin using them. You know enjoyed working on one of Texas’ his- could take priority over her family. we are the 3rd largest oil producer in the toric ranches, settled in the 19th cen- After serving in national politics for world yet we use so much foreign oil that it tury. Owning a ranch taught Anne to roughly 20 years, Anne returned home has become a joke? We had over 500 years of be tough when necessary, and always to her ranch and her family in Kenedy oil and natural gas reserves in the 70’s. Can polite. She also learned how to talk County. you tell me what happened to them? Do not politics with her husband and his Even after such a remarkable career answer me unless you have the facts about in politics, Anne Armstrong could not the info from the 70’s. I hope you will stand friends, and quickly proved to have a up and be counted when it comes to the con- sharp insight into the issues facing our resist the call to serve her community. trolling liberal environmentalists’ whining country. When she passed away on Wednesday, and crying. I truly believe you can get this Although her family always came Anne Armstrong was still serving as done and soon. Tell Congress we need to open first, Anne’s passion for politics led her the county commissioner. At the age of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7896 CONGRESSIONAL RECORD — SENATE July 31, 2008 80, battling cancer, Anne Armstrong TRIBUTE TO WAYSIDE There being no objection, the mate- continued to serve her beloved commu- RESTAURANT rial was ordered to be printed in the nity, her home of Texas. Mr. LEAHY. Mr. President, I would RECORD, as follows: Whether as a mother, a wife, a ranch- like to pay tribute to one of central [From the Times Argus] er or a politician, Anne Armstrong’s Vermont’s finest community gathering WAYSIDE TURNING 90 commitment and dedication was un- spaces, the Wayside Restaurant. Over (By Susan Allen) matched. Without a doubt, Texas, and the past 90 years, the Wayside has built MONTPELIER/BERLIN (literally).—In 1918, the Nation as a whole, is richer for her its reputation around the State of the Armistice was signed, ending World War service. Vermont as a quality establishment I. Anne’s legacy is survived by her 5 where neighbors enjoy a country style A legend—Ella Fitzgerald—was born. children and 13 grandchildren—as well A first class postage stamp cost 3 cents. breakfast, a quick business lunch, or a And, of course, the Boston Red Sox won as the countless others whose lives she well-rounded family dinner. The Way- the World Series. touched. That is why I have come side represents the needs of the com- That same year, Effie Ballou opened The today to introduce a resolution hon- munity with affordable and diversely Wayside Restaurant, straddling the Montpe- oring the life and service of a pioneer pleasant fare. lier/Berlin town line—not the 160-seat local of women in politics, and a great In 1918, when Effie Ballou opened the institution that has become something of a Texan, Mrs. Anne Armstrong. small soup and sandwich restaurant, landmark in Central Vermont, but a small, she never expected it would become take-out joint that more closely resembled a snack bar. f what it is today. The Wayside serves ‘‘In the early days, there were no seats in- around 1,000 customers a day, and with side the restaurant,’’ said Brian Zecchinelli, RECOGNIZING DAY OF THE 160 seats, is always filled with loyal who married into the restaurant business in AMERICAN COWBOY customers. Vermonters from all walks 1994 when he tied the knot with Karen of life frequent the Wayside for authen- Galfetti—whose family bought The Wayside Mr. ALLARD. Mr. President, today I tic Vermont cooking. Politicians, pro- in 1966 from the Fishes (who bought it from rise to pay tribute to the American fessionals, farmers, elderly people, and Effie Ballou in 1945). Cowboy. This distinguished body saw families all gather here to eat, mingle ‘‘Mrs. Ballou would make some soup at the fit to designate as the Day of and enjoy where they can choose a house, donuts, bring them down and reheat them,’’ Zecchinelli said. the American Cowboy. I cosponsored booth or saddle up to the horse shoe this resolution and would like to take Today’s Wayside serves around 1,000 cus- diner top. tomers a day—more in the summer, fewer in this opportunity to recognize this The Wayside’s menu offers more than the winter. Most are locals and many are iconic figure. 200 items, plus an additional list of spe- regulars who eat there so often they know Around the globe, the American Wild cials, all new every day. These daily the day of the week by the restaurant’s reg- West is known. To many it means cow- specials are memorized by the true ular daily special. boys, ranchers, cattle, horses, outlaws, blue patrons who line up at the doors But The Wayside has become more than a and gunfights. But it was also home- before 6:30 a.m. Unique delights such as place local Vermonters go for a good, afford- able meal (Zecchinelli recently mailed a let- steading and pioneering. These folks fresh native perch, only served in sea- helped establish the American West, ter to lawmakers reminding them they can son, is breaded and fried. Traditional eat three meals a day there for about $20). expanding our territories while cre- Yankee entrees are always accom- Many statewide and local politicians make ating a lasting culture and way of life, panied by freshly baked pies, breads sure there’s at least one Wayside stop on the passing down the traditions of honesty, and donuts. campaign tour. Zecchinelli said that’s be- integrity, courage, compassion, re- One of Vermont’s landmark eateries, cause so many Vermonters from all walks of spect, a strong work ethic, and patriot- the Wayside Restaurant sparks com- life can be found there—plenty of votes to ism from generation to generation. The munity admiration through its history woo. cowboy spirit is the backbone of our ‘‘It’s just such a cross section of the com- of public service. A major part of the munity eating here,’’ Zecchinelli said. great Nation, exemplifying strength of Wayside’s success is its history of fam- ‘‘Plumbers, lawyers, teachers, bank presi- character, sound family values, and ily ownership. Karen Galfetti and dents . . . the whole mix of customers. good old-fashioned common sense. Brian Zecchinelli are second-genera- You’ve got rusty old trucks and shining Mer- The enduring lessons and virtues of tion owners and operators. The cou- cedes in the parking lot.’’ the American cowboy are as prevalent ple’s dedication and hands on approach The Wayside was also a hot spot for state as ever in towns all across America. As are what sets the tone of the establish- workers until some years ago. That was due, in part, to the employee meal reimburse- a young boy growing up in northern ment, aided by their home’s location Colorado, agriculture and livestock ment plan that allowed workers to expense right next to the restaurant. Working meals eaten outside Montpelier. So, were an integral part of everyday life. together as a family, the Zecchinellis Zecchinelli said, some would eat at tables on Coming from a community where I saw strive to create a comfortable atmos- the Berlin side of the restaurant so they the strong moral character and drive phere and affordable service for the could expense their meal—until an auditor to succeed that modern ranchers ex- community; as such they represent the discovered that while the town line passed hibit, I can speak to how vibrant the heart of working America. Providing through the property, the entire restaurant cowboy spirit still is today in Amer- excellent benefits for employees, most was inside the Montpelier city limits. No ica’s heartland. more expensing. of whom have been there for decades, Asked what makes the restaurant so spe- In many ways, it is the unexpected the philosophy behind the Wayside re- cial, ‘‘You always say you have good employ- places where you find the influence of flects the kind of values that strength- ees and good customers,’’ Zecchinelli said. cowboys that amaze us and show the en our country. The Zecchinellis’ dedi- But, he said, the reality is something dif- true breadth of their impact. Origi- cation was recognized in 2005, when the ferent. It’s the house. Ballou lived in a house nally known for their tough and rugged U.S. Small Business Administration on the hill just behind The Wayside. When way of life on the Great Plains, the named them best Family-Owned Small she sold the restaurant to Joseph and Amy Fish (their son George and his wife Vivian American cowboy has a magnetism Business of the Year. that has drawn some of this Nation’s took it over in 1954), the house went with the Without the Wayside, to invite folks deal. most talented writers, architects, art- into Vermont, we would be missing not And when the Galfettis bought the res- ists, and poets to devote their work to only the chance to connect with our taurant in 1966, they, in turn, got the house, the tradition of the cowboy. next door neighbors, but the oppor- as did Karen and Brian when they took over. I am pleased to be a part of con- tunity to support a long-time estab- ‘‘Since Day One, the house was always tinuing this tradition with the designa- lishment that has always kept the in- with the restaurant,’’ said Brian Zecchinelli. tion of July 26 as the Day of the Amer- terests of its customers at the heart of ‘‘So the owners have always been very ican Cowboy and hope we will honor hands-on. . . . The fact that the owner has its expansion. always been able to skip down to The Way- the legend of these American heroes Mr. President, I ask unanimous con- side to give folks a hand, be there during with our continued steadfast, hard sent that an article from the Times hours when you’re busiest. work and dedication to this great coun- Argus detailing their 90 years of suc- ‘‘If other businesses want to put a house on try. cess be printed in the RECORD. the property, go for it,’’ he advised.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7897 Brian, who previously worked at Milne cause our future success as a State and hours of demanding training over years Travel and Rock of Ages, never expected to a nation depends on making sure that of preparation, yet these athletes show go into the restaurant business. Although quality education is accessible and af- us that commitment to excellence Karen had also worked elsewhere—E.F. Hut- fordable. truly has its rewards. For some, the ton and Co. and Smith Barney in Bur- lington—she knew The Wayside was probably I am also so happy to see Congress spoils of their sacrifice may even come in her future. pass comprehensive product safety leg- in the form of an Olympic medal. ‘‘It was something I tried and I liked. islation. Inspired by the story of This Olympiad is the first for many We’ve enjoyed it,’’ Brian Zecchinelli said. Jarnell Brown—a 4-year-old boy in of the Hoosier athletes; others have ‘‘We’re been so active in this business that Minnesota who died after ingesting a donned the colors of Team USA before. we can tag team each other.’’ charm that was 99 percent lead—I have This year, Lloy Ball, a member of the The Galfettis and Zecchinellis have put worked for the past year on authoring U.S. men’s volleyball team, will be- seven additions on the restaurant over the and promoting the lead provision of the come the first male athlete from the years, and although customers have urged United States to compete in four Olym- him to expand, Brian said the current size of Consumer Product Safety Improve- 120 tables feels like the number to stay with, ment Act of 2008. In the past year and pic Games. Lloy’s incredible feat will ‘‘a comfortable size.’’ a half, over 13 million toys have been forever be part of Indiana and Olympic He said the best thing about owning The recalled because they contained harm- sports history, and I know our entire Wayside has been the customers, who truly ful lead, and I am proud to say that state is immensely proud to count him respond to good food. ‘‘You’re only as good this bill finally gets that substance out among our own. as your last meal,’’ he quipped. of children’s toys. As these eight athletes travel half- The toughest thing, he noted, has been way around the globe to compete meeting the bottom line. As one of the conferees of this legis- lation, I signed the final conference re- against the world’s finest, they will ‘‘The challenge is keeping costs in line so bring with them the unwavering sup- we can continue to be an affordable place for port that was sent to the floor today, people to gather,’’ he said. Almost every- and I have been a strong supporter of port of their fellow Hoosiers. The peo- thing is made on site. The kitchen is large this legislation since the beginning. ple of Indiana are fortunate to have and the smells of freshly baking bread (al- This legislation is the most sweeping such an exceptional group representing most all bread, except English muffins and consumer product safety reform in dec- us at the Olympic Games. Team USA represents the best Amer- rye, are made at the restaurant). Daily spe- ades, and I am glad that we have fi- cials include full turkey meals, roast beef, ica has to offer, and these Hoosiers will nally voted this evening to protect our maple-cured McKenzie ham and more. make our State and our country children and protect our public. On virtually any day of the week, any time proud.∑ of the day, the parking lot is packed, most of On August 1, 2007, the Minneapolis I– the cars, trucks and motorcycles carrying 35W bridge spanning the Mississippi f Vermont license plates. River collapsed. The 1-year anniversary HONORING JACK W. AEBY Zecchinelli said his favorite moment dur- of this tragedy will be recognized ∑ ing his years as Wayside owner was the Red Mr. BINGAMAN. Mr. President, this across my State tomorrow. I am trav- month marks the 63rd year since sci- Sox rally he hosted after the Sox won the eling home to honor the victims and 2004 World Series, noting the last time his entists at Los Alamos National Lab- team had won was the year The Wayside their families, and to recognize our he- oratory tested the world’s first nuclear opened—1918. roic first responders. By returning to weapon at the Trinity Test Site in ‘‘We argued whether The Wayside has been Minnesota, I will not be in Washington, southern New Mexico. While much has the curse or the Bambino,’’ he joked. DC, to vote on the adoption of either been written about this test, which has The restaurant rolled back prices that day, the College Opportunities and Afford- changed the course of the world as we and more than 3,000 people came in to cele- ability Act of 2008 or the Consumer know it today, little has been written brate, ‘‘mostly Red Sox fans, but some em- Product Safety Improvement Act of ployees were in Yankee jerseys. That’s OK about the famous color photograph of because we’re baseball fans.’’ 2008 conference reports. Had I not re- this test the only color photograph What will happen to The Wayside in the fu- turned to Minnesota, I would have that survived the test. ture, one wonders? It’s impossible to know voted in favor of both of these impor- Jack W. Aeby, then 23, was assigned for sure. tant pieces of legislation.∑ to Emilio Segre in the Gamma Radi- But, Zecchinelli pointed out, his son Jay f ation group as a technician and was has been working the register since he was 4. permitted to bring his own 35 mm cam- ADDITIONAL STATEMENTS f era to take color pictures of the radi- VOTE EXPLANATION ation measuring equipment. When the detonation occurred, Mr. Aeby took 3 ∑ Ms. KLOBUCHAR. Mr. President, I HONORING HOOSIER OLYMPIC ATHLETES pictures of the detonation before run- rise today because I am proud to see ning out of film. Of those three pic- ∑ the Senate pass two strong, bipartisan Mr. BAYH. Mr. President, today I tures, one turned out to be good. Today bills that will provide much needed re- pay tribute to the eight outstanding that picture is used around the world lief to families across the country; the Hoosier athletes representing the State and is found on the cover of such fa- College Opportunities and Afford- of Indiana and all of the United States mous publications as Time magazine ability Act of 2008 and the Consumer in the Games of the XXIX Olympiad in and Richard Rhodes’ ‘‘The Making of Product Safety Improvement Act of Beijing, China. the Atomic Bomb.’’ In some cases he is 2008. Lloy Ball, a volleyball player from given credit for this photo but never Congress first passed the Higher Edu- Fort Wayne; David Boudia, a diver consistently due to the complications cation Act more than 40 years ago, from Noblesville; Tamika Catchings, a associated with our copyright law. guided by the principle that no quali- basketball player from Indianapolis; Mr. Aeby still lives in Espanola, NM. fied student should be denied the op- Lauren Cheney, a soccer player from As he turns 85 next month, I would like portunity to attend college because of Indianapolis; Richard Clayton, a base- to honor him and the contribution he the cost. Today, the cost of college has ball player from Lafayette; Mary has made to society in taking this more than tripled. Tuition at 4-year Dunnichay, a diver from Elwood; photo to remind us of the way this test public colleges in Minnesota has in- Thomas Finchum, a diver from Indian- has changed the course of modern his- creased 100 percent in just the past 10 apolis; and Bridget Sloan, a gymnast tory.∑ years. from Pittsboro, will all represent the f I believe that investing in higher Hoosier State as members of Team education pays extraordinary divi- USA. TRIBUTE TO DR. MICHAEL C. dends, I am proud to provide real help These Hoosiers have shown superior MORGAN for students and their families to make abilities, extraordinary work ethics, ∑ Mr. CARDIN. Mr. President, Dr. Mi- college more affordable. By passing and unflappable determination in their chael Morgan is a professor of atmos- this legislation we continue our fight quests to become Olympic athletes. pheric sciences at the University of to gain stronger Federal support for The road to the pinnacle of athletic Wisconsin, Madison, and a Congres- higher education opportunities—be- success has required thousands of sional Science Fellow sponsored by the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7898 CONGRESSIONAL RECORD — SENATE July 31, 2008 American Association for the Advance- when the State Pension Office was part tem and took it upon himself to auto- ment of Science. of the State Treasurer’s Office. He was mate the calculation of benefits, a step As a native of Baltimore, Dr. Morgan one of the original Pension Office em- that would reduce the workload for earned his undergraduate degree as ployees, having served for the office many of his coworkers, as well as pro- well as his doctorate from the Massa- since its creation. Because of his long vide the people they served with a chusetts Institute of Technology. He tenure with the office, Ray has served more accurate method of determining has also completed post-doctoral stud- as the go-to person for just about any benefits. ies at Texas A&M University. Dr. Mor- issue that ever arose within the office. One of the special things about Ray gan has been an invaluable member of His deep understanding and knowledge was that he was not only interested in my staff since October, 2007. His fellow- of the workings of the office, whether helping any person he could, but he ship ends in late August and he will re- it be in the investment sector or the strove to help every person who had a turn to his teaching duties then. calculation of retirement benefits, concern or issue. If he did not have the The AAAS Fellows Program has been made him a valuable resource for not answer—which was rare—he would the source of skilled science advisers only the people he served but to his co- search tirelessly for one from any re- for many years here on Capitol Hill. workers, as well. source he could and would never allow Rarely, however, has the program Ray began his career in public serv- anyone in need to go without some made such a timely placement. With ice on November 1, 1968, as the first form of assistance. If a person had his expertise in atmospheric sciences, senior accountant for the State Budget questions about retirement and his call Dr. Morgan was especially well- Commission. There, he developed the was answered by Ray, he or she was equipped to advise me on global cli- initial accounting system to track and sure to complete that conversation mate change issues. recoup previous advancements made with a solution or, at the very least, a As the Environment and Public from something called the Advanced direction of where to go to find a solu- Works Committee held a number of Land Acquisition and Advanced Plan- tion. oversight hearings on climate change ning Funds. His efforts recouped mil- In addition to his extensive knowl- last year, Dr. Morgan provided careful lions of dollars, resulting in additional edge of State pension law and of the analysis of witness testimony as well interest earnings that were used to workings of the State Pension Office, as probing questions. When Mr. make advanced purchase deposits on Ray’s success in his career can largely LIEBERMAN and Mr. WARNER advanced many of the State’s public park lands be attributed to his genuine love for their landmark legislation, America’s that are enjoyed by our residents and his work. He was always truly inter- Climate Security Act, few offices could visitors today. ested in the workings of the State Pen- rely on the expertise that Dr. Morgan In 1971, Ray was selected to be the sion Office and found it both chal- lent this Senator. And when Ms. BOXER fiscal administrative officer for the lenging and satisfying. Ray embraced brought the legislation to the floor, Dr. newly created State Pension Office. In and took full advantage of the oppor- Morgan had convinced me that a broad- that role, he developed many of the tunity to develop the State Pension Of- based science program of monitoring rules, regulations, and procedures that fice from the ground up. A very humble and analysis was needed. Although are still used there some 35 years later. human being, he took pride in his tire- blocked from offering my scientific In the late 1980s, Ray helped lead the less efforts to make the office what it monitoring amendment on the floor, effort to computerize the State Pen- is today. He worked diligently to make Dr. Morgan has provided us with a sion Office, enabling its staff to become Delaware’s retirement system a model solid framework that I intend to see as more productive and to provide better for the Nation, not just because it was part of climate change legislation con- service to 25,000 employees, as well as his job, but because he genuinely cared sidered next year. to 5,000 pensioners and their families. about every person who contacted that In addition to his expertise on atmos- Many of the administrative policies de- office with questions and concerns pheric science issues, Dr. Morgan pro- veloped by Ray are still in place today about their retirement. vided comprehensive support to me on and continue to make a positive dif- Of all of these accolades, Ray says: the full range of issues that came be- Although I have been involved in recom- fore the Environment and Public ference in the lives of one generation of retirees after another. mending, developing, or implementing many Works Committee. Of special note has enhancements in policies and processes dur- It was not just Ray’s depth of knowl- been his work on bills to control harm- ing my tenure, I am most satisfied in know- edge and his years of experience that ful mercury emission and another bill ing that I have been able to serve the Office, attracted people to him in the Pension to simplify and automate the tracking fellow staff members, and the taxpayers of Office. It was his giving and caring per- system for hazardous wastes in this the state to the best of my ability and have sonality, as well. He always brought a helped make the retirement process more ef- country. ficient, effective, and easier for all involved. Dr. Morgan has been an integral part ready smile to the workplace each day. of the Projects Team in my office and Ray was hard pressed ever to refuse Ray Johnson is one of the most dedi- a valued friend and colleague to my help to anyone who requested it. He cated and hard-working people with permanent staff. would answer calls and questions at all whom I have ever had the honor of As he prepares to return to his aca- times of day and mentored new work- working. He has earned every day the demic duties, Dr. Morgan goes with my ers in his free time. Ray served as a fa- admiration and affection of his col- sincere thanks and best wishes.∑ ther-figure to many employees, too, leagues and the gratitude of the people dispensing advice to those who asked they have served for four decades. His f for it or, sometimes, just lending a loyalty and his sense of service have IN RECOGNITION OF RAY JOHNSON sympathetic ear. His compassion for been and remain a source of inspiration ∑ Mr. CARPER. Mr. President, I wish and loyalty to his work, to his col- to me and to those around him. It is to recognize Ray Johnson who is retir- leagues, and to those they served made with a genuine sense of honor and joy ing on September 1, 2008, from the him an especially worthy recipient of that I extend my heartfelt congratula- Delaware State Pension Office after an the Pension Administration Award— tions to Ray. I wish him a long and amazing 39 years and 10 months of the highest award given in the Pension happy retirement to share and enjoy service to the people of Delaware. Ray Office and an award bestowed upon him with his equally accomplished wife literally has dedicated his life to help- by the vote of his peers. Claudia and their children, Randy and ing tens of thousands of State employ- Ray continually worked to better the Donna. On behalf of the people of Dela- ees, educators, and others prepare for retirement system for the people he ware, let me thank the three of you for their retirement. It is now my privilege served as well as the people with whom sharing with the people of the First to thank him for his dedication to he worked. For example, when Ray State your husband and your father. them, to commend him for a life well moved to the State Pension Office in Let me close by saying that I envy— lived, and to wish him the very best of 1971, all calculations for retirement just a little bit—all of the free time he luck throughout his own retirement. benefits were done by hand—a long, te- will now have for fishing and relaxing I met Ray on my first day as State dious process for the employees. Ray with long walks on the beach with treasurer in November of 1976 at a time recognized the inefficiency of this sys- those he loves. It is my hope that he

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7899 will enjoy his own retirement as much quiet moments to contemplate what tronic voting machines. He used his po- as those whom he helped now enjoy you have so honorably protected.∑ sition on the Ways and Means Com- their own.∑ f mittee to give working Iowans a tax break by removing the sales tax from f RETIREMENT OF IOWA STATE utility bills. TRIBUTE TO STEVE THOMPSON SENATOR MICHAEL CONNOLLY He was also a leader in the legisla- ∑ Mrs. FEINSTEIN. Mr. President, I ∑ Mr. HARKIN. Mr. President, I wish ture helping to pass antibullying and wish to honor Steve Thompson, his to pay homage to Senator Michael civil rights legislation that will help stellar career with the U.S. Fish and Connolly on his retirement from the protect generations of Iowans to come. Wildlife Service, and the dedication to Iowa Senate after 30 years of distin- It would be difficult, indeed, to catalog solving our most difficult natural re- guished public service. Mike admirably all of Senator Mike Connolly’s legisla- sources problems that he has dem- represented the citizens of Dubuque, tive achievements; suffice it to say he onstrated time and again throughout IA, for 10 years in the Iowa House and has been one of the most dedicated, his career. Thompson is retiring on Au- 20 years in the Iowa Senate. He com- hard-working and productive members gust 4 after 32 years with the Service. bined a passionate love for his commu- in the history of the Iowa General As- I know Steve as the regional director nity with progressive politics and a sembly. of Region 8, formerly the California strong work ethic. Iowans, especially those in the great- and Nevada Operations Office, CNO, a When Dubuque fell on hard times er Dubuque community, will miss job he assumed in 2002. From the re- after the farm crisis of the 1980s and a Mike’s leadership. But I know he will gional headquarters in Sacramento, loss of manufacturing jobs, Mike continue to be involved in the civic life CA, he oversaw Service programs in Connolly was there to ensure that the of our State and nation. His wonderful California, Nevada, and Klamath Basin State of Iowa was a partner in the eco- wife Martha has been a true partner that administer the Endangered Spe- nomic and cultural renaissance of the with him these many years, and his ac- cies Act and Migratory Bird Treaty city. If you visit Dubuque today, you complishments are hers as well. Act and managed 51 national wildlife will find one of the most beautiful and I wish Senator Connolly a long and refuges and 3 national fish hatcheries. vibrant cities in the Midwest. That did happy retirement, with plenty of time His many honors include being cho- not happen by accident. Senator to spend with his accomplished chil- sen in 1994 as the first ‘‘Refuge Man- Connolly and other community leaders dren, Maureen and John. Thank you, ager of the Year’’ by the National Au- formed the Greater Dubuque Develop- Mike, and Godspeed.∑ dubon Society and the National Wild- ment Corporation, emphasizing the at- f life Refuge Association. Even more no- titude that everyone would have to tably, in September 2007, Thompson pull together to move the city forward. HONORING THE WINNER SCHOOL earned the Distinguished Executive As they say, the proof is in the pud- DISTRICT Award, the highest Presidential Rank ding, and I encourage you, Mr. Presi- ∑ Mr. JOHNSON. Mr. President, today Award given to career senior executive dent, and all of my Senate colleagues, I pay tribute to the Winner School Dis- service employees and the first time a to visit this jewel of a city on the trict for its exceptional support to Service employee has been so recog- Upper Mississippi. their National Guard and Reserve Em- nized. Senator Connolly is an educator by ployees. The Winner School District is I have worked now with Steve on training, and although his influence one of 15 employers selected from many issues, including the Cargill salt has been feld in most of the education across the Nation to receive top honors ponds purchase and ongoing restora- legislation of the past three decades, as a 2008 Secretary of Defense Freedom tion, efforts to restore the Klamath his interests and work have been broad Award. The Freedom Award is the River, habitat conservation planning, and diverse. highest recognition given by the De- and CALFED. For his dedication to As chairman of the Transportation partment of Defense under the auspices help find a way to purchase the Cargill Committee, Senator Connolly boosted of the Employer Support of the Guard salt ponds, Steve can feel pride at the funding to make roads and bridges and Reserve to an employer for their migratory birds that now have a place safer, and developed a new funding for- outstanding support to their National to rest in San Francisco Bay on their mula that recognized the need to en- Guard and Reserve employees. long journeys along the Pacific flyway. hance the transportation network link- The school district was nominated by For his utterly tireless work to find ing the State’s urban population cen- 2LT Derris Buus of the 155th Engineer a way to restore the Klamath River, we ters. The construction of four-lane Company, South Dakota Army Na- do not yet know what result will ensue. roads between Dubuque and Waterloo, tional Guard. Buus had glowing re- But thanks to Steve’s leadership, we Cedar Rapids and the Quad Cities, has marks for his employer, ‘‘The School perhaps have a once in a generation op- led to economic growth throughout the District has always supported me and portunity to restore the River and its northeast and east-central portion of my family during times of deployment fisheries while providing certainty to Iowa. or training. Mary Fischer and Jim farmers. Senator Connolly also spurred an ef- Drake have all made it a point to en- What I always found with Steve is fort to beautify Iowa’s roadways sure that my family had everything that he is completely dedicated to find- through promotion of the Resource En- they needed during my absence. They ing that straight and narrow path hancement and Protection—REAP— always made it very easy for me to through the bureaucracy to actually program, which included ongoing fund- pursue my career in the SDARNG as solve our biggest natural resource ing for the Integrated Roadside Vegeta- well as my career as an educator.’’ problems. tion Management Program, a partner- The Winner School District provides Others might find reasons why a so- ship between the University of North- a pay supplement for the entire length lution can’t be found or why it might ern Iowa and Iowa counties to plant of deployment for its Guard and Re- be imperfect from some idealized per- prairie grasses and flowers along the serve employees. Deployed employees spective. Steve just dedicates himself State’s thoroughfares. The program received numerous care packages from to finding that solution. pays homage to Senator Connolly’s fa- the school board and the students. He is a straight shooter. He tells you ther, who was a road laborer with a Daily e-mails were sent to deployed what he is going to do to solve a prob- sixth-grade education who worked and employees from students, teachers, lem, and then he gets the job done. saved so his children could receive a principals, and the superintendent. Re- All of us who care about California’s college education. turning servicemembers teach the natural resources will miss him. Senator Connolly also helped mod- same grade and in the same classroom Steve, I want to congratulate you on ernize Iowa’s election laws as chairman as they did prior to a deployment. your years of remarkable service to our of the State Government Committee, School board members also aid the Nation’s fish and wildlife and the peo- including passing election day voter families of deployed employees. School ple who value them. I hope you can registration legislation and requiring board members mowed lawns, took now enjoy a little fishing and a few that paper trails be included with elec- children to athletic events, and in one

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7900 CONGRESSIONAL RECORD — SENATE July 31, 2008 instance, tended to an expectant moth- Reservation. On August 20, 2008, a cele- conference, Dr. Albertson and the er throughout her pregnancy. bration will be held in Wanblee, SD, to Shinns founded Village Earth, an inter- The Winner School District is a shin- commemorate such a monumental national nongovernmental organiza- ing example of patriotism, and it sets a milestone in the history of Pine Ridge. tion that provides training to commu- golden example for all employers to It has been nearly 20 years since Con- nities and organizations in the meth- follow. I hope we all may take to heart gress adopted the Mni Wiconi Act to ods of sustainable participatory devel- the excellence and dedication of the bring clean water sources to the Pine opment. To date, Village Earth has Winner School District.∑ Ridge Reservation. Bringing the Mis- helped hundreds of people in 15 coun- f souri River to the people of Pine Ridge tries to lift themselves out of poverty. will have an enormous impact in the And perhaps most impressively, Dr. IN RECOGNITION OF BRIAN overall quality of life of tribes and resi- Albertson played a pivotal role in the BEAMAN dents in the area. I have been pleased formation of the Peace Corps. In 1960, ∑ Mr. JOHNSON. Mr. President, I wish to work on this project with tribal Dr. Albertson and his team won a con- today to recognize and congratulate leaders and residents during my tenure tract from the U.S. State Department Brian Beaman of Selby, SD. As part of in Congress. to undertake a congressional study of the 2008 U.S. Olympic team, Brian will I commend the Oglala Sioux Tribe the feasibility of creating a Point Four be travelling to Beijing to compete in Rural Water Supply System, the con- International Youth Corps. The fol- the Men’s 10M Air Pistol competition. cerned tribal officials, and residents lowing year, Dr. Albertson coauthored Brian represents Selby and the citi- who have worked tirelessly, some since New Frontiers for American Youth: zens of South Dakota in an extraor- the 1960s, to bring a clean drinking Perspective on the Peace Corps with dinary fashion. Spending 2 years at water source to the people of the Pine Pauline Birky and Andrew Rice. This South Dakota State University and Ridge Reservation. The event on Au- work was embraced by Sergeant Shriv- finishing at Jacksonville State Univer- gust 20 is an opportunity for everyone er and the Kennedy administration as sity, Brian has continued to exemplify to celebrate the hard work and com- the concept paper for creation of the the work ethic and integrity that origi- mitment involved in making this Peace Corps. Dr. Albertson continued nate in his South Dakotan roots. Brian dream a reality, while looking forward to work closely with the Kennedy ad- is currently ranked second in the to the great results that Missouri ministration in launching the Peace United States in the Men’s 10M Air Pis- River water will bring to future gen- Corps, which has benefited countless tol competition, and placed second at erations. The impacts will be positive, volunteers and residents of developing Nationals in 2007. they will be far-reaching, and they will countries worldwide. This prestigious honor is a reflection be impressive. Dr. Albertson has served as a con- of Brian’s extraordinary talent and Again, congratulations to the Oglala sultant to the World Bank, the United commitment to shooting. It is wonder- Sioux Tribe and the Oglala Sioux Tribe Nations Development Program, the ful that he is so motivated to enjoy Rural Water Supply System on this U.S. Agency for International Develop- athletic competition at such a high historic event. People have waited a ment, and many other agencies dealing level. Again, congratulations to Brian long time for this day to come, and I with development issues. He has been ∑ Beaman on fighting his way to the 2008 am glad it is finally a reality. awarded the Lifetime Achievement Olympics in Beijing, and I eagerly look f Award from the American Society of forward to following his story of suc- 90TH BIRTHDAY OF DR. MAURICE Civil Engineers, the Colorado Gov- cess throughout the games.∑ ALBERTSON ernor’s Award of Merit for Science and Technology, and an honorary Doctor of f ∑ Mr. SALAZAR. Mr. President, I wish Humane Letters from Colorado State IN RECOGNITION OF DEREK MILES today to make a statement celebrating University in 2006 in recognition of his the 90th birthday of Dr. Maurice Al- ∑ exceptional contributions to industry Mr. JOHNSON. Mr. President, I wish bertson, a Colorado citizen whose com- to recognize and congratulate Derek and developing nations. passion for his fellow human beings is From such an extensive list of Miles, assistant coach of track and evident in his every accomplishment. field at the University of South Da- achievements, it is abundantly clear Dr. Albertson has dedicated his ca- that Dr. Albertson has had an indus- kota. As part of the 2008 U.S. Olympic reer to enhancing the quality of life of team, Derek will be traveling to Bei- trious and meaningful 90 years. people all over the world. The success Dr. Albertson, I am inspired by the jing to compete in the Men’s Pole he has had in reaching this goal is not Vaulting Competition. life that you have led. Our State and just a matter of personal pride, but of our Nation are blessed to have you as a Derek leads the students at the Uni- global triumph. It is with great pleas- versity of South Dakota in an extraor- citizen. I wish you a very happy birth- ure that I wish him a happy birthday. day.∑ dinary fashion. After graduating from Dr. Albertson began his career as a f USD, Derek has continued to exemplify professor of civil engineering at Colo- and instill his work ethic and integrity rado State University in 1947. He is re- MESSAGES FROM THE PRESIDENT in those he coaches. Derek has an sponsible for the development of CSU’s Messages from the President of the amazing record in the pole vaulting large and prestigious water resources United States were communicated to community, finishing seventh at the management program and was named the Senate by Mr. Thomas, one of his 2004 Olympic games in Greece. as director of the Colorado State Uni- secretaries. It is wonderful that Derek is so moti- versity Research Foundation. f vated to enjoy athletic competition at Dr. Albertson’s accomplishments such a high level. His positive attitude outside of the university are even more EXECUTIVE MESSAGES REFERRED and strong motivation serve as a model impressive. At the request of the As in executive session the Presiding for talented young athletes throughout Southeast Asia Treaty Organization, Officer laid before the Senate messages South Dakota and the Nation to emu- he established a graduate school of en- from the President of the United late. As a fellow University of South gineering in Bangkok, Thailand. States submitting sundry nominations Dakota alum, I want to wish Derek Known today as the Asian Institute of which were referred to the appropriate congratulations and the best of luck in Technology, Dr. Albertson’s creation committees. ∑ the upcoming 2008 Olympics. still thrives. (The nominations received today are f Dr. Albertson and two colleagues, Ed printed at the end of the Senate pro- and Miriam Shinn, convened an inter- ceedings.) OSTRWSS national conference at CSU on the sub- f ∑ Mr. JOHNSON. Mr. President, today ject of sustainable village-based devel- I recognize a very important and his- opment in the developing world. The MESSAGES FROM THE HOUSE torical event in South Dakota: the Mis- conference was attended by over 350 At 4:54 p.m., a message from the souri River reaching the Pine Ridge persons from 34 nations. Following the House of Representatives, delivered by

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7901 Mrs. Cole, one of its reading clerks, an- tion security of the Department of Homeland H.R. 3957. An act to increase research, de- nounced that the House agrees to the Security, and for other purposes. velopment, education, and technology trans- report of the committee of conference H.R. 6073. An act to provide that Federal fer activities related to water use efficiency on the disagreeing votes of the two employees receiving their pay by electronic and conservation technologies and practices funds transfer shall be given the option of re- at the Environmental Protection Agency; to Houses on the amendment of the Sen- ceiving their pay stubs electronically. the Committee on Environment and Public ate to the bill (H.R. 4137) to amend and H.R. 6193. An act to require the Secretary Works. extend the Higher Education Act of of Homeland Security to develop and admin- H.R. 4806. An act to require the Secretary 1965, and for other purposes. ister policies, procedures, and programs to of Homeland Security to develop a strategy promote the implementation of the Con- to prevent the over-classification of home- At 5:13 p.m., a message from the trolled Unclassified Information Framework land security and other information and to House of Representatives, delivered by applicable to unclassified information that is promote the sharing of unclassified home- Mrs. Cole, one of its reading clerks, an- homeland security information, terrorism land security and other information, and for nounced that the House has passed the information, weapons of mass destruction in- other purposes; to the Committee on Home- formation and other information within the land Security and Governmental Affairs. following bill, in which it requests the H.R. 5170. An act to amend the Homeland concurrence of the Senate: scope of the information sharing environ- ment established under section 1016 of the Security Act of 2002 to provide for a privacy H. R. 6432. An act to amend the Federal Intelligence Reform and Terrorism Preven- official within each component of the De- Food, Drug, and Cosmetic Act to revise and tion Act of 2004 (6 U.S.C. 485), and for other partment of Homeland Security, and for extend the animal drug user fee program, to purposes. other purposes; to the Committee on Home- establish a program of fees relating to ge- H.R. 6445. An act to amend title 38, United land Security and Governmental Affairs. neric new animal drugs, to make certain States Code, to prohibit the Secretary of H.R. 5531. An act to amend the Homeland technical corrections to the Food and Drug Veterans Affairs from collecting certain co- Security Act of 2002 to clarify criteria for Administration Amendments Act of 2007, and payments from veterans who are catastroph- certification relating to Advanced for other purposes. ically disabled, and for other purposes. Spectroscopic Portal monitors, and for other H.R. 6456. An act to provide for extensions purposes; to the Committee on Homeland Se- At 6:17 p.m., a message from the of certain authorities of the Department of curity and Governmental Affairs. H.R. 5892. An act to amend title 38, United House of Representatives, delivered by State, and for other purposes. States Code, to direct the Secretary of Vet- Mrs. Cole, one of its reading clerks, an- H.R. 6576. An act to require the Archivist erans Affairs to modernize the disability nounced that the House has passed the of the United States to promulgate regula- benefits claims processing system of the De- tions regarding the use of information con- following bills, in which it requests the partment of Veterans Affairs to ensure the trol designations, and for other purposes. concurrence of the Senate: accurate and timely delivery of compensa- H.R. 1108. An act to protect the public The message also announced that the tion to veterans and their families and sur- health by providing the Food and Drug Ad- House has agreed to the following con- vivors, and for other purposes; to the Com- ministration with certain authority to regu- current resolutions, in which it re- mittee on Veterans’ Affairs. late tobacco products. quests the concurrence of the Senate: H.R. 5983. An act to amend the Homeland H.R. 2339. An act to encourage research, de- Security Act of 2002 to enhance the informa- H. Con. Res. 296. Concurrent resolution ex- velopment, and demonstration of tech- tion security of the Department of Homeland nologies to facilitate the utilization of water pressing support for the designation of Au- Security, and for other purposes; to the Com- produced in connection with the develop- gust 2008 as ‘‘National Heat Stroke Aware- mittee on Homeland Security and Govern- ment of domestic energy resources, and for ness Month’’ to raise awareness and encour- mental Affairs. other purposes. age prevention of heat stroke. H.R. 6073. An act to provide that Federal H.R. 2851. An act to amend the Employee H. Con. Res. 358. Concurrent resolution employees receiving their pay by electronic Retirement Income Security Act of 1974, the commending the members of the Nevada funds transfer shall be given the option of re- Public Health Service Act, and the Internal Army and Air National Guard and the Ne- ceiving their pay stubs electronically; to the Revenue Code of 1986 to ensure that depend- vada Reserve members of the Armed Forces Committee on Homeland Security and Gov- ent students who take a medically necessary for their dedicated, unselfish, and profes- ernmental Affairs. leave of absence do not lose health insurance sional service, commitment, and sacrifices H.R. 6193. An act to require the Secretary coverage, and for other purposes. to the State of Nevada and the United States of Homeland Security to develop and admin- H.R. 3815. An act to amend the Homeland during more than five years of deployments ister policies, procedures, and programs to Security Act of 2002 to require the Secretary to and in support of Operation Iraqi Freedom promote the implementation of the Con- of Homeland Security to make full and effi- and Operation Enduring Freedom. trolled Unclassified Information Framework cient use of open source information to de- H. Con. Res. 361. Concurrent resolution applicable to unclassified information that is velop and disseminate open source homeland commemorating Irena Sendler, a woman homeland security information, terrorism security information products, and for other whose bravery saved the lives of thousands information, weapons of mass destruction in- purposes. during the Holocaust and remembering her formation and other information within the H.R. 3957. An act to increase research, de- legacy of courage, selflessness, and hope. scope of the information sharing environ- velopment, education, and technology trans- f ment established under section 1016 of the fer activities related to water use efficiency Intelligence Reform and Terrorism Preven- and conservation technologies and practices MEASURES REFERRED tion Act of 2004 (6 U.S.C. 485), and for other at the Environmental Protection Agency. The following bills were read the first purposes; to the Committee on Homeland Se- H.R. 4806. An act to require the Secretary and the second times by unanimous curity and Governmental Affairs. H.R. 6445. An act to amend title 38, United of Homeland Security to develop a strategy consent, and referred as indicated: to prevent the over-classification of home- States Code, to prohibit the Secretary of land security and other information and to H.R. 2339. An act to encourage research, de- Veterans Affairs from collecting certain co- promote the sharing of unclassified home- velopment, and demonstration of tech- payments from veterans who are catastroph- land security and other information, and for nologies to facilitate the utilization of water ically disabled, and for other purposes; to the other purposes. produced in connection with the develop- Committee on Veterans’ Affairs. H.R. 5170. An act to amend the Homeland ment of domestic energy resources, and for H.R. 6576. An act to require the Archivist Security Act of 2002 to provide for a privacy other purposes; to the Committee on Energy of the United States to promulgate regula- official within each component of the De- and Natural Resources. tions regarding the use of information con- partment of Homeland Security, and for H.R. 2851. An act to amend the Employee trol designations, and for other purposes; to other purposes. Retirement Income Security Act of 1974, the the Committee on Homeland Security and H.R. 5531. An act to amend the Homeland Public Health Service Act, and the Internal Governmental Affairs. Security Act of 2002 to clarify criteria for Revenue Code of 1986 to ensure that depend- The following concurrent resolution certification relating to Advanced ent students who take a medically necessary was read, and referred as indicated: Spectroscopic Portal monitors, and for other leave of absence do not lose health insurance coverage, and for other purposes; to the H. Con. Res. 361. Concurrent resolution purposes. commemorating Irena Sendler, a woman H.R. 5892. An act to amend title 38, United Committee on Health, Education, Labor, and whose bravery saved the lives of thousands States Code, to direct the Secretary of Vet- Pensions. during the Holocaust and remembering her erans Affairs to modernize the disability H.R. 3815. An act to amend the Homeland legacy of courage, selflessness, and hope; to benefits claims processing system of the De- Security Act of 2002 to require the Secretary the Committee on the Judiciary. partment of Veterans Affairs to ensure the of Homeland Security to make full and effi- accurate and timely delivery of compensa- cient use of open source information to de- f tion to veterans and their families and sur- velop and disseminate open source homeland MEASURES READ THE FIRST TIME vivors, and for other purposes. security information products, and for other H.R. 5983. An act to amend the Homeland purposes; to the Committee on Homeland Se- The following bill was read the first Security Act of 2002 to enhance the informa- curity and Governmental Affairs. time:

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7902 CONGRESSIONAL RECORD — SENATE July 31, 2008 S. 3406. A bill to restore the intent and pro- (RIN0648–XJ17) received on July 30, 2008; to the Committee on Health, Education, Labor, tections of the Americans with Disabilities the Committee on Commerce, Science, and and Pensions. Act of 1990. Transportation. EC–7340. A communication from the Assist- EC–7331. A communication from the Acting ant Secretary for Administration and Man- f Director of the Office of Sustainable Fish- agement, Department of Labor, transmit- EXECUTIVE AND OTHER eries, National Marine Fisheries Service, De- ting, pursuant to law, the report of a nomi- COMMUNICATIONS partment of Commerce, transmitting, pursu- nation in the position of Assistant Secretary ant to law, the report of a rule entitled for Employment and Training received on The following communications were ‘‘Fisheries of the Exclusive Economic Zone July 30, 2008; to the Committee on Health, laid before the Senate, together with Off Alaska; Pelagic Shelf Rockfish in the Education, Labor, and Pensions. accompanying papers, reports, and doc- West Yakutat District of the Gulf of Alaska’’ EC–7341. A communication from the Direc- uments, and were referred as indicated: (RIN0648-XJ16) received on July 30, 2008; to tor, Office of Management, Department of EC–7322. A communication from the Assist- the Committee on Commerce, Science, and Energy, transmitting, pursuant to law, a re- ant Inspector General for Communications Transportation. port entitled ‘‘Federal Activities Inventory and Congressional Liaison, Office of Inspec- EC–7332. A communication from the Acting Reform Act of 1998’’; to the Committee on tor General, Department of Defense, trans- Director of the Office of Sustainable Fish- Homeland Security and Governmental Af- mitting, pursuant to law, the report of a va- eries, National Marine Fisheries Service, De- fairs. cancy and designation of acting officer in the partment of Commerce, transmitting, pursu- EC–7342. A communication from the Assist- position of Inspector General, Department of ant to law, the report of a rule entitled ant Inspector General, Communications and Defense received on July 30, 2008; to the ‘‘Fisheries of the Exclusive Economic Zone Congressional Liaison, Department of De- Committee on Armed Services. Off Alaska; Pacific Ocean Perch in the West- fense, transmitting, pursuant to law, a re- EC–7323. A communication from the Assist- ern Regulatory Area of the Gulf of Alaska’’ port entitled ‘‘Federal Activities Inventory ant to the Secretary and White House Liai- (RIN0648-XJ19) received on July 30, 2008; to Reform Act of 1998’’; to the Committee on son, Department of Housing and Urban De- the Committee on Commerce, Science, and Homeland Security and Governmental Af- velopment, transmitting, pursuant to law, Transportation. fairs. EC–7333. A communication from the Attor- EC–7343. A communication from the Chair- the report of an action on a nomination in ney, Office of Assistant General Counsel for man, U.S. Merit Systems Protection Board, the position of President, Government Na- Legislation and Regulatory Law, Office of transmitting, pursuant to law, a report enti- tional Mortgage Association received on Energy Efficiency and Renewable Energy, tled, ‘‘Federal Appointment Authorities, July 30, 2008; to the Committee on Banking, Department of Energy, transmitting, pursu- Cutting through the Confusion’’; to the Com- Housing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘En- mittee on Homeland Security and Govern- EC–7324. A communication from the Assist- ergy Conservation Program for Consumer mental Affairs. ant to the Secretary and White House Liai- Products: Energy Conservation Standards EC–7344. A communication from the Chair- son, Department of Housing and Urban De- for Residential Furnaces and Boilers’’ man, Council of the District of Columbia, velopment, transmitting, pursuant to law, (RIN1904-AA78) received on July 30, 2008; to transmitting, pursuant to law, a report on the report of an action on a nomination in the Committee on Energy and Natural Re- D.C. Act 17-441 , ‘‘Priority Employment for the position of Assistant Secretary for Con- sources. Economically Disadvantaged Youth in the gressional and Intergovernmental Relations EC–7334. A communication from the Pro- Youth Employment Program Amendment received on July 30, 2008; to the Committee gram Manager, Administration for Children Act of 2008’’ received on July 30, 2008; to the on Banking, Housing, and Urban Affairs. and Families, Department of Health and Committee on Homeland Security and Gov- EC–7325. A communication from the Assist- Human Services, transmitting, pursuant to ernmental Affairs. ant to the Secretary and White House Liai- law, the report of a rule entitled ‘‘Medicare EC–7345. A communication from the Chair- son, Department of Housing and Urban De- and State Health Care Programs; Fraud and man, Council of the District of Columbia, velopment, transmitting, pursuant to law, Abuse; Issuance of Advisory Opinions by the transmitting, pursuant to law, a report on the report of the discontinuation of service Office of Inspector General’’ (42 CFR part D.C. Act 17-442 , ‘‘Marriage Amendment Act in an acting role in the position of President, 1008) received on July 30, 2008; to the Com- of 2008’’ received on July 30, 2008; to the Com- Government National Mortgage Association mittee on Finance. mittee on Homeland Security and Govern- received on July 30, 2008; to the Committee EC–7335. A communication from the Sec- mental Affairs. on Banking, Housing, and Urban Affairs. retary of Transportation, transmitting, pur- EC–7346. A communication from the Chair- EC–7326. A communication from the Assist- suant to law, a report entitled ‘‘A New man, Council of the District of Columbia, ant to the Secretary and White House Liai- Transportation Approach for America’’; to transmitting, pursuant to law, a report on son, Department of Housing and Urban De- the Committee on Environment and Public D.C. Act 17-443 , ‘‘Access to Youth Employ- velopment, transmitting, pursuant to law, Works. ment Programs Amendment Act of 2008’’ re- the report of an action on a nomination in EC–7336. A communication from the Ad- ceived on July 30, 2008; to the Committee on the position of Assistant Secretary for Com- ministrator, Environmental Protection Homeland Security and Governmental Af- munity Planning and Development received Agency, transmitting, pursuant to law, a re- fairs. on July 30, 2008; to the Committee on Bank- port entitled ‘‘Fiscal Year 2007 Superfund EC–7347. A communication from the Chair- ing, Housing, and Urban Affairs. Five-Year Review Report to Congress’’; to man, Council of the District of Columbia, EC–7327. A communication from the Assist- the Committee on Environment and Public transmitting, pursuant to law, a report on ant Secretary, Department of Housing and Works. D.C. Act 17-444, ‘‘Metropolitan Police Depart- Urban Development, transmitting, pursuant EC–7337. A communication from the Dep- ment Retirement Options Amendment Act of to law, a report entitled, ‘‘The 2007 Annual uty Director for Operations, Pension Benefit 2008’’ received on July 30, 2008; to the Com- Homeless Assessment Report (AHAR)’’; to Guaranty Corporation, transmitting, pursu- mittee on Homeland Security and Govern- the Committee on Banking, Housing, and ant to law, the report of a rule entitled mental Affairs. Urban Affairs. ‘‘Rules for Administrative Review of Agency EC–7348. A communication from the Chair- EC–7328. A communication from the Acting Decisions’’ (RIN1212-AB15) received on July man, Council of the District of Columbia, Assistant Secretary, Office of Legislative Af- 30, 2008; to the Committee on Health, Edu- transmitting, pursuant to law, a report on fairs, Department of State, transmitting, cation, Labor, and Pensions. D.C. Act 17-445 , ‘‘Closing of a Public Alley in pursuant to law, a report entitled, ‘‘Periodic EC–7338. A communication from the Dep- Square 127, S.O. 07-1209, Act of 2008’’ received Report to Congress on the National Emer- uty Director for Operations, Pension Benefit on July 30, 2008; to the Committee on Home- gency Regarding Proliferation of Weapons of Guaranty Corporation, transmitting, pursu- land Security and Governmental Affairs. Mass Destruction’’; to the Committee on ant to law, the report of a rule entitled EC–7349. A communication from the Chair- Banking, Housing, and Urban Affairs. ‘‘Benefits Payable in Terminated Single-Em- man, Council of the District of Columbia, EC–7329. A communication from the Sec- ployer Plans; Allocation of Assets in Single- transmitting, pursuant to law, a report on retary, Department of the Treasury, trans- Employer Plans; Interest Assumptions for D.C. Act 17-446 , ‘‘Closing of Public Alleys in mitting, pursuant to law, a report entitled, Valuing and Paying Benefits’’ (29 CFR parts Squares 564, 566, and 568, S.O. 07-122, Act of ‘‘Periodic Report on the National Emergency 4022 and 4044) received on July 30, 2008; to the 2008’’ received on July 30, 2008; to the Com- with respect to Coˆ te d’Ivoire’’; to the Com- Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- mittee on Banking, Housing, and Urban Af- Pensions. mental Affairs. fairs. EC–7339. A communication from the Direc- EC–7350. A communication from the Chair- EC–7330. A communication from the Acting tor, Regulations Policy and Management man, Council of the District of Columbia, Director of the Office of Sustainable Fish- Staff, Food and Drug Administration, De- transmitting, pursuant to law, a report on eries, National Marine Fisheries Service, De- partment of Health and Human Services, D.C. Act 17-447, ‘‘Downtown BID Amendment partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the report of Act of 2008’’ received on July 30, 2008; to the ant to law, the report of a rule entitled a rule entitled ‘‘New Animal Drugs; Committee on Homeland Security and Gov- ‘‘Fisheries of the Exclusive Economic Zone Cephalosporin Drugs; Extralabel Animal ernmental Affairs. Off Alaska; Pacific Ocean Perch in the West Drug Use; Order of Prohibition’’ (Docket No. EC–7351. A communication from the Chair- Yakutat District of the Gulf of Alaska’’ FDA–2008–N–0326) received on July 30, 2008; to man, Council of the District of Columbia,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7903 transmitting, pursuant to law, a report on Air Force nomination of Maj. Gen. Larry Army nominations beginning with D.C. Act 17-448 , ‘‘New Convention Center D. James, to be Lieutenant General. Kimberlee A. Aiello and ending with D060789, Hotel Technical Amendments Temporary Air Force nominations beginning with which nominations were received by the Sen- Amendment Act of 2008’’ received on July 30, Brigadier General William S. Busby III and ate and appeared in the Congressional 2008; to the Committee on Homeland Secu- ending with Colonel Delilah R. Works, which Record on July 22, 2008. rity and Governmental Affairs. nominations were received by the Senate and Army nomination of Deborah J. McDonald, EC–7352. A communication from the Chair- appeared in the Congressional Record on to be Colonel. man, Council of the District of Columbia, July 23, 2008. Army nomination of Lemuel H. Clement, transmitting, pursuant to law, a report on Air Force nomination of Brig. Gen. Law- to be Colonel. D.C. Act 17-449 , ‘‘Adams Morgan Taxicab rence A. Stutzriem, to be Major General. Army nomination of Marco E. Harris, to be Zone Enforcement Temporary Amendment Army nomination of Col. James R. Ander- Colonel. Act of 2008’’ received on July 30, 2008; to the son, to be Brigadier General. Army nominations beginning with Robert Committee on Homeland Security and Gov- Army nominations beginning with Briga- J. Howell, Jr. and ending with Stanley R. ernmental Affairs. dier General Lie-Ping Chang and ending with Jones, Jr., which nominations were received EC–7353. A communication from the Chair- Colonel Eugene R. Woolridge III, which by the Senate and appeared in the Congres- man, Council of the District of Columbia, nominations were received by the Senate and sional Record on July 24, 2008. transmitting, pursuant to law, a report on appeared in the Congressional Record on Army nomination of Francis B. Magurn II, D.C. Act 17-450 , ‘‘Spam Deterrence Act of July 22, 2008. to be Colonel. 2008’’ received on July 30, 2008; to the Com- Army nominations beginning with Colonel Army nomination of Joseph W. Brown, to mittee on Homeland Security and Govern- Heidi V. Brown and ending with Colonel be Major. mental Affairs. Mark W. Yenter, which nominations were re- Army nomination of Victor Ursua, to be ceived by the Senate and appeared in the Major. f Congressional Record on July 15, 2008. Army nomination of Yvonne M. Beale, to PETITIONS AND MEMORIALS Marine Corps nomination of Lt. Gen. John be Major. Army nomination of Gerald P. Johnson, to The following petition or memorial M. Paxton, Jr., to be Lieutenant General. Navy nominations beginning with Capt. be Lieutenant Colonel. was laid before the Senate and was re- Christopher J. Paul and ending with Capt. Army nominations beginning with Mauel ferred or ordered to lie on the table as Michael J. Yurina, which nominations were Laborde and ending with Anthony Wojcik, indicated: received by the Senate and appeared in the which nominations were received by the Sen- ate and appeared in the Congressional POM–435. A message from the National As- Congressional Record on March 3, 2008. Record on July 24, 2008. sembly of Kuwait to the President pro tem- (minus 1 nominee: Capt. George W. Ballance) Army nominations beginning with George pore of the Senate expressing congratula- Navy nomination of Captain Terry B. J. Jicha and ending with William H. tions on the occasion of the National Day of Kraft, to be Rear Admiral (Lower Half). Smithson, which nominations were received the United States of America; to the Com- Navy nomination of Rear Adm. Bruce W. by the Senate and appeared in the Congres- mittee on Foreign Relations. Clingan, to be Vice Admiral. Navy nomination of Vice Adm. James A. sional Record on July 24, 2008. f Winnefeld, Jr., to be Vice Admiral. Army nominations beginning with Chris- REPORTS OF COMMITTEES topher M. Hartley and ending with Lajohnne Mr. LEVIN. Mr. President, for the A. White, which nominations were received The following reports of committees Committee on Armed Services I report by the Senate and appeared in the Congres- were submitted: favorably the following nomination sional Record on July 24, 2008. By Mr. DORGAN, from the Committee on lists which were printed in the Army nominations beginning with Samuel Indian Affairs, without amendment: RECORDS on the dates indicated, and M. Ruben and ending with George D. Horn, S. 1193. A bill to direct the Secretary of the ask unanimous consent, to save the ex- which nominations were received by the Sen- Interior to take into trust 2 parcels of Fed- pense of reprinting on the Executive ate and appeared in the Congressional eral land for the benefit of certain Indian Record on July 24, 2008. Calendar that these nominations lie at Navy nominations beginning with Timothy Pueblos in the State of New Mexico (Rept. the Secretary’s desk for the informa- No. 110–434). J. Mccullough and ending with Jae Woo By Mr. DORGAN, from the Committee on tion of Senators. Chung, which nominations were received by Indian Affairs, with an amendment in the The PRESIDING OFFICER. Without the Senate and appeared in the Congres- nature of a substitute: objection, it is so ordered. sional Record on July 22, 2008. H.J. Res. 62. A joint resolution to honor Air Force nominations beginning with Navy nominations beginning with Phillip the achievements and contributions of Na- Christian L. Biscotti and ending with Barry J. Bachand and ending with Gilbert L. Wil- tive Americans to the United States, and for K. Wells, which nominations were received liams, which nominations were received by other purposes (Rept. No. 110–435). by the Senate and appeared in the Congres- the Senate and appeared in the Congres- By Mr. LEAHY, from the Committee on sional Record on March 11, 2008. sional Record on July 22, 2008. Navy nomination of Eric D. Seeland, to be the Judiciary, without amendment and with Air Force nominations beginning with Captain. a preamble: Timothy M. French and ending with Navy nominations beginning with William S. Res. 620. A resolution designating the Rachelle M. Nowlin, which nominations were L. Hendrickson and ending with Orlando week of September 14–20, 2008, as National received by the Senate and appeared in the Gallardo, Jr., which nominations were re- Polycystic Kidney Disease Awareness Week, Congressional Record on July 23, 2008. ceived by the Senate and appeared in the to raise public awareness and understanding Air Force nomination of Jeffrey T. Butler, Congressional Record on July 24, 2008. of polycystic kidney disease, and to foster to be Colonel. understanding of the impact polycystic kid- Army nominations beginning with Robert *Nomination was reported with rec- ney disease has on patients and future gen- S. Dempster and ending with Fred A. Karnik, ommendation that it be confirmed sub- erations of their families. which nominations were received by the Sen- ject to the nominee’s commitment to S. Res. 622. A resolution designating the ate and appeared in the Congressional respond to requests to appear and tes- week beginning September 7, 2008, as ‘‘Na- Record on July 22, 2008. tify before any duly constituted com- tional Historically Black Colleges and Uni- Army nominations beginning with Thomas G. Norbie and ending with David K. mittee of the Senate. versities Week’’. (Nominations without an asterisk S. Res. 624. A resolution designating Au- Rhinehart, which nominations were received gust 2008 as ‘‘National Truancy Prevention by the Senate and appeared in the Congres- were reported with the recommenda- Month’’. sional Record on July 22, 2008. tion that they be confirmed.) Army nominations beginning with Anne M. f f Andrews and ending with Kim N. Thomsen, EXECUTIVE REPORTS OF which nominations were received by the Sen- INTRODUCTION OF BILLS AND COMMITTEES ate and appeared in the Congressional JOINT RESOLUTIONS Record on July 22, 2008. The following executive reports of The following bills and joint resolu- Army nominations beginning with David tions were introduced, read the first nominations were submitted: E. Bentzel and ending with Shannon M. Wal- By Mr. LEVIN for the Committee on lace, which nominations were received by and second times by unanimous con- Armed Services. the Senate and appeared in the Congres- sent, and referred as indicated: *Air Force nomination of Gen. Norton A. sional Record on July 22, 2008. By Mr. BIDEN (for himself, Mr. LUGAR, Schwartz, to be General. Army nominations beginning with Carlos Mr. LAUTENBERG, Mr. WARNER, Mr. *Air Force nomination of Gen. Duncan J. C. Amaya and ending with Selina G. Wil- LEAHY, Mr. LEVIN, and Mr. McNabb, to be General. liams, which nominations were received by VOINOVICH): Air Force nomination of Lt. Gen. William the Senate and appeared in the Congres- S. 3370. A bill to resolve pending claims L. Shelton, to be Lieutenant General. sional Record on July 22, 2008. against Libya by United States nationals,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7904 CONGRESSIONAL RECORD — SENATE July 31, 2008 and for other purposes; considered and By Mrs. FEINSTEIN: City, Nevada, and for other purposes; to the passed. S. 3382. A bill for the relief of Guy Privat Committee on Energy and Natural Re- By Ms. SNOWE (for herself and Mr. Tape and Lou Nazie Raymonde Toto; to the sources. CONRAD): Committee on the Judiciary. By Mr. SUNUNU (for himself and Mr. S. 3371. A bill to amend the Internal Rev- By Mr. CARDIN (for himself, Mrs. GREGG): enue Code of 1986 to simplify the deduction CLINTON, Ms. MIKULSKI, and Mr. S. 3394. A bill to prevent the undermining for use of a portion of a residence as a home SCHUMER): of the judgments of courts of the United office by providing an optional standard S. 3383. A bill to establish the Harriet Tub- States by foreign courts, and for other pur- home office deduction; to the Committee on man National Historical Park in Auburn, poses; to the Committee on Finance. Finance. New York, and the Harriet Tubman Under- By Mr. INHOFE: By Mr. MENENDEZ: ground Railroad National Historical Park in S. 3395. A bill to provide for marginal well S. 3372. A bill to promote savings by pro- Caroline, Dorchester, and Talbot Counties, production preservation and enhancement; viding a match for eligible taxpayers who Maryland, and for other purposes; to the to the Committee on Finance. contribute to savings products and to facili- Committee on Energy and Natural Re- By Mr. KOHL (for himself, Mr. DURBIN, tate taxpayers receiving this match and open sources. Mr. KENNEDY, and Mr. CASEY): a bank account when they file their Federal By Mr. CARPER (for himself, Ms. COL- S. 3396. A bill to amend the Public Health income tax returns; to the Committee on Fi- LINS, Mr. LIEBERMAN, Mr. COLEMAN, Service Act to provide grants or contracts nance. and Mrs. MCCASKILL): for prescription drug education and outreach By Mrs. MURRAY (for herself and Ms. S. 3384. A bill to amend section 11317 of for healthcare providers and their parents; to CANTWELL): title 40, United States Code, to require great- the Committee on Health, Education, Labor, S. 3373. A bill to reauthorize and expand er accountability for cost overruns on Fed- and Pensions. the Northwest Straits Marine Conservation eral IT investment projects; to the Com- By Ms. LANDRIEU: Initiative Act to promote the protection of mittee on Homeland Security and Govern- S. 3397. A bill to amend the Omnibus Crime the resources of the Northwest Straits, and mental Affairs. Control and Safe Streets Act of 1968 to pro- for other purposes; to the Committee on By Mr. DURBIN (for himself, Mr. vide adequate benefits for public safety offi- Commerce, Science, and Transportation. GREGG, Mr. DODD, Mr. BURR, Mr. cers injured or killed in the line of duty, and By Mr. SMITH (for himself and Mr. HARKIN, and Mr. ALEXANDER): for other purposes; to the Committee on Fi- nance. WYDEN): S. 3385. A bill to amend the Federal Food, S. 3374. A bill to establish a commission on Drug, and Cosmetic Act with respect to the By Mr. REID (for Mr. KENNEDY (for veterans and members of the Armed Forces safety of the food supply; to the Committee himself, Mr. LEAHY, Mr. DODD, Mr. with post traumatic stress disorder, trau- on Health, Education, Labor, and Pensions. HARKIN, Ms. MIKULSKI, Mr. BINGA- matic brain injury, or other mental health By Mr. BOND (for himself, Mr. HATCH, MAN, Mrs. MURRAY, Mr. REED, Mrs. disorders, to enhance the capacity of mental Mr. CHAMBLISS, Mr. WARNER, and Mr. CLINTON, Mr. OBAMA, Mr. SANDERS, health providers to assist such veterans and BURR): Mr. BROWN, and Mr. WHITEHOUSE)): S. 3398. A bill to amend the Federal Food, members, and for other purposes; to the S. 3386. A bill to prohibit the use of certain Drug, and Cosmetic Act with respect to li- Committee on Veterans’ Affairs. interrogation techniques and for other pur- poses; to the Select Committee on Intel- ability under State and local requirements By Mr. WYDEN (for himself, Ms. COL- ligence . respecting devices; to the Committee on LINS, and Mr. DODD): Health, Education, Labor, and Pensions. S. 3375. A bill to prohibit the introduction By Mr. HATCH (for himself and Mr. ODD): By Mrs. LINCOLN (for herself, Mr. or delivery for introduction into interstate D S. 3387. A bill to amend the Public Health SMITH, Ms. CANTWELL, Mr. CORNYN, commerce of novelty lighters, and for other Service Act with respect to pain care; to the Mrs. MURRAY, Mrs. DOLE, Ms. purposes; to the Committee on Commerce, Committee on Health, Education, Labor, and LANDRIEU, Mr. CHAMBLISS, Mr. WICK- Science, and Transportation. Pensions. ER, and Mr. VITTER): By Mr. SALAZAR: By Mr. BARRASSO: S. 3399. A bill to amend the Internal Rev- S. 3376. A bill to amend title 38, United S. 3388. A bill to amend title 38, United enue Code of 1986 to make permanent the re- States Code, to authorize the Secretary of States Code, to authorize the assignment of duction in the rate of tax on qualified timber Veterans Affairs to provide assistance to the pre-stabilization disability ratings to certain gain of corporations, and for other purposes; Paralympic Program of the United States veterans for purposes of the payment of dis- to the Committee on Finance. Olympic Committee, and for other purposes; ability compensation, and for other pur- By Mr. ALEXANDER: to the Committee on Veterans’ Affairs. poses; to the Committee on Veterans’ Af- S. 3400. A bill to amend title 38, United By Mr. COLEMAN (for himself, Ms. fairs. States Code, to improve the educational as- COLLINS, and Mr. LIEBERMAN): By Mr. SCHUMER (for himself and Ms. sistance available under post-9/11 veterans S. 3377. A bill to amend title 46, United CANTWELL): educational assistance, and for other pur- States Code, to waive the biometric trans- S. 3389. A bill to require, for the benefit of poses; to the Committee on Veterans’ Af- portation security card requirement for cer- shareholders, the disclosure of payments to fairs. tain small business merchant mariners, and foreign governments for the extraction of By Mr. GRAHAM (for himself and Mr. for other purposes; to the Committee on natural resources, to allow such shareholders LIEBERMAN): Commerce, Science, and Transportation. more appropriately to determine associated S. 3401. A bill to provide for habeas corpus By Mr. VITTER: risks; to the Committee on Banking, Hous- review for terror suspects held at Guanta- S. 3378. A bill to require all public school ing, and Urban Affairs. namo Bay, Cuba, and for other purposes; to employees and those employed in connection By Mr. DURBIN: the Committee on the Judiciary. with a public school to receive FBI back- S. 3390. A bill to amend the National Voter By Mr. SALAZAR: ground checks prior to being hired, and for Registration Act of 1993 to provide for the S. 3402. A bill to provide information and other purposes; to the Committee on Health, treatment of institutions of higher education education to consumers concerning health Education, Labor, and Pensions. as voter registration agencies; to the Com- care services and health insurance coverage; By Mr. KERRY (for himself, Ms. MUR- mittee on Rules and Administration. to the Committee on Health, Education, KOWSKI, and Mr. DURBIN): By Mrs. FEINSTEIN (for herself and Labor, and Pensions. S. 3379. A bill to provide grants to establish Mr. BENNETT): By Ms. CANTWELL: veteran’s treatment courts; to the Com- S. 3391. A bill to make technical correc- S. 3403. A bill to amend title 49, United mittee on the Judiciary. tions to the laws affecting certain adminis- States Code, to require determination of the By Mr. REID (for Mrs. CLINTON): trative authorities of the United States Cap- maximum feasible fuel economy level S. 3380. A bill to promote increased public itol Police, and for other purposes; to the achievable for cars and light trucks for a transportation use, to promote increased use Committee on Rules and Administration. year based on a projected fuel gasoline price of alternative fuels in providing public trans- By Ms. KLOBUCHAR (for herself, Mr. that is not less than the applicable high gas- portation, and for other purposes; to the THUNE, Mr. LEAHY, Mrs. MCCASKILL, oline price projection issued by the Energy Committee on Banking, Housing, and Urban and Mr. VOINOVICH): Information Administration; to the Com- Affairs. S. 3392. A bill to amend Homeland Security mittee on Commerce, Science, and Transpor- By Mr. DOMENICI (for himself and Mr. Act of 2002 to establish an appeal and redress tation. BINGAMAN): process for passengers wrongly delayed or By Mr. TESTER: S. 3381. A bill to authorize the Secretary of prohibited from boarding a flight, or denied S. 3404. A bill to amend the Beef Research the Interior, acting through the Commis- a right, benefit, or privilege, and for other and Information Act to allow the promotion sioner of Reclamation, to develop water in- purposes; to the Committee on Commerce, of beef that is born and raised exclusively in frastructure in the Rio Grande Basin, and to Science, and Transportation. the United States, allow the establishment approve the settlement of the water rights By Mr. REID (for himself and Mr. EN- of an importers qualified beef council to pro- claims of the Pueblos of Nambe, Pojoaque, SIGN): mote nondomestic beef, and to establish new San Ildefonso, Tesuque, and Taos; to the S. 3393. A bill to promote conservation and referendum requirements; to the Committee Committee on Indian Affairs. provide for sensible development in Carson on Agriculture, Nutrition, and Forestry.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7905

By Mr. FEINGOLD (for himself and Mr. Mr. BROWN, Ms. MIKULSKI, Mr. CASEY, By Mr. CARDIN (for himself and Mrs. WHITEHOUSE): Mrs. BOXER, Mr. DURBIN, and Mr. CLINTON): S. 3405. A bill to prohibit secret modifica- INOUYE): S. Res. 640. A resolution expressing the tions and revocations of the law, and for S. 3413. A bill to achieve access to com- sense of the Senate that there should be an other purposes; to the Committee on Home- prehensive primary health care services for increased Federal commitment to public land Security and Governmental Affairs. all Americans and to improve primary care health and the prevention of diseases and in- By Mr. HARKIN (for himself, Mr. delivery through an expansion of the com- juries for all people in the United States; to HATCH, Mr. KENNEDY, Mr. ENZI, Mr. munity health center and National Health the Committee on Health, Education, Labor, SPECTER, Mr. OBAMA, Mr. MCCAIN, Service Corps programs; to the Committee and Pensions. Mr. DODD, Mr. GREGG, Mrs. CLINTON, on Health, Education, Labor, and Pensions. By Mr. BROWNBACK (for himself, Mr. Mr. ALEXANDER, Mr. JOHNSON, Mr. By Mr. MENENDEZ (for himself, Mrs. DEMINT, Mr. HATCH, Mr. INHOFE, Mr. ROBERTS, Mr. KERRY, Mr. COLEMAN, MURRAY, Mr. KENNEDY, and Ms. MARTINEZ, Mr. ROBERTS, and Mr. Mr. FEINGOLD, Ms. SNOWE, Mr. CANTWELL): MCCONNELL): LEAHY, Mr. BURR, Mr. BROWN, Mr. S. 3414. A bill to recapture family-spon- S. Res. 641. A resolution congratulating the SMITH, Mr. DURBIN, Ms. MURKOWSKI, sored and employment-based immigrant Focus on the Family radio program for its Mr. LAUTENBERG, Mr. WARNER, Mr. visas lost to bureaucratic delays and to pre- induction into the National Radio Hall of SANDERS, Mr. BROWNBACK, Mr. REED, vent losses of family-sponsored and employ- Fame. Mr. MARTINEZ, Ms. MIKULSKI, Mr. ment-based immigrant visas in the future, By Mr. REID (for himself and Mr. ISAKSON, Mr. CASEY, Mr. CRAIG, Mrs. and for other purposes; to the Committee on MCCONNELL): MURRAY, Mr. BENNETT, Ms. the Judiciary. S. Res. 642. A resolution to authorize the LANDRIEU, Ms. COLLINS, Mr. BIDEN, By Mr. BAUCUS (for himself and Mr. production of records by the Permanent Sub- Mr. ALLARD, Mr. NELSON of Florida, TESTER): committee on Investigations of the Com- Mr. SUNUNU, Mr. CARDIN, Mr. THUNE, S. 3415. A bill to authorize the construction mittee on Homeland Security and Govern- Mr. LEVIN, Mr. BARRASSO, Mrs. of the Dry-Redwater Regional Water Author- mental Affairs; considered and agreed to. ity System in the State of Montana and a MCCASKILL, Mr. CRAPO, Mr. SCHUMER, f Mr. STEVENS, Mr. SALAZAR, Mr. portion of McKenzie Country, North Dakota, VOINOVICH, Mr. TESTER, Mr. COCHRAN, and for other purposes; to the Committee on ADDITIONAL COSPONSORS Mr. REID, Mr. LUGAR, and Mr. Energy and Natural Resources. S. 24 CHAMBLISS): By Mr. LAUTENBERG (for himself and S. 3406. A bill to restore the intent and pro- Mr. INHOFE): At the request of Ms. KLOBUCHAR, her tections of the Americans with Disabilities S. 3416. A bill to amend section 40122(a) of name was added as a cosponsor of S. 24, Act of 1990; read the first time. title 49, United States Code, to improve the a bill to amend the Safe Drinking By Mr. BURR (for himself, Mr. WICKER, dispute resolution process at the Federal Water Act to require a health advisory Mr. ALEXANDER, and Mr. INHOFE): Aviation Administration, and for other pur- and monitoring of drinking water for S. 3407. A bill to amend title 10, United poses; to the Committee on Commerce, perchlorate. States Code, to authorize commanders of Science, and Transportation. wounded warrior battalions to accept chari- By Mr. LEVIN: S. 150 table gifts on behalf of the wounded members S. 3417. A bill to amend part A of title IV At the request of Ms. KLOBUCHAR, her of the Armed Forces assigned to such battal- of the Social Security Act to expand edu- name was added as a cosponsor of S. ions; to the Committee on Armed Services. cational opportunities for recipients of tem- 150, a bill to amend the Safe Drinking By Mr. BAUCUS (for himself and Mr. porary assistance for needy families; to the Water Act to protect the health of CONRAD): Committee on Finance. pregnant women, fetuses, infants, and S. 3408. A bill to amend title XI of the So- f cial Security Act to provide for the conduct children by requiring a health advisory of comparative effectiveness research and to SUBMISSION OF CONCURRENT AND and drinking water standard for per- amend the Internal Revenue Code of 1986 to SENATE RESOLUTIONS chlorate. establish a Comparative Effectiveness Re- The following concurrent resolutions S. 154 search Trust Fund, and for other purposes; to and Senate resolutions were read, and At the request of Mr. BUNNING, the the Committee on Finance. name of the Senator from Kentucky By Mr. REID (for Mr. KENNEDY (for referred (or acted upon), as indicated: himself and Mr. GRASSLEY)): By Mr. LIEBERMAN (for himself, Mr. (Mr. MCCONNELL) was added as a co- S. 3409. A bill to amend the Federal Food, GRAHAM, Mr. MCCAIN, Mr. ENZI, Mr. sponsor of S. 154, a bill to promote Drug, and Cosmetic Act to ensure the safety MARTINEZ, Mr. BOND, Mr. WICKER, coal-to-liquid fuel activities. and quality of medical products and enhance Mr. CORNYN, Mr. CRAPO, Mr. ALLARD, S. 155 the authorities of the Food and Drug Admin- Mr. THUNE, Mr. BARRASSO, and Mr. At the request of Mr. BUNNING, the istration, and for other purposes; to the INHOFE): Committee on Health, Education, Labor, and S. Res. 636. A resolution recognizing the name of the Senator from Kentucky Pensions. strategic success of the troop surge in Iraq (Mr. MCCONNELL) was added as a co- By Mr. AKAKA (for himself, Mr. SCHU- and expressing gratitude to the members of sponsor of S. 155, a bill to promote MER, Mr. LIEBERMAN, and Mr. the United States Armed Forces who made coal-to-liquid fuel activities. INOUYE): that success possible; to the Committee on S. 211 S. 3410. A bill to authorize a grant program Armed Services. to provide for expanded access to main- By Mr. DOMENICI (for himself and Mr. At the request of Mr. PRYOR, his stream financial institutions; to the Com- BINGAMAN): name was added as a cosponsor of S. mittee on Banking, Housing, and Urban Af- S. Res. 637. A resolution to honor the vi- 211, a bill to facilitate nationwide fairs. sionary and extraordinary work of Los Ala- availability of 2-1-1 telephone service By Ms. KLOBUCHAR (for herself and mos National Laboratory and IBM on the for information and referral on human Mr. COLEMAN): Roadrunner supercomputer; to the Com- services, volunteer services, and for S. 3411. A bill to authorize the sale of cer- mittee on Energy and Natural Resources. other purposes. tain National Forest System lands in the Su- By Ms. STABENOW (for herself, Mr. S. 642 perior National Forest in Minnesota; to the OBAMA, Ms. KLOBUCHAR, Ms. CANT- Committee on Agriculture, Nutrition, and WELL, Mrs. MCCASKILL, Ms. MIKULSKI, At the request of Mr. DURBIN, the Forestry. Mrs. MURRAY, Mrs. CLINTON, Mrs. name of the Senator from California By Mr. SANDERS (for himself, Mr. BOXER, Mr. KENNEDY, and Mrs. FEIN- (Mrs. BOXER) was added as a cosponsor OBAMA, Mrs. CLINTON, Mr. KENNEDY, STEIN): of S. 642, a bill to codify Executive Mr. BROWN, Ms. MIKULSKI, Mr. CASEY, S. Res. 638. A resolution supporting legisla- Order 12898, relating to environmental tion promoting improved health care and ac- Mrs. BOXER, Mr. DURBIN, Mr. INOUYE, justice, to require the Administrator of Mr. HARKIN, Mr. KERRY, Mr. CARDIN, cess to health care for women; to the Com- and Mr. LEAHY): mittee on Health, Education, Labor, and the Environmental Protection Agency S. 3412. A bill to achieve access to com- Pensions. to fully implement the recommenda- prehensive primary health care services for By Mr. SALAZAR (for himself and Mr. tions of the Inspector General of the all Americans and to improve primary care ALLARD): Agency and the Comptroller General of delivery through an expansion of the com- S. Res. 639. A resolution recognizing the the United States, and for other pur- munity health center and National Health benefits of transportation improvements poses. Service Corps programs; to the Committee along the United States Route 36 corridor to on Health, Education, Labor, and Pensions. communities, individuals, and businesses in S. 826 By Mr. SANDERS (for himself, Mr. Colorado; to the Committee on Environment At the request of Mr. MENENDEZ, the OBAMA, Mrs. CLINTON, Mr. KENNEDY, and Public Works. names of the Senator from Connecticut

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7906 CONGRESSIONAL RECORD — SENATE July 31, 2008 (Mr. LIEBERMAN) and the Senator from 1933, a bill to amend the Safe Drinking for research with respect to various Pennsylvania (Mr. CASEY) were added Water Act to provide grants to small forms of muscular dystrophy, including as cosponsors of S. 826, a bill to post- public drinking water systems. Becker, congenital, distal, Duchenne, humously award a Congressional gold S. 2042 Emery-Dreifuss Facioscapulohumeral, medal to Alice Paul, in recognition of At the request of Ms. STABENOW, the limb-girdle, myotonic, and her role in the women’s suffrage move- name of the Senator from Maryland oculopharyngeal muscular dystrophies. ment and in advancing equal rights for (Ms. MIKULSKI) was added as a cospon- S. 2641 women. sor of S. 2042, a bill to authorize the At the request of Mr. GRASSLEY, the S. 976 Secretary of Health and Human Serv- names of the Senator from New Jersey At the request of Mr. MENENDEZ, his ices to conduct activities to rapidly ad- (Mr. LAUTENBERG) and the Senator name was added as a cosponsor of S. vance treatments for spinal muscular from Oregon (Mr. WYDEN) were added 976, a bill to secure the promise of per- atrophy, neuromuscular disease, and as cosponsors of S. 2641, a bill to amend sonalized medicine for all Americans other pediatric diseases, and for other title XVIII and XIX of the Social Secu- by expanding and accelerating purposes. rity Act to improve the transparency genomics research and initiatives to S. 2092 of information on skilled nursing fa- improve the accuracy of disease diag- At the request of Mr. DURBIN, the cilities and nursing facilities and to nosis, increase the safety of drugs, and name of the Senator from Massachu- clarify and improve the targeting of identify novel treatments. setts (Mr. KERRY) was added as a co- the enforcement of requirements with S. 1084 sponsor of S. 2092, a bill to amend title respect to such facilities. At the request of Ms. STABENOW, her 11, United States Code, to improve pro- S. 2668 name was added as a cosponsor of S. tections for employees and retirees in At the request of Mr. KERRY, the 1084, a bill to provide housing assist- business bankruptcies. names of the Senator from Louisiana ANDRIEU ance for very low-income veterans. S. 2102 (Ms. L ) and the Senator from S. 1090 Minnesota (Mr. COLEMAN) were added At the request of Mr. BINGAMAN, the At the request of Ms. STABENOW, the names of the Senator from California as cosponsors of S. 2668, a bill to amend the Internal Revenue Code of 1986 to re- name of the Senator from New Jersey (Mrs. BOXER) and the Senator from move cell phones from listed property (Mr. LAUTENBERG) was added as a co- Pennsylvania (Mr. CASEY) were added sponsor of S. 1090, a bill to amend the as cosponsors of S. 2102, a bill to amend under section 280F. Agriculture and Consumer Protection title II of the Social Security Act to S. 2669 Act of 1973 to assist the neediest of sen- phase out the 24-month waiting period At the request of Ms. SNOWE, the ior citizens by modifying the eligibility for disabled individuals to become eli- name of the Senator from Georgia (Mr. criteria for supplemental foods pro- gible for Medicare benefits, to elimi- CHAMBLISS) was added as a cosponsor of vided under the commodity supple- nate the waiting period for individuals S. 2669, a bill to provide for the imple- mental food program to take into ac- with life-threatening conditions, and mentation of a Green Chemistry Re- count the extraordinarily high out-of- for other purposes. search and Development Program, and pocket medical expenses that senior for other purposes. S. 2270 citizens pay, and for other purposes. S. 2705 At the request of Ms. STABENOW, the S. 1343 At the request of Mr. DURBIN, the name of the Senator from New Jersey At the request of Mrs. CLINTON, the name of the Senator from New Jersey (Mr. LAUTENBERG) was added as a co- name of the Senator from New Jersey (Mr. LAUTENBERG) was added as a co- sponsor of S. 2270, a bill to include (Mr. LAUTENBERG) was added as a co- sponsor of S. 2705, a bill to authorize health centers in the list of entities eli- sponsor of S. 1343, a bill to amend the programs to increase the number of gible for mortgage insurance under the Public Health Service Act with respect nurses within the Armed Forces National Housing Act. to prevention and treatment of diabe- through assistance for service as nurse tes, and for other purposes. S. 2314 faculty or education as nurses, and for ALAZAR S. 1376 At the request of Mr. S , the other purposes. name of the Senator from Nebraska At the request of Mr. BINGAMAN, the S. 2794 (Mr. NELSON) was added as a cosponsor name of the Senator from Massachu- At the request of Mr. KOHL, the name of S. 2314, a bill to amend the Internal setts (Mr. KERRY) was added as a co- of the Senator from Arkansas (Mrs. Revenue Code of 1986 to make geo- sponsor of S. 1376, a bill to amend the LINCOLN) was added as a cosponsor of S. Public Health Service Act to revise and thermal heat pump systems eligible for 2794, a bill to protect older Americans expand the drug discount program the energy credit and the residential from misleading and fraudulent mar- under section 340B of such Act to im- energy efficient property credit, and keting practices, with the goal of in- prove the provision of discounts on for other purposes. creasing retirement security. drug purchases for certain safety net S. 2347 S. 2817 providers. At the request of Mr. FEINGOLD, his At the request of Mr. SALAZAR, the S. 1638 name was added as a cosponsor of S. name of the Senator from Michigan At the request of Mr. LEAHY, the 2347, a bill to restore and protect access (Ms. STABENOW) was added as a cospon- name of the Senator from North Caro- to discount drug prices for university- sor of S. 2817, a bill to establish the Na- lina (Mrs. DOLE) was added as a cospon- based and safety-net clinics. tional Park Centennial Fund, and for sor of S. 1638, a bill to adjust the sala- S. 2510 other purposes. ries of Federal justices and judges, and At the request of Ms. LANDRIEU, the S. 2851 for other purposes. names of the Senator from Utah (Mr. At the request of Mr. BUNNING, the S. 1911 BENNETT) and the Senator from Ohio names of the Senator from Colorado At the request of Ms. KLOBUCHAR, her (Mr. VOINOVICH) were added as cospon- (Mr. ALLARD), the Senator from Geor- name was added as a cosponsor of S. sors of S. 2510, a bill to amend the Pub- gia (Mr. ISAKSON) and the Senator from 1911, a bill to amend the Safe Drinking lic Health Service Act to provide re- Michigan (Ms. STABENOW) were added Water Act to protect the health of sus- vised standards for quality assurance as cosponsors of S. 2851, a bill to amend ceptible populations, including preg- in screening and evaluation of the Internal Revenue Code of 1986 to nant women, infants, and children, by gynecologic cytology preparations, and modify the penalty on the understate- requiring a health advisory, drinking for other purposes. ment of taxpayer’s liability by tax re- water standard, and reference con- S. 2618 turn preparers. centration for trichloroethylene vapor At the request of Ms. KLOBUCHAR, the S. 2858 intrusion, and for other purposes. name of the Senator from South Da- At the request of Ms. MIKULSKI, the S. 1933 kota (Mr. THUNE) was added as a co- name of the Senator from New Jersey At the request of Ms. KLOBUCHAR, her sponsor of S. 2618, a bill to amend the (Mr. LAUTENBERG) was added as a co- name was added as a cosponsor of S. Public Health Service Act to provide sponsor of S. 2858, a bill to establish

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7907 the Social Work Reinvestment Com- (Mr. KOHL) and the Senator from New GRASSLEY) was added as a cosponsor of mission to provide independent counsel York (Mr. SCHUMER) were added as co- S. 3303, a bill to require automobile to Congress and the Secretary of sponsors of S. 3080, a bill to ensure par- manufacturers to ensure that not less Health and Human Services on policy ity between the temporary duty im- than 80 percent of the automobiles issues associated with recruitment, re- posed on ethanol and tax credits pro- manufactured or sold in the United tention, research, and reinvestment in vided on ethanol. States by each manufacturer to oper- the profession of social work, and for S. 3109 ate on fuel mixtures containing 85 per- other purposes. At the request of Ms. KLOBUCHAR, her cent ethanol, 85 percent methanol, or S. 2883 name was added as a cosponsor of S. biodiesel. At the request of Mr. ROCKEFELLER, 3109, a bill to amend the Solid Waste S. 3308 the name of the Senator from Mis- Disposal Act to direct the Adminis- At the request of Mrs. FEINSTEIN, the sissippi (Mr. COCHRAN) was added as a trator of the Environmental Protection names of the Senator from Illinois (Mr. cosponsor of S. 2883, a bill to require Agency to establish a hazardous waste DURBIN) and the Senator from Rhode the Secretary of the Treasury to mint electronic manifest system. Island (Mr. REED) were added as co- coins in commemoration of the centen- S. 3155 sponsors of S. 3308, a bill to require the nial of the establishment of Mother’s At the request of Mr. LEAHY, the Secretary of Veterans Affairs to permit Day. name of the Senator from Oregon (Mr. facilities of the Department of Vet- erans Affairs to be designated as voter S. 2885 SMITH) was added as a cosponsor of S. 3155, a bill to reauthorize and improve registration agencies, and for other At the request of Ms. SNOWE, the purposes. name of the Senator from Arkansas the Juvenile Justice and Delinquency S. 3323 (Mrs. LINCOLN) was added as a cospon- Prevention Act of 1974, and for other At the request of Mr. GREGG, the sor of S. 2885, a bill to amend the Inter- purposes. name of the Senator from Maine (Ms. nal Revenue Code of 1986 to expand the S. 3160 COLLINS) was added as a cosponsor of S. availability of industrial development At the request of Mr. INOUYE, the 3323, a bill to provide weatherization bonds to facilities manufacturing in- name of the Senator from Rhode Island (Mr. REED) was added as a cosponsor of and home heating assistance to low in- tangible property. come households, and to provide a S. 2919 S. 3160, a bill to reauthorize and amend the National Sea Grant College Pro- heating oil tax credit for middle in- At the request of Mr. STEVENS, the gram Act, and for other purposes. come households. name of the Senator from Minnesota S. 3337 S. 3164 (Ms. KLOBUCHAR) was added as a co- At the request of Mr. ROBERTS, the sponsor of S. 2919, a bill to promote the At the request of Mr. MARTINEZ, the name of the Senator from Mississippi names of the Senator from Indiana accurate transmission of network traf- (Mr. LUGAR) and the Senator from (Mr. COCHRAN) was added as a cospon- fic identification information. Idaho (Mr. CRAPO) were added as co- sor of S. 3164, a bill to amend tile XVIII S. 2932 sponsors of S. 3337, a bill to require the of the Social Security Act to reduce At the request of Mrs. MURRAY, the Secretary of Agriculture to carry out fraud under the Medicare program. name of the Senator from New Jersey conservation reserve program notice S. 3166 (Mr. LAUTENBERG) was added as a co- CRP–598, entitled the ‘‘Voluntary At the request of Mr. SESSIONS, the sponsor of S. 2932, a bill to amend the Modification of Conservation Reserve name of the Senator from Maryland Public Health Service Act to reauthor- Program (CRP) Contract for Critical (Mr. CARDIN) was added as a cosponsor ize the poison center national toll-free Feed Use’’. of S. 3166, a bill to amend the Immigra- number, national media campaign, and S. 3338 tion and Nationality Act to impose grant program to provide assistance for At the request of Ms. KLOBUCHAR, the criminal penalties on individuals who poison prevention, sustain the funding name of the Senator from Minnesota assist aliens who have engaged in geno- of poison centers, and enhance the pub- (Mr. COLEMAN) was added as a cospon- cide, torture, or extrajudicial killings lic health of people of the United sor of S. 3338, a bill to amend title 23, to enter the United States. States. United States Code, to improve the S. 3167 S. 2950 safety of Federal-aid highway bridges, At the request of Mr. BURR, the name to strengthen bridge inspection stand- At the request of Mr. MENENDEZ, the of the Senator from Virginia (Mr. names of the Senator from New Jersey ards and processes, to increase invest- WEBB) was added as a cosponsor of S. (Mr. LAUTENBERG) and the Senator ment in the reconstruction of struc- 3167, a bill to amend title 38, United turally deficient bridges on the Na- from Vermont (Mr. SANDERS) were States Code, to clarify the conditions added as cosponsors of S. 2950, a bill to tional Highway System, and for other under which veterans, their surviving purposes. increase housing, awareness, and navi- spouses, and their children may be gation demonstration services S. 3353 treated as adjudicated mentally incom- At the request of Mr. CASEY, the (HANDS) for individuals with autism petent for certain purposes. spectrum disorders. name of the Senator from Montana S. 3200 (Mr. TESTER) was added as a cosponsor S. 3067 At the request of Mr. KERRY, the of S. 3353, a bill to provide temporary At the request of Ms. COLLINS, the name of the Senator from Oregon (Mr. financial relief for rural school dis- name of the Senator from Maryland SMITH) was added as a cosponsor of S. tricts adversely impacted by the cur- (Ms. MIKULSKI) was added as a cospon- 3200, a bill to develop capacity and in- rent energy crisis, and for other pur- sor of S. 3067, a bill to amend the Pub- frastructure for mentoring programs. poses. lic Health Service Act to reauthorize S. 3246 S. 3362 the Dental Health Improvement Act. At the request of Mr. CARDIN, the At the request of Mr. KERRY, the S. 3073 names of the Senator from Vermont names of the Senator from Connecticut At the request of Mr. CORNYN, the (Mr. LEAHY) and the Senator from (Mr. LIEBERMAN), the Senator from name of the Senator from Tennessee Washington (Ms. CANTWELL) were Louisiana (Ms. LANDRIEU), the Senator (Mr. CORKER) was added as a cosponsor added as cosponsors of S. 3246, a bill to from Indiana (Mr. BAYH), the Senator of S. 3073, a bill to amend the Uni- amend the Internal Revenue Code of from Maryland (Mr. CARDIN) and the formed and Overseas Citizens Absentee 1986 to allow the Secretary of the Senator from Minnesota (Mr. COLEMAN) Voting Act to improve procedures for Treasury to set the standard mileage were added as cosponsors of S. 3362, a the collection and delivery of absentee rate for use of a passenger automobile bill to reauthorize and improve the ballots of absent overseas uniformed for purposes of the charitable contribu- SBIR and STTR programs, and for services voters, and for other purposes. tions deduction. other purposes. S. 3080 S. 3303 S. CON. RES. 87 At the request of Mrs. FEINSTEIN, the At the request of Mr. BROWNBACK, the At the request of Mr. CASEY, his names of the Senator from Wisconsin name of the Senator from Iowa (Mr. name was added as a cosponsor of S.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7908 CONGRESSIONAL RECORD — SENATE July 31, 2008 Con. Res. 87, a concurrent resolution step toward making our tax laws easier posal would also require the IRS to congratulating the Republic of Latvia to understand. I thank Senator Conrad separately state the amounts allocated on the 90th anniversary of its declara- for joining me to introduce this crit- to several types of expenses in order to tion of independence. ical bill. reduce the burden on the taxpayer. It S. RES. 551 As Ranking Member of the Senate is vital that the IRS clearly identify At the request of Mr. THUNE, his Committee on Small Business and En- the amounts of the deduction devoted name was added as a cosponsor of S. trepreneurship, I continually hear from to real estate taxes, mortgage interest, Res. 551, a resolution celebrating 75 small enterprises across Maine and this and depreciation so that taxpayers do years of successful State-based alcohol nation about the necessity of tax relief not duplicate them on Schedule A. Fi- regulation. and reform. Despite the fact that small nally, the bill makes two changes de- signed to ease the administration of At the request of Mr. BARRASSO, the firms are our economy’s real job cre- name of the Senator from Kentucky ators, the current tax system places an the deduction: First, to reflect an econ- omy in which many business owners (Mr. BUNNING) was added as a cosponsor entirely unreasonable burden on them conduct business or consult with cus- of S. Res. 551, supra. as they struggle to satisfy their tax ob- tomers through the Internet or over S. RES. 627 ligations. Notably, according to the Office of the phone versus face-to-face, our leg- At the request of Mr. NELSON of Flor- Management and Budget’s Office of In- islation takes these entrepreneurs into ida, the names of the Senator from Or- formation and Regulatory Affairs, the account by allowing the home office egon (Mr. SMITH), the Senator from American public spends approximately deduction to be taken if the taxpayer New York (Mrs. CLINTON) and the Sen- 9 billion hours each year to complete uses the home to meet or deal with cli- ator from Indiana (Mr. BAYH) were government-mandated forms and pa- ents regardless of whether the clients added as cosponsors of S. Res. 627, a perwork. A staggering 80 percent of are physically present. Second, our bill resolution welcoming home Keith this time is consumed by completing would allow for de minimis use of busi- Stansell, Thomas Howes, and Marc tax forms. What’s even more troubling ness space for personal activities so Gonsalves, three citizens of the United is that companies that employ fewer that taxpayers would not lose their States who were held hostage for over than 20 employees spend nearly $1,304 ability to claim the deduction if they five years by the Revolutionary Armed per employee in tax compliance costs, make a personal call or pay a bill on- Forces of Colombia (FARC) after their an amount that is nearly 67 percent line. plane crashed on February 13, 2003. I would be remiss not to note that more than larger firms. the bill we are introducing today is the S. RES. 630 Turning to the legislation I am offer- result of the dedicated efforts of var- At the request of Mr. SANDERS, his ing today, the Internal Revenue Code ious groups and organizations, which name was added as a cosponsor of S. presently offers qualified individuals a have worked with Senator Conrad and Res. 630, a resolution recognizing the home office tax deduction if they use a importance of connecting foster youth me on a consensus approach to improve portion of their home as a principal the current law home office tax deduc- to the workforce through internship place of business or as a space to meet programs, and encouraging employers tion. In particular, it is significant to with their patients or clients. That note that the IRS Taxpayer Advocate to increase employment of former fos- said, although recent research from the ter youth. Service strongly backs this bill. In SBA indicates that roughly 53 percent fact, the National Taxpayer Advocate, S. RES. 632 of America’s small businesses are Nina E. Olson, sent my office the fol- At the request of Mr. FEINGOLD, the home-based, few of these firms take ad- lowing statement regarding our legisla- name of the Senator from Illinois (Mr. vantage of the home office tax deduc- tion: ‘‘In my 2007 Annual Report to DURBIN) was added as a cosponsor of S. tion. The reason is simple: reporting Congress, I made a similar proposal to Res. 632, a resolution calling on the the deduction is complicated. simplify the home office business de- Governments of the People’s Republic A 2006 survey conducted by the Na- duction. I am pleased that Senator of China and the international commu- tional Federation of Independent Busi- Snowe and Conrad’s proposed bill re- nity to use the upcoming Olympic ness, NFIB, Research Foundation found flects the gist of my legislative rec- Games as an opportunity to push for that approximately 33 percent of small- ommendation. Reducing the burden- the parties to the conflicts in Sudan, employer taxpayers try to comprehend some substantiation requirements for Chad, and the Central African Republic the tax rules governing the home office employees and self-employed taxpayers to cease hostilities and revive efforts tax deduction, but only about half of who incur modest home office costs toward a peaceful resolution of their those respondents believe that they ac- would make the home office business national and regional conflicts. tually have a good understanding of deduction simpler and more accessible f the rules. As Dewey Martin, a Certified to them.’’ Public Accountant from my home My office also received an endorse- STATEMENTS ON INTRODUCED State of Maine, so aptly said in recent BILLS AND JOINT RESOLUTIONS ment of the bill from the National Fed- testimony before the Senate Finance eration of Independent Business. Dan By Ms. SNOWE (for herself and Committee, ‘‘Many small business own- Danner, the organization’s Executive Mr. CONRAD): ers avoid the deduction because of the Director, said the following: ‘‘Cur- S. 3371. A bill to amend the Internal complications and the fear of a poten- rently only a small percentage of Revenue Code of 1986 to simplify the tial audit.’’ home-based businesses in the U.S. take deduction for use of a portion of a resi- With a morass of paperwork attrib- advantage of the home-office deduction dence as a home office by providing an utable to the home office deduction, because calculating the deduction is optional standard home office deduc- the time-consuming process of navi- unnecessarily complicated. NFIB small tion; to the Committee on Finance. gating the tangled web of rules and business owners have advocated for a Ms. SNOWE. Mr. President, today I regulations makes it unsurprising that simpler, standard home-office deduc- rise to introduce legislation to offer a so many small business owners forego tion for years. The Snowe-Conrad legis- drastically simplified alternative for the home office deduction. So to en- lation gives home-based businesses the home-based businesses to benefit from courage the use of the home office tax option to deduct a legitimate business the home office tax deduction. The U.S. deduction, the bill we are introducing expense with minimum hassle. This Small Business Administration’s, today would establish an optional, commonsense change to the tax code SBA’s, Office of Advocacy designated easy-to-use incentive. will reduce tax complexity and help reforming the home office tax deduc- Turning to specifics, our bill would many home-based businesses take ad- tion as one of its top ten Regulatory direct the Secretary of the Treasury to vantage of this deduction.’’ Addition- Review and Reform initiatives for 2008. establish a method for determining a ally, the SBA’s Office of Advocacy By establishing an optional home of- deduction that consists of multiplying added: ‘‘The SBA Office of Advocacy re- fice deduction, the Home Office Tax an applicable standard rate by the viewed the legislation and supports it.’’ Deduction Simplification and Improve- square footage of the type of property In closing, according to the SBA’s Of- ment Act of 2008 would take a strong being used as a home office. The pro- fice of Advocacy, America’s home-

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7909 based sole proprietors generate $102 bil- apply with respect to such dwelling unit for west Straits region of Puget Sound in lion in revenue annually. With this in each succeeding taxable year. Washington State in order to achieve mind, it is absolutely critical to endow ‘‘(ii) ONE-TIME ELECTION PER DWELLING ecosystem health and sustainable re- these small firms with as much relief UNIT.—A taxpayer who elects the application source use. of this paragraph in a taxable year with re- from burdensome tax constraints as spect to any dwelling unit may revoke such The Northwest Straits region makes possible so that they can focus their ef- application in a subsequent taxable year. up 60 percent of the Puget Sound’s forts on developing the products and After so revoking, the taxpayer may not shoreline and includes the marine wa- services of the future, as well as cre- elect the application of this paragraph with ters, nearshore areas, and shorelines of ating new jobs. The confusion over the respect to such dwelling unit in any subse- the Strait of Juan de Fuca and of home office business tax deduction, in quent taxable year. Puget Sound from the Canadian border my estimation, can be easily solved by ‘‘(D) DENIAL OF DOUBLE BENEFIT.— to the southern end of Snohomish passing this legislation. I urge all Sen- ‘‘(i) IN GENERAL.—Except as provided in County. This region represents a clause (ii), in the case of a taxpayer who ators to consider the benefits this bill elects the application of this paragraph for unique resource of enormous environ- will provide to thousands of small busi- the taxable year, no other deduction or cred- mental and economic value to the peo- ness owners, and I look forward to it shall be allowed under this subtitle for ple of the United States and, in par- working with my colleagues to enact it such taxable year for any amount attrib- ticular, of the region surrounding the in a timely manner. utable to the portion of a dwelling unit Northwest Straits. However, in the last Mr. President, I ask unanimous con- taken into account under this paragraph. several decades, habitat health, water sent that the text of the bill be printed ‘‘(ii) EXCEPTION FOR DISASTER LOSSES.—A quality, and populations of commer- taxpayer who elects the application of this in the RECORD. cially and culturally valuable species There being no objection, the text of paragraph in any taxable year may take into account any disaster loss described in sec- found in the Northwest Straits have the bill was ordered to be printed in tion 165(i) as a loss under section 165 for the sharply declined. During the 20th cen- the RECORD, as follows: applicable taxable year, in addition to the tury, extensive development, a legacy S. 3371 standard home office deduction under this of lost or abandoned fishing gear, land Be it enacted by the Senate and House of Rep- paragraph for such taxable year. conversion, loss of native sea grass, resentatives of the United States of America in ‘‘(E) REGULATIONS.—The Secretary shall and invasive species have destroyed Congress assembled, prescribe such regulations as may be nec- once intact native habitats in its eco- SECTION 1. SHORT TITLE. essary to carry out the purposes of this para- system. This Act may be cited as the ‘‘Home Office graph.’’. (b) MODIFICATION OF HOME OFFICE BUSINESS In 1997, I partnered with former Con- Tax Deduction Simplification and Improve- gressman Jack Metcalf and brought op- ment Act of 2008’’. USE RULES.— (1) PLACE OF MEETING.—Subparagraph (B) posing stakeholders together to create SEC. 2. OPTIONAL STANDARD HOME OFFICE DE- DUCTION. of section 280A(c)(1) of the Internal Revenue an advisory commission to address re- (a) IN GENERAL.—Subsection (c) of section Code of 1986 is amended to read as follows: gional and local issues in the marine 280A of the Internal Revenue Code of 1986 (re- ‘‘(B) as a place of business which is used by environment. Many were skeptical of lating to exceptions for certain business or the taxpayer in meeting or dealing with pa- our efforts, but our work created an in- rental use; limitation on deductions for such tients, clients, or customers in the normal novate model for restoring and pro- course of the taxpayer’s trade or business, use) is amended by adding at the end the fol- tecting marine habitats. As a result, lowing new paragraph: or’’. (2) DE MINIMIS PERSONAL USE.—Paragraph the Northwest Straits Initiative was ‘‘(7) ELECTION OF STANDARD HOME OFFICE created to provide funding to help citi- DEDUCTION.— (1) of section 280A(c) of such Code is amended ‘‘(A) IN GENERAL.—In the case of an indi- by striking ‘‘for the convenience of his em- zens design and carry out marine con- vidual who is allowed a deduction for the use ployer’’ and inserting ‘‘for the convenience servation projects driven by local pri- of a portion of a dwelling unit as a business of such employee’s employer. A portion of a orities and informed by science and the by reason of paragraph (1), (2), or (4), not- dwelling unit shall not fail to be deemed as Initiative’s goals and benchmarks. withstanding the limitations of paragraph exclusively used for business for purposes of The Northwest Straits Initiative is (5), if such individual elects the application this paragraph solely because a de minimis amount of non-business activity may be car- composed of volunteer-based marine of this paragraph for the taxable year with resources committees in 7 counties, as respect to such dwelling unit, such indi- ried out in such portion’’. (c) REPORTING OF EXPENSES RELATING TO well as over 100 members representing vidual shall be allowed a deduction equal to HOME OFFICE DEDUCTION.—Within 60 days the standard home office deduction for the residents, tribes, businesses, fishermen, after the date of the enactment of this Act, taxable year in lieu of the deductions other- boaters, and scientists. It has logged the Secretary of the Treasury shall ensure wise allowable under this chapter for such thousands of volunteer hours and com- that all forms and schedules used to cal- taxable year by reason of paragraph (1), (2), pleted hundreds of projects, dem- culate or report itemized deductions and or (4). profits or losses from business or farming onstrating that citizen involvement in ‘‘(B) STANDARD HOME OFFICE DEDUCTION.— state separately amounts attributable to marine resource conservation and res- ‘‘(i) IN GENERAL.—For purposes of this real estate taxes, mortgage interest, and de- toration is powerful, effective, and nec- paragraph, the standard home office deduc- preciation for purposes of the deductions al- essary. And the program has accom- tion is an amount equal to the product of— lowable under paragraphs (1), (2), (4), and (7) plished a lot: thousands of derelict crab ‘‘(I) the applicable home office standard of section 280A(c) of the Internal Revenue rate, and pots and fishing nets have been re- Code of 1986. moved, miles of forage fish spawning ‘‘(II) the square footage of the portion of (d) EFFECTIVE DATE.—The amendments the dwelling unit to which paragraph (1), (2), made by this section shall apply to taxable habitat have been surveyed, hundreds or (4) applies. years beginning after December 31, 2008. of thousands of native Olympia oysters ‘‘(ii) APPLICABLE HOME OFFICE STANDARD have been planted, marine stewardship RATE.—For purposes of this subparagraph, By Mrs. MURRAY (for herself and areas have been designated, nearly the term ‘applicable home office standard Ms. CANTWELL): 1,000 tons of creosote wood has been re- rate’ means the rate applicable to the tax- S. 3373. A bill to reauthorize and ex- moved, and dozens of stewardship and payer’s category of business, as determined pand the Northwest Straits Marine and published by the Secretary for the 3 cat- public outreach programs have been egories of businesses described in paragraphs Conservation Initiative Act to promote completed. (1), (2), and (4) for the taxable year. the protection of the resources of the The authorization of the Northwest ‘‘(iii) MAXIMUM SQUARE FOOTAGE TAKEN Northwest Straits, and for other pur- Straits Marine Conservation Initiative INTO ACCOUNT.—The Secretary shall deter- poses; to the Committee on Commerce, will ensure the continuation of this mine and publish annually the maximum Science, and Transportation. successful and innovative regional ap- square footage that may be taken into ac- Mrs. MURRAY. Mr. President, I rise proach to marine resource restoration count under clause (i)(II) for each of the 3 today to introduce the Northwest and protection. categories of businesses described in para- Straits Marine Conservation Initiative graphs (1), (2), and (4) for the taxable year. Act. This bill will reauthorize the By Mr. SMITH (for himself and ‘‘(C) EFFECT OF ELECTION.— ‘‘(i) GENERAL RULE.—Except as provided in Northwest Straits Marine Conservation Mr. WYDEN): clause (ii), any election under this para- Initiative, which promotes the protec- S. 3374. A bill to establish a commis- graph, once made by the taxpayer with re- tion and restoration of the marine wa- sion on veterans and members of the spect to any dwelling unit, shall continue to ters, habitats, and species of the North- Armed Forces with post traumatic

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7910 CONGRESSIONAL RECORD — SENATE July 31, 2008 stress disorder, traumatic brain injury, homeless to get the help and support while they are in the Armed Forces, or other mental health disorders, to en- they need; but we must do more. during their time of transition back to hance the capacity of mental health As was reported at the hearing I held their communities, and as they live providers to assist such veterans and in October of 2007, Dr. Kaplan from their lives as veterans in their commu- members, and for other purposes; to Portland State University found that nities. the Committee on Veterans’ Affairs. veterans in our nation are at twice the This bill also will establish the He- Mr. SMITH. Mr. President, I rise risk of suicide as non-veterans. With roes-to-Healers Program, which we today with my colleague Senator RON the number and needs of veterans ever- have created to build on the successes WYDEN to introduce a bill that will increasing in our nation, we must en- of the Troops-to-Teachers Program. In help improve the lives of our veterans sure that our mental health infrastruc- addition to the wonderful work that who are suffering from a mental ill- ture is prepared to handle their unique the Troops-to-Teachers program does ness. The Healing Our Nation’s Heroes needs. in training former servicemembers to Act of 2008 is an important bill and I What we now refer to as post-trau- work in high-need school districts, the look forward to its passage. Senator matic stress disorder, PTSD, once was Heroes-to-Healers Program will train WYDEN has been an ally for me in the described as ‘‘soldier’s heart’’ in the former servicemembers to become a struggle to ensure veterans, particu- Civil War, ‘‘shell shock’’ in World War part of the mental health workforce. larly those who are struggling with a I, and ‘‘combat fatigue’’ in World War We know that major complaints from mental illness, get the care that they II. Whatever the name, they are serious servicemembers and veterans working need. It is an honor for me to work him mental illnesses and deserve equal at- to gain needed mental health services to ensure our Nation’s heroes are not tention and care as a physical wound. are the wait times for care that they forgotten. A system must be in place to help our experience due to lack of available Our work together on this bill began veterans as they adjust back to life staff and their desire to work with pro- last summer when I called a Special with their families and within their fessionals who understand, first-hand, Committee on Aging field hearing at communities. the difficult things that they have seen the Portland Veterans Affairs Medical So many of our veterans from pre- and type of experiences they have had Center in our home state of Oregon. At vious conflicts in Korea, Vietnam and serving overseas in combat zones. Through this program, participants that hearing, Senator WYDEN and I around the globe in World War II, need- heard the testimony of officials from ed similar programs once they returned will receive financial support to gain the training and licensing they need to the Department of Veterans Affairs, home. Yet, I fear that we did not do become a mental health professional, VA, as well as local leaders who oper- enough to help them. With proper and while ensuring there is a minimum ate programs that support our vet- early support systems in place, we can amount of time that they will then erans’ mental and physical health work to prevent the more serious and serve their fellow veterans in their new needs. I also held roundtables in my chronic mental health issues that come profession. state on the issue and a follow-up hear- from a lack of intervention. To further help recruitment and re- ing in Washington, DC in October, 2007 There is no greater obligation than tention efforts for mental health serv- to further examine the scope of the caring for those who have served this ice providers, the third part of this bill issues and barriers facing our veterans country with their military service. We will provide a new grant program to in need of care. At this hearing, we would be remiss if we did not ensure state and local mental health agencies, were fortunate to have former Senator that the health care provided to our as well as non-profit organizations to and World War II veteran Bob Dole tes- heroes in arms is the finest medicine establish, expand or enhance mental tify. Senator Dole is a decorated war has to offer. A lack of culturally sen- health provider recruitment and reten- hero who has fought for decades to en- sitive mental health professionals, an tion efforts. These efforts will be tar- sure that our servicemembers and vet- inability to reach rural areas, stigma geted at supporting mid-career profes- erans have the proper supports they related to mental illness within the sionals who are looking to work in the need. His insight and knowledge of the military, bureaucratic run-arounds and mental health profession. issues facing our veterans, both young long waiting times are just a few of the We know that we must do a better and old, were instrumental in helping problems that we hear about—both in job of helping our veterans. We can do us to draft this legislation. Without the news and directly from constitu- better at ensuring they can remain sta- the input of countless people who told ents. These are problems that must be ble in their communities, that they can us of the problems faced by their loved addressed and can only be addressed if live healthy lives and that they can ones and their own struggles with the we all work together to find solutions. prosper as persons to whom we owe a current system, we could not have As our country faces new waves of great deal of gratitude and compassion. made this bill possible. veterans with mental health illnesses, I look forward to working with my In our Nation today, we have nearly many of whose issues arise from com- colleagues to ensure its passage. I urge 24 million veterans, about 40 percent of bat stress, we must ensure that we my colleagues on both sides of the aisle whom are age 65 and older. The Vet- learn from the lessons of the past. We to support this bill. erans Health Administration serves must ensure that they are cared for, Mr. President, I ask unanimous con- about 5.5 million of them each year and and we must not leave behind those sent that the text of the bill be printed employs 247,000 employees to attend to who fought for our nation in previous in the RECORD. their care. I draw attention to these generations. There being no objection, the text of numbers to emphasize not only the This bill has three important parts the bill was ordered to be printed in scale of the system—and therefore the that will improve mental health serv- the RECORD, as follows: noted difficulties in meeting all needs ices to our veterans. First, it will es- S. 3374 at all times—but also to reiterate that tablish a commission charged with Be it enacted by the Senate and House of Rep- oversight of outreach and services of- resentatives of the United States of America in there are a large number of veterans to Congress assembled, fered to veterans and members of the whom we owe an enormous debt. SECTION 1. SHORT TITLE. Unfortunately, we are not doing well Armed Forces with post traumatic This Act may be cited as the ‘‘Healing Our enough by our veterans. We know that stress disorder and other disorders that Nation’s Heroes Act of 2008’’. nationally 23 percent of all homeless affect mental health. This commission SEC. 2. FINDINGS. persons are veterans. In Portland, Or- will be a long-term body that will en- Congress finds the following: egon, that number could be as high as sure that our veterans have the support (1) Since October 2001, approximately 30 percent. They suffer disproportion- that they need. They will report to 1,640,000 members of the Armed Forces have ately from poor health, including men- Congress, make recommendations to been deployed as part of Operation Enduring tal health and substance abuse chal- the Departments of Veterans Affairs Freedom or Operation Iraqi Freedom. (2) 300,000 members of the Armed Forces lenges. We are fortunate to have won- and Defense, and look for innovative are suffering from major depression or post derful community-based groups, such ways that the two bodies can work to- traumatic stress because of service in Oper- as the Central City Concern in Port- gether to better ensure our service- ation Enduring Freedom or Operation Iraqi land, working to help those who are members have the proper supports Freedom.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7911 (3) 320,000 of the members of the Armed (G) Veterans who have undergone treat- ‘‘4400. Purposes. Forces who served in Operation Enduring ment for post traumatic stress disorder, ‘‘4401. Definitions. Freedom or Operation Iraqi Freedom, or 19 traumatic brain injury, or other mental ‘‘4402. Authorization of Heroes-to-Healers percent of such members, have received health disorders. Program. brain injuries from such service. (2) CONSIDERATION OF RECOMMENDATIONS.— ‘‘4403. Recruitment and selection of Program (4) Only 43 percent of members of the In appointing members of the commission, participants. Armed Forces with a probable traumatic the Secretary of Veterans Affairs and the ‘‘4404. Participation agreement and financial brain injury have reported receiving a med- Secretary of Defense shall consult with non- assistance. ical evaluation for their head injury. governmental organizations that represent ‘‘4405. Participation by States. (5) Records of the Department of Veterans veterans, members of the Armed Forces, and ‘‘4406. Reporting requirements. Affairs show that 120,000 members of the families of such veterans and members. ‘‘4407. Authorization of appropriations. Armed Forces who are no longer on active (c) DUTIES.— ‘‘§ 4400. Purposes duty have been diagnosed with mental (1) IN GENERAL.—The commission shall— ‘‘The purposes of this chapter are— health problems, approximately half of (A) oversee the monitoring and treatment ‘‘(1) to encourage veterans and members of whom suffer from post traumatic stress dis- of veterans and members of the Armed the Armed Forces separating from the Forces with post traumatic stress disorder, order (PTSD). Armed Forces— traumatic brain injury, or other mental (6) In the last year, only 53 percent of those ‘‘(A) to obtain certification or licensing as health disorders caused by service in the members of the Armed Forces with post mental health care providers; and Armed Forces; and traumatic stress disorder or depression have ‘‘(B) to obtain employment with Federal, (B) conduct a thorough study of all mat- sought professional help from a mental State, and local agencies and nongovern- ters relating to the long-term adverse con- health care provider. mental organizations that provide mental sequences of such disorders for such veterans (7) Rates of post traumatic stress disorder health care to members of the Armed Forces, and members, including an analysis of— and depression are highest among members veterans, or the families of such members or of the Armed Forces who are women or mem- (i) the information gathered from re- veterans; and bers of the Reserves. screening data obtained from post deploy- ‘‘(2) to enhance the capacity of such agen- (8) Efforts to improve access to quality ment interviews; and cies and organizations to provide such care, mental health care are integral to sup- (ii) treatments that have been shown to be by increasing the number of individuals porting and treating both active duty mem- effective in the treatment of post traumatic seeking employment for the provision of bers of the Armed Forces and veterans. stress disorder, traumatic brain injury, or such care. (9) Without quality mental health care, other mental health disorders caused by members of the Armed Forces and veterans service in the Armed Forces. ‘‘§ 4401. Definitions may experience lower work productivity, (2) RECOMMENDATIONS.—The commission ‘‘In this chapter: which negatively affects their physical shall develop recommendations on the devel- ‘‘(1) The term ‘mental health care pro- health, mental health, and family and social opment of initiatives— vider’, with respect to an individual, means a relationships. (A) to mitigate the adverse consequences psychiatrist, psychologist, social worker, (10) Cultural and personal stigmas are fac- studied under paragraph (1)(B); and psychiatric nurse, mental health counselor, tors that contribute to low rates of veterans (B) to reduce cultural stigmas associated or marriage and family therapist. of Operation Enduring Freedom and Oper- with treatment of post traumatic stress dis- ‘‘(2) The term ‘Program’ means the Heroes- ation Iraqi Freedom who seek mental health order, traumatic brain injury, or other men- to-Healers Program authorized by section care from qualified mental health care pro- tal health disorders of veterans and members 4402 of this title and described in this chap- viders. of the Armed Forces. ter. (3) ANNUAL REPORTS.—Not later than Sep- (11) The capacity of mental health care ‘‘§ 4402. Authorization of Heroes-to-Healers tember 30 each year, the commission shall providers and access to such providers must Program be improved to meet the needs of members of submit to the appropriate committees of ‘‘(a) PURPOSE.—The purpose of this section the Armed Forces who are returning from Congress a report containing the following: deployment in Operation Enduring Freedom (A) A detailed statement of the findings is to authorize— or Operation Iraqi Freedom. and conclusions of the commission as a re- ‘‘(1) the Heroes-to-Healers Program; and (12) Community-based providers of mental sult of its activities under paragraph (1). ‘‘(2) a mechanism for the funding and ad- health care are invaluable assets in address- (B) The recommendations of the commis- ministration of such program. ing the needs of such members and should sion developed under paragraph (2). ‘‘(b) PROGRAM AUTHORIZED.—(1) The Sec- not be overlooked. (d) POWERS OF THE COMMISSION.— retary may carry out a program— (13) Coordination of care among govern- (1) SITE VISITS.—The commission may visit ‘‘(A) to assist eligible individuals described ment agencies as well as nongovernmental locations where veterans and members of the in section 4403 of this title in obtaining cer- agencies is integral to the successful treat- Armed Forces with post traumatic stress dis- tification or licensing (as prescribed for ment of members of the Armed Forces re- order, traumatic brain injury, or other men- under applicable State law) as mental health turning from deployment. tal health disorders caused by service in the care providers; and ‘‘(B) to facilitate the employment of such SEC. 3. COMMISSION ON VETERANS AND MEM- Armed Forces receive treatment for such dis- BERS OF THE ARMED FORCES WITH orders to carry out the oversight and moni- individuals, by Federal, State, and local POST TRAUMATIC STRESS DIS- toring required by subsection (c)(1)(A). agencies and nongovernmental organizations ORDER, TRAUMATIC BRAIN INJURY, (2) INFORMATION FROM FEDERAL AGENCIES.— that provide mental health care to members OR OTHER MENTAL HEALTH DIS- The commission may secure directly from of the Armed Forces, veterans, or the fami- ORDERS CAUSED BY SERVICE IN any Federal department or agency such in- lies of such members or veterans, to provide THE ARMED FORCES. such care. (a) ESTABLISHMENT OF COMMISSION.—There formation as the commission considers nec- essary to carry out the provisions of this ‘‘(2) The program authorized by paragraph is established a commission on veterans and (1) and described in this chapter shall be members of the Armed Forces with post Act. Upon request of the chair of the com- known as the ‘Heroes-to-Healers Program’. traumatic stress disorder (PTSD), traumatic mission, the head of such department or ‘‘(c) ADMINISTRATION OF PROGRAM.—The brain injury, or other mental health dis- agency shall furnish such information to the Secretary shall administer the Program in orders caused by service in the Armed commission. consultation with the Secretary of Defense. Forces. (e) TERMINATION.—The commission shall be ‘‘(d) INFORMATION REGARDING PROGRAM.— (b) MEMBERSHIP.— terminated at the joint discretion of the Sec- The Secretary shall provide to the Secretary (1) COMPOSITION.—The commission shall be retary of Defense and the Secretary of Vet- composed of a chair and members appointed erans Affairs. of Defense information regarding the Pro- jointly by the Secretary of Veterans Affairs (f) APPROPRIATE COMMITTEES OF CONGRESS gram and applications for participation in and the Secretary of Defense, including not DEFINED.—In this section, the term ‘‘appro- the Program, for distribution as part of less than one of each of the following: priate committees of Congress’’ means— preseparation counseling provided under sec- (A) Members of the Armed Forces on active (1) the Committee on Armed Services and tion 1142 of title 10 to members of the Armed duty. the Committee on Veterans’ Affairs of the Forces described in section 4403 of this title. (B) Veterans who are retired from the Senate; and ‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL Armed Forces. (2) the Committee on Armed Services and SERVICES.—The Secretary may, with the (C) Employees of the Department of Vet- the Committee on Veterans’ Affairs of the agreement of the Secretary of Defense, pro- erans Affairs. House of Representatives. vide placement assistance and referral serv- (D) Employees of the Department of De- SEC. 4. HEROES-TO-HEALERS PROGRAM. ices to individuals who meet the criteria de- fense. (a) IN GENERAL.—Part III of title 38, United scribed in section 4403 of this title. (E) Recognized medical or scientific au- States Code, is amended by adding at the end ‘‘§ 4403. Recruitment and selection of Pro- thorities in fields relevant to the commis- the following: gram participants sion, including psychiatry and medical care. ‘‘CHAPTER 44—HEROES-TO-HEALERS ‘‘(a) ELIGIBLE INDIVIDUALS.—The following (F) Mental health professionals who are PROGRAM individuals are eligible for selection to par- not physicians. ‘‘Sec. ticipate in the Program:

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Participation agreement and finan- mental health care to members of the Armed title 14; or cial assistance Forces, veterans, or the families of such ‘‘(B) has an approved date of retirement members or veterans. ‘‘(a) PARTICIPATION AGREEMENT.—(1) An eli- ‘‘(2) The total number of bonuses that may from service in the Armed Forces. gible individual selected to participate in the be paid under paragraph (1) in any fiscal year ‘‘(2) Any individual who— Program under section 4403 of this title and may not exceed 2,000. ‘‘(A)(i) is separated or released from active receive financial assistance under this sec- ‘‘(e) TREATMENT OF STIPEND AND BONUS.—A duty in the Armed Forces after two or more tion shall be required to enter into an agree- stipend or bonus paid under this section to a years of continuous active duty in the ment with the Secretary in which the indi- participant in the Program shall not be Armed Forces immediately before the sepa- vidual agrees— taken into account in determining the eligi- ration or release; or ‘‘(A) within such time as the Secretary bility of the participant for Federal student ‘‘(ii) has completed a total of at least— may require, to obtain certification or li- financial assistance provided under title IV ‘‘(I) three years of active duty service in censing as a mental health care provider; of the Higher Education Act of 1965 (20 U.S.C. the Armed Forces; and 1070 et seq.). ‘‘(II) three years of service computed under ‘‘(B) to accept an offer of full-time employ- ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- section 12732 of title 10; or ment as a mental health care provider for CUMSTANCES.—(1) A participant in the Pro- ‘‘(III) three years of any combination of not less than five years with a Federal, gram who is paid a stipend or bonus under such service; and State, or local agency or nongovernmental this section shall be required to repay the ‘‘(B) executes a reserve commitment agree- organization that provides mental health stipend or bonus under the following cir- ment for a period of not less than 3 years care to members of the Armed Forces, vet- cumstances: under subsection (e)(2). erans, or the families of such members or ‘‘(A) The participant fails to obtain mental ‘‘(3) Any individual who is retired or sepa- veterans. health care provider certification or licens- rated for physical disability under chapter 61 ‘‘(2) The Secretary may waive the five-year ing, to become a mental health care pro- of title 10. commitment described in paragraph (1)(B) ‘‘(b) SUBMISSION OF APPLICATIONS.—(1) Se- vider, or to obtain employment as a mental for a participant if the Secretary determines lection of eligible individuals to participate health care as required by the participation such waiver to be appropriate. If the Sec- in the Program shall be made on the basis of agreement under subsection (a). retary provides the waiver, the participant applications submitted to the Secretary ‘‘(B) The participant voluntarily leaves, or shall not be considered to be in violation of within the time periods specified in para- is terminated for cause from, employment as the agreement and shall not be required to graph (2). An application shall be in such a mental health care provider during the five provide reimbursement under subsection (f), form and contain such information as the years of required service in violation of the for failure to meet the five-year commit- Secretary may require. participation agreement. ment. ‘‘(2) An application of an individual shall ‘‘(C) The participant executed a written ‘‘(3) The Secretary shall encourage eligible be considered to be submitted on a timely agreement with the Secretary concerned individuals to seek employment with mental basis under paragraph (1) if the application is under section 4403(e)(2) of this title to serve health care providers located more than 75 submitted not later than five years after the as a member of a reserve component of the miles from a Department medical center. date on which the individual is retired, sepa- Armed Forces for a period of three years and ‘‘(b) VIOLATION OF PARTICIPATION AGREE- rated, or released from active duty in the fails to complete the required term of serv- Armed Forces, as the case may be. MENT; EXCEPTIONS.—A participant in the Program shall not be considered to be in vio- ice. ‘‘(c) SELECTION CRITERIA.—(1) The Sec- ‘‘(2) A participant required to reimburse lation of the participation agreement en- retary shall prescribe the criteria to be used the Secretary for a stipend or bonus paid to tered into under subsection (a) during any to select eligible individuals to participate the participant under this section shall pay period in which the participant— in the Program. an amount that bears the same ratio to the ‘‘(1) is pursuing a full-time course of study ‘‘(2) An individual is eligible to participate amount of the stipend or bonus as the related to the field of mental health care at in the Program only if the individual’s last unserved portion of required service bears to an institution of higher education; period of service in the Armed Forces was the five years of required service. Any ‘‘(2) is serving on active duty as a member honorable, as characterized by the Secretary amount owed by the participant shall bear of the Armed Forces; concerned. An individual selected to partici- interest at the rate equal to the highest rate ‘‘(3) is temporarily totally disabled for a pate in the Program before the retirement of being paid by the United States on the day period of time not to exceed three years as the individual or the separation or release of on which the reimbursement is determined established by sworn affidavit of a qualified the individual from active duty in the Armed to be due for securities having maturities of physician; Forces may continue to participate in the 90 days or less and such interest shall accrue ‘‘(4) is unable to secure employment for a Program after the retirement, separation, or from the day on which the participant is period not to exceed 12 months by reason of release only if the individual’s last period of first notified of the amount due. the care required by a spouse who is dis- service is characterized as honorable by the ‘‘(3) The obligation to reimburse the Sec- abled; Secretary concerned. retary under this subsection is, for all pur- ‘‘(5) is a mental health care provider who is ‘‘(d) SELECTION PRIORITIES.—In selecting poses, a debt owing the United States. A dis- seeking and unable to find full-time employ- eligible individuals to receive assistance charge in bankruptcy under title 11 shall not ment as a mental health care provider in a under the Program, the Secretary shall give release a participant from the obligation to Federal, State, or local agency or nongovern- priority to individuals who engaged in com- reimburse the Secretary under this sub- mental organization that provides mental bat while serving in the Armed Forces. section. ‘‘(e) OTHER CONDITIONS ON SELECTION.—(1) health care to members of the Armed Forces, ‘‘(4) A participant shall be excused from re- The Secretary may not select an eligible in- veterans, or the families of such members or imbursement under this subsection if the dividual to participate in the Program under veterans for a single period not to exceed 27 participant becomes permanently totally this section and receive financial assistance months; or disabled as established by sworn affidavit of under section 4404 of this title unless the ‘‘(6) satisfies the provisions of additional a qualified physician. The Secretary may Secretary has sufficient appropriations for reimbursement exceptions that may be pre- also waive the reimbursement in cases of ex- the Program available at the time of the se- scribed by the Secretary. treme hardship to the participant, as deter- lection to satisfy the obligations to be in- ‘‘(c) STIPEND FOR PARTICIPANTS.—(1) Sub- mined by the Secretary. curred by the United States under section ject to paragraph (2), the Secretary may pay ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSIST- 4404 of this title with respect to the indi- to a participant in the Program selected ANCE UNDER TITLES 10 AND 38.—The receipt vidual. under section 4403 of this title a stipend in by a participant in the Program of a stipend ‘‘(2) The Secretary may not select an eligi- an amount of not more than $5,000 per year or bonus under this section shall not reduce ble individual described in subsection of participation in the Program. or otherwise affect the entitlement of the (a)(2)(A) to participate in the Program under ‘‘(2) The total number of stipends that may participant to any benefits under chapters this section and receive financial assistance be paid under paragraph (1) in any fiscal year 30, 31, 33, or 35 of this title or chapters 1606 under section 4404 of this title unless— may not exceed 2,500. or 1607 of title 10. ‘‘(A) the Secretary notifies the Secretary ‘‘(d) BONUS FOR PARTICIPANTS.—(1) Subject concerned and the individual that the Sec- to paragraph (2), the Secretary of Education ‘‘§ 4405. Participation by States retary has reserved a full stipend or bonus may, in lieu of paying a stipend under sub- ‘‘(a) DISCHARGE OF STATE ACTIVITIES under section 4404 of this title for the indi- section (c), pay a bonus of up to $10,000 to a THROUGH CONSORTIA OF STATES.—The Sec- vidual; and participant in the Program selected under retary may permit States participating in ‘‘(B) the individual executes a written section 4403 of this title who agrees in the the Program to carry out activities author- agreement with the Secretary concerned to participation agreement under subsection (a) ized for such States under the Program serve as a member of the Selected Reserve of to become a mental health care provider and through one or more consortia of such a reserve component of the Armed Forces for to accept full-time employment as a mental States.

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‘‘(b) ASSISTANCE TO STATES.—(1) Subject to than 3 years prior to applying to an eligible (v) the manner in which activities under paragraph (2), the Secretary may make entity to become to be a mental health pro- the grant will increase the number of highly grants to States participating in the Pro- vider under this section. qualified mental health providers, in high- gram, or to consortia of such States, in order (3) MENTAL HEALTH PROVIDER.—The term need Federal, State and local agencies (in to permit such States or consortia of States ‘‘mental health provider’’ means a psychia- urban or rural areas), and in high-need men- to operate offices for purposes of recruiting trist, psychologist, social worker, psy- tal health professions, in the jurisdiction eligible individuals for participation in the chiatric nurse, mental health counselor, served by the applicant; and Program and facilitating the employment of marriage or family therapist, or any other (vi) the manner in which the applicant will participants in the Program as a mental provider determined appropriate by the Sec- collaborate, as needed, with other institu- health care provider. retary. tions, agencies, or organizations to recruit ‘‘(2) The total amount of grants made (4) SECRETARY.—The term ‘‘Secretary’’ (particularly through activities that have under paragraph (1) in any fiscal year may means the Secretary of Education. proven effective in retaining highly qualified not exceed $5,000,000. (c) GRANT PROGRAM.— mental health providers), train, place, sup- ‘‘§ 4406. Reporting requirements (1) IN GENERAL.—The Secretary may, in port, and provide mental health induction consultation with the Secretary of Defense, ‘‘(a) ANNUAL REPORT REQUIRED.—Not later programs to eligible participants under this the Secretary of Health and Human Services, than 180 days after the date of the enactment section, including providing evidence of the and the Secretary of Veterans Affairs, estab- of this chapter and annually thereafter, the commitment of the institutions, agencies, or lish a program to award grants, on a com- Secretary shall, in consultation with the organizations to the applicant’s programs. petitive basis, to eligible entities to encour- Secretary of Defense, the Secretary of Home- (5) DURATION OF GRANT.—The Secretary age State and local mental health agencies land Security, and the Comptroller General may award grants under this subsection for of the United States, submit to Congress a or other entities to establish, expand, or en- hance mental health provider recruitment periods of 5 years. At the end of the 5-year report on the effectiveness of the Program in period for such a grant, the grant recipient the recruitment and retention of qualified and retention efforts. The Secretary may es- tablish tiered grant award amounts based on may apply for an additional grant under this personnel by Federal, State, and local agen- section. cies and nongovernmental organizations that criteria including specific need for highly qualified mental health providers by profes- (6) EQUITABLE DISTRIBUTION.—To the extent provide mental health care to members of practicable, the Secretary shall ensure an the Armed Forces, veterans, or the families sion within a high demand area, geographic location, and existing compensation rates. equitable geographic distribution of grants of such members or veterans. under this subsection among the regions of ‘‘(b) ELEMENTS OF REPORT.—The report (2) ELIGIBLE ENTITIES.—To be eligible to re- the United States. submitted under subsection (a) shall include ceive a grant under this section, an entity (7) USE OF FUNDS.— information on the following: shall be— (A) IN GENERAL.—An entity shall use ‘‘(1) The number of participants in the Pro- (A) a State health agency; amounts received under a grant under this gram. (B) a high-need local health agency; subsection to develop a cadre of mental ‘‘(2) The types of positions in which the (C) a for-profit or nonprofit organization health providers in order to establish, ex- participants are employed. that has a proven record of effectively re- pand, or enhance mental health provider re- ‘‘(3) The populations served by the partici- cruiting and retaining highly qualified men- cruitment and retention programs for highly pants. tal health providers, that has entered into a qualified mid-career professionals, and re- ‘‘(4) The agencies and organizations in partnership with a high-need local health cent graduates of an institution of higher which the participants are employed as men- agency or with a State health agency; education, who are eligible participants. tal health care providers. (D) an institution of higher education that (B) AUTHORIZED ACTIVITIES.—A program ‘‘(5) The types of agencies and organiza- has entered into a partnership with a high- carried out under subparagraph (A) shall in- tions with which the participants are em- need local health agency or with a State clude 2 or more of the following activities: ployed. health agency; (i) To provide scholarships, stipends, bo- ‘‘(6) The geographic distribution of the (E) a regional consortium of State health nuses, and other financial incentives, that agencies and organizations with which par- agencies; or are linked to participation in activities that ticipants are employed. (F) a consortium of high-need local health have proven effective in retaining mental ‘‘(7) The rates of retention of the partici- agencies. (3) PRIORITY.—In awarding a grant under health providers in high-need areas operated pants by the Federal, State, and local agen- this subsection, the Secretary shall give pri- by Federal, State and local health agencies, cies and nongovernmental organizations em- ority to a partnership or consortium that in- to all eligible participants, in an amount ploying the participants. cludes a high-need State agency or local that shall not be less than $5,000, nor more ‘‘(8) Such other matters as the Secretary health agency. than $20,000, per participant. considers to be appropriate. (4) APPLICATION.— (ii) To carry out pre- and post-placement ‘‘§ 4407. Authorization of appropriations (A) IN GENERAL.—To be eligible to receive a induction or support activities that have ‘‘There are authorized to be appropriated grant under this section, an eligible entity proven effective in recruiting and retaining to the Secretary to carry out the provisions shall submit an application to the Secretary mental health providers, such as— of this chapter $10,000,000 for fiscal year 2009 at such time, in such manner, and con- (I) mentoring; and each fiscal year thereafter.’’. taining such information as the Secretary (II) providing internships; (b) CLERICAL AMENDMENTS.—The tables of may require. (III) providing high-quality, preservice chapters at the beginning of title 38, United (B) CONTENTS.—An application submitted coursework; and States Code, and at the beginning of part III under subparagraph (A) shall include a de- (IV) providing high-quality, sustained in- of such title, are each amended by inserting scription of— service professional development. after the item relating to chapter 43 the fol- (i) one or more target recruitment groups (iii) To make payments to pay the costs as- lowing new item: on which the applicant will focus its recruit- sociated with accepting mental health pro- ‘‘44. Heroes-to-Healers Program ...... 4400.’’. ment efforts under the grant; viders under this section from among eligi- SEC. 5. GRANT PROGRAM TO ENCOURAGE STATE (ii) the characteristics of each such target ble participants or to provide financial in- AND LOCAL MENTAL HEALTH AGEN- group that— centives to prospective mental health pro- CIES TO ESTABLISH, EXPAND, OR (I) demonstrate the knowledge and experi- viders who are eligible participants. ENHANCE MENTAL HEALTH PRO- VIDER RECRUITMENT AND RETEN- ence of the group’s members; and (iv) To collaborate with institutions of TION EFFORTS. (II) demonstrate that the members are eli- higher education in the development and im- (a) PURPOSES.—It is the purpose of this sec- gible to achieve the purposes of this section; plementation of programs to facilitate men- tion to establish a program to recruit and re- (iii) the manner in which the applicant will tal health provider recruitment (including tain highly qualified mid-career profes- use funds received under the grant to develop credentialing and licensing) and mental sionals and recent graduates of an institu- a cadre of mental health providers, or other health retention programs. tion of higher education, as psychiatrists, programs to recruit and retain highly quali- (v) To carry out other programs, projects, psychologists, social workers, psychiatric fied midcareer professionals, recent college and activities that are designed and have nurses, mental health counselors, or mar- graduates, and recent graduate school grad- proven to be effective in recruiting and re- riage and family therapists. uates, as highly qualified mental health pro- taining mental health providers, and that (b) DEFINITIONS.—In this section: viders, in high-need military or veterans the Secretary determines to be appropriate. (1) ELIGIBLE ENTITY.—The term ‘‘eligible communities, or as part of entities providing (vi) To develop long-term mental health entity’’ means an entity described in sub- care to military or veterans in medical fa- provider recruitment and retention strate- section (c)(2). cilities; gies, including developing— (2) ELIGIBLE PARTICIPANT.—The term ‘‘eli- (iv) the manner in which the program car- (I) a national, statewide or regionwide gible participant’’ means— ried out under the grant will comply with clearinghouse for the recruitment and place- (A) an individual with substantial, demon- relevant State laws related to mental health ment of mental health providers; strable career experience; or provider certification or licensing and facili- (II) reciprocity agreements between or (B) an individual who has graduated from tate the certification or licensing of such among States for the certification or licens- an institution of higher education not more mental health providers; ing of mental health providers; or

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It also en- and retention strategies. committees of Congress, an interim and final courages them to seek employment (C) EFFECTIVE PROGRAMS.—An entity shall report that contains the results of the in- with organizations that provide mental use amounts received under a grant under terim and final evaluations carried out under health care to members of the armed this subsection only for programs that have subparagraphs (A) and (B) of paragraph (1), proven to be effective in both recruiting and respectively. forces, veterans and their families. retaining mental health providers (as deter- (4) REVOCATION.—If the Secretary deter- One of the more heartbreaking truths mined by the Secretary). mines that the recipient of a grant under surrounding PTSD is that service (8) REQUIREMENTS.— this section has not made substantial members are often reluctant to seek (A) TARGETING.—An entity that receives a progress in meeting the goals and the objec- help from mental health professionals grant under this subsection shall ensure that tives of the grant by the end of the 3rd year who don’t share their experiences. This participants in the program carried out of the grant period, the Secretary shall— reluctance creates the sort of self-iso- under the grant who are recruited with funds (A) revoke any payments made for the 4th lation that leads to increased risk of made available under the grant are placed in year of the grant period; and high-need areas operated by high-need Fed- (B) not make any payment for the 5th year suicide. eral, State, and local health agencies. In of the grant period. By increasing the number of veterans placing such participants in mental health Mr. WYDEN. Mr. President, over the working as mental health providers, facilities, such entity shall give priority to this bill will allow more facilities that are located in— past 7 years, hundreds of thousands of members of our armed forces have gone servicemembers and veterans to get (i) rural under served areas; or treatment from those who truly under- (ii) urban areas with high percentages of to war and returned home alive, but individuals who are members of the Armed suffering. Advances in protective stand what combat is like. Forces or veterans. equipment and improvements made in Our bill would also create a grant (B) SUPPLEMENT, NOT SUPPLANT.—Amounts battlefield care mean that fewer troops program to help state and local mental made available under this section shall be than ever before suffer from obvious health agencies recruit and retain men- used to supplement, and not supplant, State physical wounds. But many more of tal health professionals. Some service and local public funds expended for mental members and veterans don’t feel com- health provider recruitment and retention these service members have returned with less obvious injuries—invisible in- fortable seeking mental health care programs. from the Department of Defense or VA. (C) PARTNERSHIPS AND CONSORTIA OF LOCAL juries like post-traumatic stress dis- HEALTH AGENCIES.—In the case of a partner- order or traumatic brain injury. But mental health agencies are already ship established by a Federal, State, or local Our armed forces have seen a surge in being stretched thin, especially in health agency to carry out a program under diagnosed cases of post-traumatic rural areas. This legislation will pro- this section, or a consortium of such agen- stress disorder and traumatic brain in- vide help in recruiting and retaining cies established to carry out such a program, jury, commonly known as PTSD and the mental health providers our the Federal, State, or local health agency or TBI. And soldiers in the National wounded heroes so desperately need. consortium shall not be eligible to receive Surviving the trauma of combat funds through a State program under this Guard and Reserves are much more section. likely to suffer from PTSD and depres- shouldn’t sentence our forces to a life- (9) PERIOD OF SERVICE.—A participant in a sion when they return from battle, a time of mental and emotional pain. program under this subsection who receives fact that is very important in Oregon They paid the price bravely for serving training through the program shall serve at where almost all of our our country in battle. This bill will a high-need medical facility or an agency op- servicemembers serve in the Guard and help them move beyond the invisible erated by a high-need Federal, State, or local Reserves. scars of the battlefield and rebuild health agency for a term of not less than 3 While no less real and no less serious their lives at home. years. than physical wounds of war, PTSD (10) REPAYMENT.—The Secretary shall es- By Mr. WYDEN (for himself, Ms. tablish such requirements as the Secretary and TBI require a specialized kind of determines to be appropriate to ensure that diagnosis and treatment. Unfortu- COLLINS, and Mr. DODD): a participant in a program under this section nately, only half of the soldiers and S. 3375. A bill to prohibit the intro- who receives a stipend or other financial in- veterans who suffer from PTSD or TBI duction or delivery for introduction centive as provided for in paragraph (7)(B)(i), are receiving care for their wounds, ac- into interstate commerce of novelty but who fails to complete their service obli- cording to a RAND Corporation study. lighters, and for other purposes; to the gation under paragraph (9), repays all or a To help our service men and women Committee on Commerce, Science, and portion of such stipend or other incentive. suffering from PTSD, TBI and other Transportation. (11) ADMINISTRATIVE FUNDS.—An entity Mr. WYDEN. Mr. President, today, I, that receives a grant under this subsection mental health conditions, we are intro- shall not use more than 5 percent of the ducing a bill today that’s designed to along with my colleagues Senator COL- funds made available under the grant for the address some of the overwhelming dif- LINS from Maine and Senator DODD administration of a program under this sub- ficulties faced by many of our nation’s from Connecticut, am introducing the section. warriors. This bill, the ‘‘Healing Our Protect Children From Dangerous (12) AUTHORIZATION OF APPROPRIATIONS.— Nation’s Heroes Act of 2008,’’ has with- Lighters Act, a ban on novelty light- There is authorized to be appropriated such in it provisions to help improve mental ers. Novelty lighters, also known as sums as may be necessary in each fiscal year health care, and access to care, for toy-like lighters, are cigarette lighters to carry out this subsection. that look like small children’s toys or (d) EVALUATION AND ACCOUNTABILITY FOR service members who suffer from the RECRUITING AND RETAINING MENTAL HEALTH invisible wounds of war. regular household items. PROVIDERS.— First, this legislation would create a These lighters are dangerous and (1) EVALUATION.—An entity that receives a standing commission to study and have terrible consequences. Because grant under this section shall— oversee mental health treatment of our they are so well disguised as toys, nov- (A) within 30 days of the end of the 3rd veterans. This commission would make elty lighters have children literally year of the grant period, conduct an interim recommendations on methods to im- playing with fire. evaluation of the program funded under the prove mental health care and, just as The results can be deadly: In Oregon, grant; and two boys were playing with a novelty (B) within 30 days of the end of the 5th importantly, overcome the cultural year of the grant period, conduct a final stigma attached to seeking help for lighter disguised as a toy dolphin and evaluation of the program funded under the mental health disorders. As an ongoing accidentally started a serious fire. One grant. body, this commission will continue to boy died and the other now has perma- (2) CONTENTS.—In conducting an evaluation help guide Congress and the agencies nent brain damage. Also in Oregon, a under paragraph (1), an entity shall describe for years, instead of just making rec- mother suffered third degree burns on the extent to which State and local agencies ommendations and disappearing. her foot when her child was playing that received funds through the grant have Secondly, the bill would create a with a novelty lighter disguised as a met the goals relating to mental health pro- ‘‘Heroes-to-Healers Program’’ which small toy Christmas tree and set a bed vider recruitment and retention described in the application submitted by the entity would provide financial incentives for on fire. under paragraph (4). veterans and members of the armed Tragic accidents like these happen (3) REPORTS.—An entity that receives a forces who are separating or retiring to all over the country. In North Caro- grant under this Act shall prepare and sub- obtain certification or licensing as lina, a boy sustained second degree

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7915 burns after playing with a novelty S. 3375 mother was buying sandwiches, six- lighter that looked like a toy cell Be it enacted by the Senate and House of Rep- year-old Shane St. Pierre picked up phone. One of the most tragic incidents resentatives of the United States of America in what appeared to be a toy flashlight in occurred in Arkansas, where a 2-year- Congress assembled, the form of a baseball bat. When he old and a 15-month-old child died in a SECTION 1. SHORT TITLE. flicked the switch, a flame shot out fire they accidentally started playing This Act may be cited as the ‘‘Protect and burned his face. Shane’s dad, Norm Children from Dangerous Lighters Act of with a novelty lighter shaped like a 2008’’. St. Pierre, a fire chief in nearby West toy motorcycle. SEC. 2. FINDINGS. Paris, began advocating for the nov- These injuries and deaths demand we Congress makes the following findings: elty-lighter ban that became Maine law take action and remove these dan- (1) Lighters are inherently dangerous prod- in March 2008. gerous lighters from shelves every- ucts containing flammable fuel. The Maine State Fire Marshal’s of- where. (2) If lighters are used incorrectly or used fice supported that legislation, and a If we don’t protect children from nov- by children, dangerous and damaging con- national ban has the support of the elty lighters, we are condemning them sequences may result. Congressional Fire Services Institute’s to play life-threatening Russian rou- (3) Novelty lighters are easily mistaken by National Advisory Committee, the Na- lette every time they pick up what children and adults as children’s toys or as common household items. tional State Fire Marshals Association, they think is a toy. (4) Novelty lighters have been the cause of and the National Volunteer Fire Coun- A ban on novelty lighters would re- many personal injuries to children and cil. quire the Consumer Product Safety adults and property damage throughout the The bill is straightforward. It treats Commission to treat novelty lighters United States. novelty lighters manufactured after as a banned hazardous substance. That SEC. 3. NOVELTY LIGHTER DEFINED. January 1, 1980, as banned hazardous means novelty lighters will not be In this Act, the term ‘‘novelty lighter’’ substances unless the Consumer Prod- manufactured, imported, sold, or given means a device typically used for the ignit- uct Safety Commission determines a away as promotional gifts anywhere in ing or lighting of cigarettes, cigars, or pipes particular lighter has antique or sig- this country. Passing this bill is the that has a toy-like appearance, has enter- taining audio or visual effects, or resembles nificant artistic value. Otherwise, sale only way we can guarantee that nov- in any way in form or function an item that of lighters with toy-like appearance, elty lighters will be kept out of the is commonly recognized as appealing, attrac- special audio or visual features, or hands of children. It’s our best tool to tive, or intended for use by children of 10 other attributes that would appeal to prevent injuries like those that have years of age or younger, including such a de- children under 10 would be banned. already brought tragedy to too many vice that takes toy-like physical forms, in- The novelty lighters targeted in this families. cluding toy animals, cartoon characters, legislation serve no functional need. A number of states and cities have cars, boats, airplanes, common household But they are liable to attract the no- taken it upon themselves to take ac- items, weapons, cell phones, batteries, food, tice and curiosity of children, whose beverages, musical instruments, and watch- tion to ban these deadly lighters. es. play can too easily turn into a scene of Maine and Tennessee passed novelty SEC. 4. BAN ON NOVELTY LIGHTERS. horror and death. The sale of lighters lighter ban legislation and similar bans (a) BANNED HAZARDOUS SUBSTANCE.—A nov- that look like animals, cartoon char- are being introduced in many other elty lighter shall be treated as a banned haz- acters, food, toys, or other objects is states, including Oregon. We should ex- ardous substance as defined in section 2 of simply irresponsible and an invitation pand and support these efforts to pro- the Federal Hazardous Substances Act (15 to tragedy. tect children in all states. U.S.C. 1261) and the prohibitions set out in I urge all of my colleagues to join me A Federal ban on novelty lighters has section 4 of such Act (15 U.S.C. 1263) shall in supporting this simple measure that widespread nationwide support. Along apply to novelty lighters. can save children from disfigurement (b) APPLICATION.—Subsection (a) applies to with the Oregon Fire Marshal, the Na- a novelty lighter— and death. tional Association of Fire Marshals (1) manufactured on or after January 1, supports a Federal ban on these light- 1980; and By Mr. COLEMAN (for himself, ers and has been active in promoting (2) that is not considered by the Consumer Ms. COLLINS, and Mr. public awareness on this issue. Even Product Safety Commission to be an antique LIEBERMAN): the cigarette lighter industry, rep- or an item with significant artistic value. S. 3377. A bill to amend title 46, resented by the Lighter Association, Ms. COLLINS. Mr. President, I rise United States Code, to waive the bio- supports a ban on novelty lighters. We to join my friend Senator WYDEN in in- metric transportation security card re- also have support from the Congres- troducing a bill that will ban the sale quirement for certain small business sional Fire Institute, Safe Kids USA, of certain novelty lighters that chil- merchant mariners, and for other pur- Consumer Federation of America and dren can mistake for toys, often with poses; to the Committee on Commerce, the Consumer’s Union. tragic consequences for themselves and Science, and Transportation. The more people learn about novelty their families. Mr. COLEMAN. Mr. President, Min- lighters, the more support there is to In Arkansas last year, two boys, ages nesota is the land of over 10,000 lakes ban them. 15 months and 2 years, died when the and nearly as many fishing guides. We I urge my colleagues to act now and toddler accidentally started a fire with even have a Fishing Hall of Fame in help kids across America avoid the a lighter shaped like a motorcycle. In Baxter where many of our legendary senseless deaths and serious injuries Oregon, a fire started with a dolphin- guides are enshrined—names like Al they suffer when they mistake novelty shaped lighter left one child dead and and Ron Lindner, Babe Winkleman, lighters for toys. another brain-damaged. A North Caro- Gary Roach and many others. In fact Hazardous tools containing flam- lina 6-year-old boy was badly burned by tonight there is a banquet honoring the mable fuel should not be dressed up in a lighter shaped like a cell phone. Hall. The craft of the fishing guide is packages that are particularly attrac- Sadly, the U.S. Fire Administration to understand fish and to share their tive to children. Kids need our help to has other stories of the hazards pre- knowledge and the sport with many of protect them from the treacherous sented by novelty lighters. When you us who don’t possess their skills. ‘‘wolf in sheep’s clothing’’ of novelty learn that one looks like a rubber duck When I travel my state I meet with lighters. toy—and quacks—you can imagine the folks from all walks of life who have I urge all my colleagues to support potential for harm. dealings with the federal government the Protect Children from Dangerous As a co-chair of the Congressional and last summer I was in the city of Lighters Act. Fire Services Caucus, I am proud to Baudette, a small community on the Mr. President, I ask unanimous con- note that this spring, my home State Rainy River on the northern border of sent that the text of the bill be printed of Maine became the first State to out- Minnesota. I had the chance to speak in the RECORD. law the sale of novelty lighters. with a fishing guide who told me about There being no objetion, the text of My State’s pioneering law stems a new federal regulation with which he the bill was ordered to be printed in from a tragic 2007 incident in a Liver- had to comply. As you can imagine, I the RECORD, as follows: more, Maine, grocery store. While his was amazed when he told me that he

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7916 CONGRESSIONAL RECORD — SENATE July 31, 2008 was being required to get a Transpor- Mr. President, I ask unanimous con- Maine by exempting them from having tation Worker Identification Creden- sent that the text of the bill be printed to obtain a Transportation Worker tial—or TWIC—in order to stay in busi- in the RECORD. Identification Credential, or TWIC, ness as a fishing guide. Now I under- There being no objection, the text of which costs $132.50 for each employee. stand that folks who do business on the the bill was ordered to be printed in Under current law, any individual water should be able to exhibit sea- the RECORD, as follows: who holds a Coast Guard license, as manship and operate a safe watercraft. S. 3377 most charter boat captains do, must But, my guides and I are having a hard Be it enacted by the Senate and House of Rep- also obtain a TWIC. The purpose of the time understanding why a guy whose resentatives of the United States of America in requirement was to ensure that port briefcase is a bucket of minnows and Congress assembled, operators and the Coast Guard could his workday starts when he backs his SECTION 1. SHORT TITLE. inspect a tamper-resistant identifica- boat into the lake should be required This Act may be cited as the ‘‘Small Ma- tion document to verify the identity of to submit to the same security screen- rine Business and Fishing Guide Relief Act those who have access to secure areas ing as operators and workers in our of 2008’’. of ports and large vessels. SEC. 2. WAIVER OF BIOMETRIC TRANSPOR- Charter boat captains, however, do major ports. TATION SECURITY CARD REQUIRE- To address this issue, I am intro- MENT FOR CERTAIN SMALL BUSI- not have secure areas on their boats ducing the Small Marine Business and NESS MERCHANT MARINERS. and usually do not need unescorted ac- Fishing Guide Relief Act. I want to (a) IN GENERAL.—Section 70105 (b)(2) of cess to port facilities. Therefore, they title 46, United States Code, is amended— thank Senator COLLINS and Senator have no need for a TWIC. For these (1) in subparagraph (B), by inserting ‘‘and LIEBERMAN for joining me as original small businesses, requiring them to ob- serving under the authority of such license, tain a TWIC essentially amounts to an cosponsors of this legislation. Our bill certificate of registry, or merchant mariners is very straightforward—it will exempt document on a vessel for which the owner or unnecessary and costly government mariners from needing a TWIC if they operator of such vessel is required to submit regulation. are not required to submit a vessel se- a vessel security plan under section 70103(c) Many small businesses are struggling curity plan for their boat to the Coast of this title’’ before the semicolon; in these lean economic times, particu- Guard. This group of mariners includes (2) by striking subparagraph (D); and larly with high marine fuel prices and fishing guides, charter captains and (3) by redesignating subparagraphs (E), (F), tourists who have less to spend their other small recreational boaters. and (G) as subparagraphs (D), (E), and (F), discretionary income on charter tours respectively. in the Gulf of Maine. With these busi- I want to be clear these mariners will (b) REPORT.—Not later than 90 days after still be required to have a Coast Guard the date of the enactment of this Act, the nesses’ declining profit margins, they license. Security should not be jeopard- Secretary of Homeland Security shall sub- cannot afford an additional $132 identi- ized by eliminating the TWIC require- mit to Congress a report that contains the fication card for their employees. ment because the Coast Guard con- following: Even with this exemption, charter ducts significant background checks (1) A list of the locations that provide serv- captains with a Coast Guard license ice to individuals seeking to obtain or renew will have undergone an extensive back- when mariners apply for a Coast Guard a license, certificate of registry, or merchant license. These background checks re- ground check for the same crimes that mariners document under part E of subtitle are reviewed when an individual ap- view crimes against people, property, II of title 46, United States Code. public safety, the environment and ex- (2) An assessment of the feasibility of ac- plies for a TWIC. So waiving the TWIC amine whether the applicant has prior cepting applications for licenses, certificates requirement for them would not reduce drug offenses or committed a crime of registry, and merchant mariner docu- the background information available against national security. ments described in paragraph (1) and any ap- for review before these individuals are These folks already pay a minimum plicant biometrics required therefor at the licensed as charter captains. Transportation Worker Identification Cre- To be sure, the Transportation Work- of $140 for their Coast Guard licenses dential enrollment facilities or mobile en- er Identification Credential will play a which are good for five years. Given rollment centers of the Department of Home- critical role in our Nation’s maritime these factors, asking these operators to land Security. security by limiting access to secure pay over $100 more for another creden- (3) An assessment of the administrative areas of ports and large vessels. It tial—especially with the recent down- feasibility of verifying that an individual has must ‘‘be implemented, however, in a turn in the economy and the cost of obtained a biometric transportation security manner that does not unnecessarily gas—is an unnecessary burden that card issued under section 70105 of title 46, United States Code, and is serving under the and unproductively impede legitimate doesn’t make sense. authority of a license, certificate of registry, business operations. Additionally, our legislation calls for or merchant mariners document described in a report to examine the feasibility of paragraph (1) on a vessel for which the owner By Mr. DOMENICI (for himself identifying which small boat operators or operator of such vessel is not required to and Mr. BINGAMAN): already purchased a TWIC but will not submit a vessel security plan under section S. 3381. A bill to authorize the Sec- need it once this legislation is signed 70103(e) of such title to provide such indi- retary of the Interior, acting through vidual a refund of any fees paid by such indi- into law. Once this is done, refunds or the Commissioner of Reclamation, to credits could be issued towards license vidual to obtain such biometric transpor- tation security card. develop water infrastructure in the Rio renewals for these folks. (4) An assessment of the administrative Grande Basin, and to approve the set- The TWIC program is an important feasibility of verifying that an individual has tlement of the water rights claims of tool to ensure the safety of our na- obtained a biometric transportation security the Pueblos of Nambe, Pojoaque, San tion’s ports, but common sense tells us card described in paragraph (3) and is serving Ildefonso, Tesuque, and Taos; to the that a fishing dock on Lake of the under the authority of a license, certificate Committee on Indian Affairs. Woods or Rainy River is vastly dif- of registry, or merchant mariners document Mr. DOMENICI. Mr. President, dur- ferent from the major ports around the described in paragraph (1) on a vessel de- scribed in paragraph (3) to provide such indi- ing the previous session I introduced country that receive thousands of vidual a credit towards the renewal of such legislation to address the funding of In- cargo containers per day. Simply put, license, certificate of registry, or merchant dian water rights claims that are of ut- we need to make sure our local fishing mariners document that is equal to the most importance in the west, and in guides and other small marine opera- amount of fees paid by such individual for particular, within the State of New tors are not being subjected to exces- such biometric transportation security card. Mexico. Since that time many parties sive government regulation and this Ms. COLLINS. Mr. President, I am have met for countless hours in New legislation will provide that relief. pleased to be an original cosponsor of Mexico and here in Washington to ad- A similar TWIC exemption passed the the Small Marine Business and Fishing dress how these claims could be re- House on as part of the Coast Guide Relief Act that Senator COLEMAN solved and finally settled. Rather than Guard Reauthorization Act and I en- is introducing today. This legislation spend countless hours in litigation, courage my Senate colleagues to pass will provide much-needed relief to these groups have sat down and worked this legislation as well before we ad- charter boat captains and other opera- through these issues in a very produc- journ for the year. tors of small marine businesses in tive manner.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7917 As a result, today I am pleased to Sec. 202. Purpose. (12) OPERATING AGREEMENT.—The term come before you to introduce, on behalf Sec. 203. Definitions. ‘‘Operating Agreement’’ means the agree- Sec. 204. Pueblo rights. of myself and Senator BINGAMAN, the ment between the Pueblos and the County Sec. 205. Pueblo water infrastructure and executed under section 112(a). Aamodt and Taos Pueblo Indian Water watershed enhancement. Rights Settlement Act of 2008. This (13) OPERATIONS, MAINTENANCE, AND RE- Sec. 206. Taos Pueblo Water Development PLACEMENT COSTS.— legislation will resolve these long- Fund. (A) IN GENERAL.—The term ‘‘operations, standing Indian water rights claims Sec. 207. Marketing. maintenance, and replacement costs’’ means within New Mexico and authorize a Sec. 208. Mutual-benefit projects. all costs for the operation of the Regional source of Federal funding to resolve Sec. 209. San Juan-Chama Project contracts. Water System that are necessary for the Sec. 210. Authorizations, ratifications, con- them. safe, efficient, and continued functioning of firmations, and conditions The Aamodt litigation in New Mexico the Regional Water System to produce the precedent. benefits described in the Settlement Agree- was filed in 1966 and is the longest- Sec. 211. Waivers and releases. ment. standing litigation in the Federal judi- Sec. 212. Interpretation and enforcement. ciary system. The hard work that each Sec. 213. Disclaimer. (B) EXCLUSION.—The term ‘‘operations, maintenance, and replacement costs’’ does party put into the settlement process TITLE I—AAMODT LITIGATION demonstrates that negotiated settle- not include construction costs or costs re- SETTLEMENT ACT lated to construction design and planning. ments, with multiple parties working SEC. 101. SHORT TITLE. (14) POJOAQUE BASIN.— together, can best determine how to al- This title may be cited as the ‘‘Aamodt (A) IN GENERAL.—The term ‘‘Pojoaque locate scarce water supplies among di- Litigation Settlement Act’’. Basin’’ means the geographic area limited by verse parties in a way that does not SEC. 102. DEFINITIONS. a surface water divide (which can be drawn curtail existing uses. This bill will re- In this title: on a topographic map), within which area sult in additional economic develop- (1) ACRE-FEET.—The term ‘‘acre-feet’’ rainfall and runoff flow into arroyos, drain- ment and improved health benefits means acre-feet of water per year. ages, and named tributaries that eventually within these communities. (2) AAMODT CASE.—The term ‘‘Aamodt drain to— The resolution of these claims will Case’’ means the civil action entitled State (i) the Rio Pojoaque; or not only improve the lives of many of New Mexico, ex rel. State Engineer and (ii) the 2 unnamed arroyos immediately United States of America, Pueblo de Nambe, south; and within these communities by providing Pueblo de Pojoaque, Pueblo de San Ildefonso, (iii) 2 arroyos (including the Arroyo a safe and reliable water supply, but and Pueblo de Tesuque v. R. Lee Aamodt, et Alamo) that are north of the confluence of will also improve the ability of New al., No. 66 CV 6639 MV/LCS (D.N.M.). the Rio Pojoaque and the Rio Grande. Mexico to effectively undertake water (3) AUTHORITY.—The term ‘‘Authority’’ (B) INCLUSION.—The term ‘‘Pojoaque rights planning in the near and long- means the Pojoaque Basin Regional Water Basin’’ includes the San Ildefonso Eastern term future. Authority described in section 9.5 of the Set- Reservation recognized by section 8 of Public As I have stated before, the costs of tlement Agreement or an alternate entity Law 87–231 (75 Stat. 505). not settling these claims in New Mex- acceptable to the Pueblos and the County to (15) PUEBLO.—The term ‘‘Pueblo’’ means ico are dire. The legislation before us operate and maintain the diversion and each of the pueblos of Nambe, Pojoaque, San treatment facilities, certain transmission Ildefonso, or Tesuque. will ensure that our obligations to pipelines, and other facilities of the Regional (16) PUEBLOS.—The term ‘‘Pueblos’’ means these communities are met and that Water System. collectively the Pueblos of Nambe, Pojoaque, they will have safe and reliable water (4) BISHOP’S LODGE EXTENSION.—The term San Ildefonso, and Tesuque. systems. ‘‘Bishop’s Lodge Extension’’ has the meaning (17) PUEBLO LAND.—The term ‘‘Pueblo Mr. President, I ask unanimous con- given the term in the Engineering Report. land’’ means any real property that is— sent that the text of the bill be printed (5) CITY.—The term ‘‘City’’ means the city (A) held by the United States in trust for in the RECORD. of Santa Fe, New Mexico. a Pueblo within the Pojoaque Basin; There being no objection, the text of (6) COST-SHARING AND SYSTEM INTEGRATION (B)(i) owned by a Pueblo within the the bill was ordered to be printed in AGREEMENT.—The term ‘‘Cost-Sharing and Pojoaque Basin before the date on which a the Record, as follows: System Integration Agreement’’ means the court approves the Settlement Agreement; agreement executed by the United States, or S. 3381 the State, the Pueblos, the County, and the (ii) acquired by a Pueblo on or after the Be it enacted by the Senate and House of Rep- City that— date on which a court approves the Settle- resentatives of the United States of America in (A) describes the location, capacity, and ment Agreement, if the real property is lo- Congress assembled, management (including the distribution of cated— SECTION 1. TABLE OF CONTENTS. water to customers) of the Regional Water (I) within the exterior boundaries of the The table of contents of this Act is as fol- System; and Pueblo, as recognized and conformed by a lows: (B) allocates the costs of the Regional patent issued under the Act of December 22, Sec. 1. Table of contents. Water System with respect to— 1858 (11 Stat. 374, chapter V); or TITLE I—AAMODT LITIGATION (i) the construction, operation, mainte- (II) within the exterior boundaries of any SETTLEMENT ACT nance, and repair of the Regional Water Sys- territory set aside for the Pueblo by law, ex- Sec. 101. Short title. tem; ecutive order, or court decree; Sec. 102. Definitions. (ii) rights-of-way for the Regional Water (C) owned by a Pueblo or held by the Subtitle A—Pojoaque Basin Regional Water System; and United States in trust for the benefit of a System (iii) the acquisition of water rights. Pueblo outside the Pojoaque Basin that is lo- Sec. 111. Authorization of Regional Water (7) COUNTY.—The term ‘‘County’’ means cated within the exterior boundaries of the System. Santa Fe County, New Mexico. Pueblo as recognized and confirmed by a pat- Sec. 112. Operating Agreement. (8) COUNTY DISTRIBUTION SYSTEM.—The ent issued under the Act of December 22, 1858 Sec. 113. Acquisition of Pueblo water supply term ‘‘County Distribution System’’ means (11 Stat. 374, chapter V); or for the Regional Water System. the portion of the Regional Water System (D) within the exterior boundaries of any Sec. 114. Delivery and allocation of Regional that serves water customers on non-Pueblo real property located outside the Pojoaque Water System capacity and land in the Pojoaque Basin. Basin set aside for a Pueblo by law, execu- water. (9) COUNTY WATER UTILITY.—The term tive order, or court decree, if the land is Sec. 115. Aamodt Settlement Pueblos’ Fund. ‘‘County Water Utility’’ means the water within or contiguous to land held by the Sec. 116. Environmental compliance. utility organized by the County to— United States in trust for the Pueblo as of Sec. 117. Authorization of appropriations. (A) receive water distributed by the Au- January 1, 2005. Subtitle B—Pojoaque Basin Indian Water thority; and (18) PUEBLO WATER FACILITY.— Rights Settlement (B) provide the water received under sub- (A) IN GENERAL.—The term ‘‘Pueblo Water Sec. 121. Settlement Agreement and con- paragraph (A) to customers on non-Pueblo Facility’’ means— tract approval. land in the Pojoaque Basin. (i) a portion of the Regional Water System Sec. 122. Environmental compliance. (10) ENGINEERING REPORT.—The term ‘‘En- that serves only water customers on Pueblo Sec. 123. Conditions precedent and enforce- gineering Report’’ means the report entitled land; and ment date. ‘‘Pojoaque Regional Water System Engineer- (ii) portions of a Pueblo water system in Sec. 124. Waivers and releases. ing Report’’ and dated April 2007 and any existence on the date of enactment of this Sec. 125. Effect. amendments thereto. Act that serve water customers on non-Pueb- TITLE II—TAOS PUEBLO INDIAN WATER (11) FUND.—The term ‘‘Fund’’ means the lo land, also in existence on the date of en- RIGHTS SETTLEMENT ACT Aamodt Settlement Pueblos’ Fund estab- actment of this Act, or their successors, that Sec. 201. Short title. lished by section 115(a). are—

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(I) depicted in the final project design, as (2) WATER RIGHTS.—The Secretary shall not the Pueblos, the County, and the Authority modified by the drawings reflecting the com- condemn water rights for purposes of the Re- shall not reconvey any portion of the Re- pleted Regional Water System; and gional Water System. gional Water System conveyed to the Pueb- (II) described in the Operating Agreement. (d) CONDITIONS FOR CONSTRUCTION.— los, the County, and the Authority, respec- (B) INCLUSIONS.—The term ‘‘Pueblo Water (1) IN GENERAL.—The Secretary shall not tively, unless the reconveyance is authorized Facility’’ includes— begin construction of the Regional Water by an Act of Congress enacted after the date (i) the barrier dam and infiltration project System facilities until the date on which— of enactment of this Act. on the Rio Pojoaque described in the Engi- (A) the Secretary executes— (4) INTEREST OF THE UNITED STATES.—On neering Report; and (i) the Settlement Agreement; and conveyance of a portion of the Regional (ii) the Tesuque Pueblo infiltration pond (ii) the Cost-Sharing and System Integra- Water System under paragraph (1), the described in the Engineering Report. tion Agreement; and United States shall have no further right, (19) REGIONAL WATER SYSTEM.— (B) the State and the County have entered title, or interest in and to the portion of the (A) IN GENERAL.—The term ‘‘Regional into an agreement with the Secretary to Regional Water System conveyed. Water System’’ means the Regional Water contribute the non-Federal share of the costs (5) ADDITIONAL CONSTRUCTION.—On convey- System described in section 111(a). of the construction in accordance with the ance of a portion of the Regional Water Sys- (B) EXCLUSIONS.—The term ‘‘Regional Cost-Sharing and System Integration Agree- tem under paragraph (1), the Pueblos, Coun- Water System’’ does not include the County ment. ty, or the Authority, as applicable, may, at or Pueblo water supply delivered through the (e) APPLICABLE LAW.—The Indian Self-De- the expense of the Pueblos, County, or the Regional Water System. termination and Education Assistance Act Authority, construct any additional infra- (20) SAN JUAN-CHAMA PROJECT.—The term (25 U.S.C. 450 et seq.) shall not apply to the structure that is necessary to fully use the ‘‘San Juan-Chama Project’’ means the design and construction of the Regional water delivered by the Regional Water Sys- Project authorized by section 8 of the Act of Water System. tem. June 13, 1962 (76 Stat. 96, 97) and the Act of (f) CONSTRUCTION COSTS.— (6) LIABILITY.— , 1956 (70 Stat. 105). (1) PUEBLO WATER FACILITIES.—The costs of (A) IN GENERAL.—Effective on the date of (21) SECRETARY.—The term ‘‘Secretary’’ constructing the Pueblo Water Facilities, as conveyance of any land or facility under this means the Secretary of the Interior. determined by the final project design and section, the United States shall not be held (22) SETTLEMENT AGREEMENT.—The term the Engineering Report— liable by any court for damages of any kind ‘‘Settlement Agreement’’ means the stipu- (A) shall be at full Federal expense subject arising out of any act, omission, or occur- lated and binding agreement among the to the amount authorized in section 117(a)(1); rence relating to the land and facilities con- State, the Pueblos, the United States, the and veyed, other than damages caused by acts of County, and the City dated January 19, 2006, (B) shall be nonreimbursable to the United negligence by the United States, or by em- and signed by all of the government parties States. ployees or agents of the United States, prior to the Settlement Agreement (other than (2) COUNTY DISTRIBUTION SYSTEM.—The to the date of conveyance. the United States) on May 3, 2006 and as costs of constructing the County Distribu- (B) TORT CLAIMS.—Nothing in this section amended in conformity with this Act. tion System shall be at State and local ex- increases the liability of the United States (23) STATE.—The term ‘‘State’’ means the pense. beyond the liability provided in chapter 171 State of New Mexico. (g) STATE AND LOCAL CAPITAL OBLIGA- of title 28, United States Code (commonly Subtitle A—Pojoaque Basin Regional Water TIONS.—The State and local capital obliga- known as the ‘‘Federal Tort Claims Act’’). System tions for the Regional Water System de- (7) EFFECT.—Nothing in any transfer of scribed in the Cost-Sharing and System Inte- SEC. 111. AUTHORIZATION OF REGIONAL WATER ownership provided or any conveyance there- SYSTEM. gration Agreement shall be satisfied on the to as provided in this section shall extin- (a) IN GENERAL.—The Secretary, acting payment of the State and local capital obli- guish the right of any Pueblo, the County, or through the Commissioner of Reclamation, gations described in the Cost-Sharing and the Regional Water Authority to the contin- shall plan, design, and construct a regional System Integration Agreement. uous use and benefit of each easement or (h) CONVEYANCE OF REGIONAL WATER SYS- water system in accordance with the Settle- right of way for the use, operation, mainte- TEM FACILITIES.— ment Agreement, to be known as the ‘‘Re- nance, repair, and replacement of Pueblo (1) IN GENERAL.—Subject to paragraph (2), gional Water System’’— Water Facilities, the County Distribution on completion of the construction of the Re- (1) to divert and distribute water to the System or the Regional Water System or for gional Water System (other than the Pueblos and to the County Water Utility, in wastewater purposes as provided in the Cost- Bishop’s Lodge Extension if construction of accordance with the Engineering Report; and Sharing and System Integration Agreement. the Bishop’s Lodge Extension is deferred pur- (2) that consists of— SEC. 112. OPERATING AGREEMENT. (A) surface water diversion facilities at suant to the Cost-Sharing and System Inte- gration Agreement), the Secretary, in ac- (a) IN GENERAL.—The Pueblos and the San Ildefonso Pueblo on the Rio Grande; and County shall submit to the Secretary an exe- cordance with the Operating Agreement, (B) any treatment, transmission, storage cuted Operating Agreement for the Regional shall convey to— and distribution facilities and wellfields for Water System that is consistent with this (A) each Pueblo the portion of any Pueblo the County Distribution System and Pueblo Act, the Settlement Agreement, and the Water Facility that is located within the Water Facilities that are necessary to supply Cost-Sharing and System Integration Agree- a minimum of 4,000 acre-feet of water within boundaries of the Pueblo, including any land ment not later than 180 days after the later the Pojoaque Basin, in accordance with the or interest in land located within the bound- of— Engineering Report. aries of the Pueblo that is acquired by the (1) the date of completion of environ- (b) FINAL PROJECT DESIGN.—The Secretary United States for the construction of the mental compliance and permitting; or shall issue a final project design within 90 Pueblo Water Facility; (2) the date of issuance of a final project days of completion of the environmental (B) the County the County Distribution design for the Regional Water System under compliance described in section 116 for the System, including any land or interest in section 111(b). Regional Water System that— land acquired by the United States for the (b) APPROVAL.—Not later than 180 days (1) is consistent with the Engineering Re- construction of the County Distribution Sys- after receipt of the operating agreement de- port; and tem; and scribed in subsection (a), the Secretary shall (2) includes a description of any Pueblo (C) the Authority any portions of the Re- approve the Operating Agreement upon de- Water Facilities. gional Water System that remain after mak- termination that the Operating Agreement (c) ACQUISITION OF LAND; WATER RIGHTS.— ing the conveyances under subparagraphs (A) is consistent with this Act, the Settlement (1) ACQUISITION OF LAND.—Upon request, and (B), including any land or interest in Agreement, and the Cost-Sharing and Sys- and in exchange for the funding which shall land acquired by the United States for the tem Integration Agreement. be provided in section 117(c), the Pueblos construction of the portions of the Regional (c) CONTENTS.—The Operating Agreement shall consent to the grant of such easements Water System. shall include— and rights-of-way as may be necessary for (2) CONDITIONS FOR CONVEYANCE.—The Sec- (1) provisions consistent with the Settle- the construction of the Regional Water Sys- retary shall not convey any portion of the ment Agreement and the Cost-Sharing and tem at no cost to the Secretary. To the ex- Regional Water System facilities under para- System Integration Agreement and nec- tent that the State or County own easements graph (1) until the date on which— essary to implement the intended benefits of or rights-of-way that may be used for con- (A) construction of the Regional Water the Regional Water System described in struction of the Regional Water System, the System (other than the Bishop’s Lodge Ex- those documents; State or County shall provide that land or tension if construction of the Bishop’s Lodge (2) provisions for— interest in land as necessary for construc- Extension is deferred pursuant to the Cost- (A) the distribution of water conveyed tion at no cost to the Secretary. The Sec- Sharing and System Integration Agreement) through the Regional Water System, includ- retary shall acquire any other land or inter- is complete; and ing a delineation of— est in land that is necessary for the con- (B) the Operating Agreement is executed in (i) distribution lines for the County Dis- struction of the Regional Water System with accordance with section 112. tribution System; the exception of the Bishop’s Lodge Exten- (3) SUBSEQUENT CONVEYANCE.—On convey- (ii) distribution lines for the Pueblo Water sion. ance by the Secretary under paragraph (1), Facilities; and

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7919 (iii) distribution lines that serve both— (2) make available 1079 acre-feet to the SEC. 114. DELIVERY AND ALLOCATION OF RE- (I) the County Distribution System; and Pueblos pursuant to a contract entered into GIONAL WATER SYSTEM CAPACITY (II) the Pueblo Water Facilities; among the Pueblos and the Secretary in ac- AND WATER. (B) the allocation of the Regional Water cordance with section 11 of the Act of June (a) ALLOCATION OF REGIONAL WATER SYS- System capacity; 13, 1962 (76 Stat. 96, 97) (San Juan-Chama TEM CAPACITY.— (C) the terms of use of unused water capac- Project Act) under water rights held by the (1) IN GENERAL.—The Regional Water Sys- ity in the Regional Water System; Secretary; and tem shall have the capacity to divert from (D) the construction of additional infra- (3) by application to the State Engineer, the Rio Grande a quantity of water sufficient structure and the acquisition of associated obtain approval to divert the water acquired to provide— rights-of-way or easements necessary to en- and made available under paragraphs (1) and (A) 4,000 acre-feet of consumptive use of able any of the Pueblos or the County to (2) at the points of diversion for the Regional water; and fully use water allocated to the Pueblos or Water System, consistent with the Settle- (B) the requisite peaking capacity de- the County from the Regional Water System, ment Agreement and the Cost-Sharing and scribed in— including provisions addressing when the System Integration Agreement. (i) the Engineering Report; and construction of such additional infrastruc- (b) FORFEITURE.—The nonuse of the water (ii) the final project design. ture requires approval by the Authority; supply secured by the Secretary for the (2) ALLOCATION TO THE PUEBLOS AND COUNTY (E) the allocation and payment of annual Pueblos under subsection (a) shall in no WATER UTILITY.—Of the capacity described in operation, maintenance, and replacement event result in forfeiture, abandonment, re- paragraph (1)— costs for the Regional Water System, includ- linquishment, or other loss thereof. (A) there shall be allocated to the Pueb- ing the portions of the Regional Water Sys- (c) TRUST.—The Pueblo water supply se- los— tem that are used to treat, transmit, and dis- cured under subsection (a) shall be held by (i) sufficient capacity for the conveyance the United States in trust for the Pueblos. tribute water to both the Pueblo Water Fa- of 2,500 acre-feet consumptive use; and (d) CONTRACT FOR SAN JUAN-CHAMA cilities and the County Water Utility; (ii) the requisite peaking capacity for the PROJECT WATER SUPPLY.—With respect to (F) the operation of wellfields located on quantity of water described in clause (i); and Pueblo land; the contract for the water supply required by subsection (a)(2), such San Juan-Chama (B) there shall be allocated to the County (G) the transfer of any water rights nec- Project contract shall be pursuant to the fol- Water Utility— essary to provide the Pueblo water supply lowing terms: (i) sufficient capacity for the conveyance described in section 113(a); (1) WAIVERS.—Notwithstanding the provi- of 1,500 acre-feet consumptive use; and (H) the operation of the Regional Water sions of the Act of June 13, 1962 (76 Stat, 96, (ii) the requisite peaking capacity for the System with respect to the water supply, in- 97) or any other provision of law— quantity of water described in clause (i). cluding the allocation of the water supply in (A) the Secretary shall waive the entirety (3) APPLICABLE LAW.—Water shall be allo- accordance with section 3.1.8.4.2 of the Set- of the Pueblos’ share of the construction cated to the Pueblos and the County Water tlement Agreement so that, in the event of a costs for the San Juan-Chama Project, and Utility under this subsection in accordance shortage of supply to the Regional Water pursuant to that waiver, the Pueblos’ share with— System, the supply to each of the Pueblos’ of all construction costs for the San Juan- (A) this title; and to the County’s distribution system Chama Project, inclusive of both principal (B) the Settlement Agreement; and shall be reduced on a prorata basis, in pro- and interest, due from 1972 to the execution (C) the Operating Agreement. portion to each distribution system’s most of the contract required by subsection (a)(2), (b) DELIVERY OF REGIONAL WATER SYSTEM current annual use; and shall be nonreimbursable; WATER.—The Authority shall deliver water (I) dispute resolution; and (B) the Secretary’s waiver of each Pueblo’s from the Regional Water System— (3) provisions for operating and maintain- share of the construction costs for the San (1) to the Pueblos water in a quantity suffi- ing the Regional Water System facilities be- Juan-Chama Project will not result in an in- cient to allow full consumptive use of up to fore and after conveyance under section crease in the pro rata shares of other San 2,500 acre-feet rights by the Pueblos in ac- 111(h), including provisions to— Juan-Chama Project water contractors, but cordance with— (A) ensure that— such costs shall be absorbed by the United (A) the Settlement Agreement; (i) the operation of, and the diversion and States Treasury or otherwise appropriated to (B) the Operating Agreement; and conveyance of water by, the Regional Water the Department of the Interior; and (C) this Title; and System is in accordance with the Settlement (C) the costs associated with any water (2) to the County water in a quantity suffi- Agreement; made available from the San Juan-Chama cient to allow full consumptive use of up to (ii) the wells in the Regional Water System Project which were determined nonreimburs- 1,500 acre-feet per year of water rights by the are used in conjunction with the surface able and nonreturnable pursuant to Pub. L. County Water Utility in accordance with— water supply of the Regional Water System No. 88-293, 78 Stat. 171 (March 26, 1964) shall (A) the Settlement Agreement; to ensure a reliable firm supply of water to remain nonreimbursable and nonreturnable. (B) the Operating Agreement; and all users of the Regional Water System, con- (2) TERMINATION.—The contract shall pro- (C) this title. sistent with the intent of the Settlement vide that it shall terminate only upon the (c) ADDITIONAL USE OF ALLOCATION QUAN- Agreement that surface supplies will be used following conditions— TITY AND UNUSED CAPACITY.—The Regional to the maximum extent feasible; (A) failure of the United States District Water System may be used to— (iii) the respective obligations regarding Court for the District of New Mexico to enter (1) provide for use of return flow credits to delivery, payment, operation, and manage- a final decree for the Aamodt case by Decem- allow for full consumptive use of the water ment are enforceable; and ber 15, 2012 or within the time period of any allocated in the Settlement Agreement to (iv) the County has the right to serve any extension of that deadline granted by the each of the Pueblos and to the County; and new water users located on non-Pueblo land court; or (2) convey water allocated to one of the in the Pojoaque Basin; and (B) entry of an order by the United States Pueblos or the County Water Utility for the (B) allow for any aquifer storage and recov- District Court for the District of New Mexico benefit of another Pueblo or the County ery projects that are approved by the Office voiding the final decree and Settlement Water Utility or allow use of unused capac- of the New Mexico State Engineer. Agreement for the Aamodt case pursuant to ity by each other through the Regional (d) EFFECT.—Nothing in this title precludes section 10.3 of the Settlement Agreement. Water System in accordance with an inter- the Operating Agreement from authorizing (e) LIMITATION.—The Secretary shall use phased or interim operations if the Regional governmental agreement between the Pueb- the water supply secured under subsection los, or between a Pueblo and County Water Water System is constructed in phases. (a) only for the purposes described in the SEC. 113. ACQUISITION OF PUEBLO WATER SUP- Utility, as applicable, if— Settlement Agreement. (A) such intergovernmental agreements PLY FOR THE REGIONAL WATER SYS- (f) FULFILLMENT OF WATER SUPPLY ACQUI- are consistent with the Operating Agree- TEM. SITION OBLIGATIONS.—Compliance with sub- (a) IN GENERAL.—For the purpose of pro- sections (a) through (e) shall satisfy any and ment, the Settlement Agreement and this viding a reliable firm supply of water from all obligations of the Secretary to acquire or Act; the Regional Water System for the Pueblos secure a water supply for the Pueblos pursu- (B) capacity is available without reducing in accordance with the Settlement Agree- ant to the Settlement Agreement. water delivery to any Pueblo or the County ment, the Secretary, on behalf of the Pueb- (g) RIGHTS OF PUEBLOS IN SETTLEMENT Water Utility in accordance with the Settle- los, shall— AGREEMENT UNAFFECTED.—Notwithstanding ment Agreement, unless the County Water (1) acquire water rights to— the provisions of subsections (a) through (f), Utility or Pueblo contracts for a reduction (A) 302 acre-feet of Nambe reserved water the Pueblos, the County or the Regional in water delivery or Regional Water System described in section 2.6.2 of the Settlement Water Authority may acquire any additional capacity; Agreement pursuant to section 117(c)(1)(C); water rights to ensure all parties to the Set- (C) the Pueblo or County Water Utility and tlement Agreement receive the full alloca- contracting for use of the unused capacity or (B) 1141 acre-feet from water acquired by tion of water provided by the Settlement water has the right to use the water under the County for water rights commonly re- Agreement and nothing in this Act amends applicable law; and ferred to as ‘‘Top of the World’’ rights in the or modifies the quantities of water allocated (D) any agreement for the use of unused Aamodt case; to the Pueblos thereunder. capacity or water provides for payment of

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the operation, maintenance, and replace- (A) APPROVAL OF SETTLEMENT AGREE- (b) ACQUISITION OF WATER RIGHTS.—There ment costs associated with the use of capac- MENT.—Amounts made available under sub- is authorized to be appropriated to the Sec- ity or water. paragraphs (A) and (C) of section 117(c)(1) retary funds for the acquisition of the water SEC. 115. AAMODT SETTLEMENT PUEBLOS’ FUND. shall be available for expenditure or with- rights under section 113(a)(1)(B)— (a) ESTABLISHMENT OF THE AAMODT SETTLE- drawal only after the date on which the (1) in the amount of $5,400,000.00 if such ac- MENT PUEBLOS’ FUND.—There is established United States District Court for the District quisition is completed by December 31, 2009; in the Treasury of the United States a fund, of New Mexico issues an order approving the and to be known as the ‘‘Aamodt Settlement Settlement Agreement. (2) the amount authorized under paragraph Pueblos’ Fund,’’ consisting of— (B) COMPLETION OF CERTAIN PORTIONS OF RE- (b)(1) shall be adjusted according to the CPI (1) such amounts as are made available to GIONAL WATER SYSTEM.—Amounts made Urban Index commencing January 1, 2010. the Fund under section 117(c); and available under section 117(c)(1)(B) shall be (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— (2) any interest earned from investment of available for expenditure or withdrawal only (1) IN GENERAL.—There is authorized to be amounts in the Fund under subsection (b). after those portions of the Regional Water appropriated to the Fund the following System described in section 1.5.24 of the Set- (b) MANAGEMENT OF THE FUND.—The Sec- amounts for the period of fiscal years 2009 retary shall manage the Fund, invest tlement Agreement have been declared sub- through 2021: amounts in the Fund, and make amounts stantially complete by the Secretary. (A) $8,000,000, which shall be allocated to (C) FAILURE TO FULFILL CONDITIONS PRECE- available from the Fund for distribution to the Pueblos, in accordance with section 2.7.1 DENT.—If the conditions precedent in section the Pueblos in accordance with— of the Settlement Agreement, for the reha- 123 have not been fulfilled by June 30, 2016, (1) the American Indian Trust Fund Man- bilitation, improvement, operation, mainte- the United States shall be entitled to set off agement Reform Act of 1994 (25 U.S.C. 4001 et nance, and replacement of the agricultural any funds expended or withdrawn from the seq.); and delivery facilities, waste water systems, and amounts appropriated pursuant to section (2) this title. other water-related infrastructure of the ap- 117(c), together with any interest accrued, (c) INVESTMENT OF THE FUND.—The Sec- plicable Pueblo. The amount authorized against any claims asserted by the Pueblos retary shall invest amounts in the Fund in herein shall be adjusted according to the CPI against the United States relating to the accordance with— Urban Index commencing October 1, 2006. water rights in the Pojoaque Basin. (1) the Act of April 1, 1880 (25 U.S.C. 161); (B) $37,500,000, which shall be allocated to SEC. 116. ENVIRONMENTAL COMPLIANCE. (2) the first section of the Act of June 24, an account, to be established not later than (a) IN GENERAL.—In carrying out this sub- 1938 (25 U.S.C. 162a); and January 1, 2016, to assist the Pueblos in pay- title, the Secretary shall comply with each (3) the American Indian Trust Fund Man- ing the Pueblos’ share of the cost of oper- law of the Federal Government relating to ating, maintaining, and replacing the Pueblo agement Reform Act of 1994 (25 U.S.C. 4001 et the protection of the environment, includ- seq.). Water Facilities and the Regional Water ing— System. (d) TRIBAL MANAGEMENT PLAN.— (1) the National Environmental Policy Act (1) IN GENERAL.—A Pueblo may withdraw (C) $5,000,000 and any interest thereon, of 1969 (42 U.S.C. 4321 et seq.); and which shall be allocated to the Pueblo of all or part of the Pueblo’s portion of the (2) the Endangered Species Act of 1973 (16 Fund on approval by the Secretary of a trib- Nambe´ for the acquisition of the Nambe´ re- U.S.C. 1531 et seq.). served water rights in accordance with sec- al management plan as described in the (b) NATIONAL ENVIRONMENTAL POLICY tion 113(a)(1)(A). The amount authorized American Indian Trust Fund Management ACT.—Nothing in this title affects the out- herein shall be adjusted according to the CPI Reform Act of 1994 (25 U.S.C. 4001 et seq.). come of any analysis conducted by the Sec- Urban Index commencing January 1, 2011. (2) REQUIREMENTS.—In addition to the re- retary or any other Federal official under quirements under the American Indian Trust the National Environmental Policy Act of The funds provided under this section may ´ Fund Management Reform Act of 1994 (25 1969 (42 U.S.C. 4321 et seq.). be used by the Pueblo of Nambe only for the acquisition of land, other real property in- U.S.C. 4001 et seq.), the tribal management SEC. 117. AUTHORIZATION OF APPROPRIATIONS. terests, or economic development. plan shall require that a Pueblo spend any (a) REGIONAL WATER SYSTEM.— (2) OPERATION, MAINTENANCE, AND REPLACE- amounts withdrawn from the Fund in ac- (1) IN GENERAL.—Subject to paragraph (4), MENT COSTS.— cordance with the purposes described in sec- there is authorized to be appropriated to the tion 117(c). Secretary for the planning, design, and con- (A) IN GENERAL.—Prior to conveyance of (3) ENFORCEMENT.—The Secretary may struction of the Regional Water System and the Regional Water System pursuant to sec- take judicial or administrative action to en- the conduct of environmental compliance ac- tion 111, the Secretary shall pay any oper- force the provisions of any tribal manage- tivities under section 116 a total of ation, maintenance or replacement costs as- ment plan to ensure that any amounts with- $106,400,000 between fiscal years 2009 and 2021. sociated with the Pueblo Water Facilities or drawn from the Fund under an approved trib- (2) PRIORITY OF FUNDING.—Of the amounts the Regional Water System up to an amount al management plan are used in accordance authorized under paragraph (1), the Sec- that does not exceed $5,000,000, which is au- with this title. retary shall give priority to funding— thorized to be appropriated to the Secretary. (4) LIABILITY.—If a Pueblo or the Pueblos (A) the construction of the San Ildefonso (B) OBLIGATION OF THE FEDERAL GOVERN- exercise the right to withdraw amounts from portion of the Regional Water System, con- MENT AFTER COMPLETION.—Except as pro- the Fund, neither the Secretary nor the Sec- sisting of— vided in section 113(a)(4)(B), after construc- retary of the Treasury shall retain any li- (i) the surface water diversion, treatment, tion of the Regional Water System is com- ability for the expenditure or investment of and transmission facilities at San Ildefonso pleted and the amounts required to be depos- the amounts withdrawn. Pueblo; and ited in the account have been deposited (5) EXPENDITURE PLAN.— (ii) the San Ildefonso Pueblo portion of the under this section the Federal Government (A) IN GENERAL.—The Pueblos shall submit Pueblo Water Facilities; and shall have no obligation to pay for the oper- to the Secretary for approval an expenditure (B) that part of the Regional Water System ation, maintenance, and replacement costs plan for any portion of the amounts in the providing 475 acre-feet to Pojoaque Pueblo of the Regional Water System. Fund that the Pueblos do not withdraw pursuant to section 2.2 of the Settlement Subtitle B—Pojoaque Basin Indian Water under this subsection. Agreement. Rights Settlement (B) DESCRIPTION.—The expenditure plan (3) ADJUSTMENT.—The amount authorized SEC. 121. SETTLEMENT AGREEMENT AND CON- shall describe the manner in which, and the under paragraph (1) shall be adjusted annu- TRACT APPROVAL. purposes for which, amounts remaining in ally to account for increases in construction (a) APPROVAL.—To the extent the Settle- the Fund will be used. costs since October 1, 2006, as determined ment Agreement and the Cost-Sharing and (C) APPROVAL.—On receipt of an expendi- using applicable engineering cost indices. System Integration Agreement do not con- ture plan under subparagraph (A), the Sec- (4) LIMITATIONS.— flict with this title, the Settlement Agree- retary shall approve the plan if the Sec- (A) IN GENERAL.—No amounts shall be ment and the Cost-Sharing and System Inte- retary determines that the plan is reason- made available under paragraph (1) for the gration Agreement (including any amend- able and consistent with this title, the Set- construction of the Regional Water System ments to the Settlement Agreement and the tlement Agreement, and the Cost-Sharing until the date on which the United States Cost-Sharing and System Integration Agree- and System Integration Agreement. District Court for the District of New Mexico ment that are executed to make the Settle- (D) ANNUAL REPORT.—The Pueblos shall issues an order approving the Settlement ment Agreement or the Cost-Sharing and submit to the Secretary an annual report Agreement. System Integration Agreement consistent that describes all expenditures from the (B) RECORD OF DECISION.—No amounts with this title) are authorized, ratified, and Fund during the year covered by the report. made available under paragraph (1) shall be confirmed. (6) NO PER CAPITA PAYMENTS.—No part of expended unless the record of decision issued (b) EXECUTION.—To the extent the Settle- the principal of the Fund, or the interest or by the Secretary after completion of an envi- ment Agreement and the Cost-Sharing and income accruing on the principal shall be ronmental impact statement provides for a System Integration Agreement do not con- distributed to any member of a Pueblo on a preferred alternative that is in substantial flict with this title, the Secretary shall exe- per capita basis. compliance with the proposed Regional cute the Settlement Agreement and the (7) AVAILABILITY OF AMOUNTS FROM THE Water System, as defined in the Engineering Cost-Sharing and System Integration Agree- FUND.— Report. ment (including any amendments that are

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7921 necessary to make the Settlement Agree- (D) the State of New Mexico has enacted (2) all claims for damages, losses or inju- ment or the Cost-Sharing and System Inte- any necessary legislation and provided any ries to water rights or claims of interference, gration Agreement consistent with this funding that may be required under the Set- diversion or taking of water for lands within title). tlement Agreement; the Pojoaque Basin that accrued at any time (c) AUTHORITIES OF THE PUEBLOS.— (E) a partial final decree that sets forth up to and including the enforcement date (1) IN GENERAL.—Each of the Pueblos may the water rights and other rights to water to identified in section 123(b), that the Pueblos enter into contracts to lease or exchange which the Pueblos are entitled under the or their members may have against the water rights or to forbear undertaking new Settlement Agreement and this title and United States, its agencies, or employees; or expanded water uses for water rights rec- that substantially conforms to the Settle- and ognized in section 2.1 of the Settlement ment Agreement has been approved by the (3) all claims arising out of or resulting Agreement for use within the Pojoaque United States District Court for the District from the negotiation or the adoption of the Basin in accordance with the other limita- of New Mexico; and Settlement Agreement, exhibits thereto, the tions of section 2.1.5 of the Settlement (F) a final decree that sets forth the water Final Decree, or this title, that the Pueblos Agreement provided that section 2.1.5 is rights for all parties to the Aamodt Case and of their members may have against the amended accordingly. that substantially conforms to the Settle- United States, its agencies, agents or em- (2) EXECUTION.—The Secretary shall not ment Agreement has been approved by the ployees. execute the Settlement Agreement until United States District Court for the District (c) RESERVATION OF RIGHTS AND RETENTION such amendment is accomplished under of New Mexico by December 15, 2012, or with- OF CLAIMS.—Notwithstanding subsections (a) paragraph (1). in the time period of any extension of that and (b), and except as otherwise provided in (3) APPROVAL BY SECRETARY.—Consistent deadline granted by that court. the Settlement Agreement, the Pueblos and with the Settlement Agreement as amended (b) ENFORCEMENT DATE.—The Settlement the United States shall retain— under paragraph (1), the Secretary shall ap- Agreement shall become enforceable as of (1) all claims for water rights or injuries to prove or disapprove a lease entered into the date that the United States District water rights arising out of activities occur- under paragraph (1). Court for the District of New Mexico enters ring outside the Pojoaque Basin except inso- (4) PROHIBITION ON PERMANENT ALIEN- a partial final decree pursuant to subsection far as such claims are specifically addressed ATION.—No lease or contract under paragraph (a)(2)(E) and an Interim Administrative in the Cost-Sharing and System Integration (1) shall be for a term exceeding 99 years, nor Order consistent with the Settlement Agree- Agreement; shall any such lease or contract provide for ment. The waivers and releases executed pur- (2) all claims for enforcement of the Settle- permanent alienation of any portion of the suant to section 124 shall become effective as ment Agreement, the Final Decree, or this water rights made available to the Pueblos of the date that the conditions precedent de- title, through such legal and equitable rem- under the Settlement Agreement. scribed in subsection (a)(2) have been ful- edies as may be available in any court of (5) APPLICABLE LAW.—Section 2116 of the filled. competent jurisdiction; Revised Statutes (25 U.S.C. 177) shall not (c) EXPIRATION.—If the parties to the Set- (3) all rights to use and protect water apply to any lease or contract entered into tlement Agreement entitled to provide no- rights acquired pursuant to state law to the under paragraph (1). tice regarding the lack of substantial com- extent not inconsistent with the Final De- pletion of the Regional Water System pro- (6) LEASING OR MARKETING OF WATER SUP- cree and the Settlement Agreement; vide such notice in accordance with section PLY.—The water supply provided on behalf of (4) all claims relating to activities affect- 10.3 of the Settlement Agreement, the Set- the Pueblos pursuant to section 113(a)(1) may ing the quality of water; and tlement Agreement shall no longer be effec- only be leased or marketed by any of the (5) all rights, remedies, privileges, immuni- tive, the waivers and releases executed pur- Pueblos pursuant to the intergovernmental ties, powers, and claims not specifically suant to section 124 shall no longer be effec- agreements described in section 114(c)(2). waived and released pursuant to the Settle- tive, and any unexpended Federal funds, to- (d) AMENDMENTS TO CONTRACTS.—The Sec- ment Agreement or this title. gether with any income earned thereon, and retary shall amend the contracts relating to (d) TOLLING OF CLAIMS.— title to any property acquired or constructed the Nambe Falls Dam and Reservoir that are (1) IN GENERAL.—Each applicable period of with expended Federal funds, shall be re- necessary to use water supplied from the limitation and time-based equitable defense turned to the Federal Government unless Nambe Falls Dam and Reservoir in accord- relating to a claim described in this section otherwise agreed to by the appropriate par- ance with the Settlement Agreement. shall be tolled for the period beginning on ties in writing and approved by Congress. SEC. 122. ENVIRONMENTAL COMPLIANCE. the date of enactment of this Act and ending SEC. 124. WAIVERS AND RELEASES. on the Enforcement Date. (a) EFFECT OF EXECUTION OF SETTLEMENT (a) CLAIMS BY THE PUEBLO AND THE UNITED (2) NO REVIVAL OF CLAIMS.—Nothing in this AGREEMENT.—The execution of the Settle- STATES.—The Pueblos, on behalf of them- subsection revives any claim or tolls any pe- ment Agreement under section 121(b) shall selves and their members, and the United riod of limitation or time-based equitable de- not constitute a major Federal action under States, acting in its capacity as trustee for fense that expired before the date of enact- the National Environmental Policy Act of the Pueblos, as part of their obligations 1969 (42 U.S.C. 4321 et seq.). under the Settlement Agreement, shall each ment of this Act. (b) COMPLIANCE WITH ENVIRONMENTAL execute a waiver and release of— SEC. 125. EFFECT. LAWS.—In carrying out this subtitle, the (1) all past, present, and future claims to Nothing in this title or the Settlement Secretary shall comply with each law of the surface and groundwater rights that the Agreement affects the land and water rights, Federal Government relating to the protec- Pueblos, or the United States on behalf of claims, or entitlements to water of any In- tion of the environment, including— the Pueblos, asserted or could have asserted dian tribe, pueblo, or community other than (1) the National Environmental Policy Act in the Aamodt Case; the Pueblos. of 1969 (42 U.S.C. 4321 et seq.); and (2) all past, present, and future claims for TITLE II—TAOS PUEBLO INDIAN WATER (2) the Endangered Species Act of 1973 (16 damages, losses or injuries to water rights or RIGHTS SETTLEMENT ACT U.S.C. 1531 et seq.). claims of interference, diversion or taking of SEC. 201. SHORT TITLE. SEC. 123. CONDITIONS PRECEDENT AND EN- water for lands within the Pojoaque Basin FORCEMENT DATE. This title may be cited as the ‘‘Taos Pueb- that accrued at any time up to and including lo Indian Water Rights Settlement Act’’. (a) CONDITIONS PRECEDENT.— the enforcement date identified in section (1) IN GENERAL.—Upon the fulfillment of 123(b), that the Pueblos or their members, or SEC. 202. PURPOSE. the conditions precedent described in para- the United States on behalf of the Pueblos, The purposes of this title are— graph (2), the Secretary shall publish in the asserted or could have asserted against the (1) to approve, ratify, and confirm the Taos Federal Register a statement of finding that parties to the Aamodt Case; Pueblo Indian Water Rights Settlement the conditions have been fulfilled. (3) their defenses in the Aamodt Case to Agreement; (2) REQUIREMENTS.—The conditions prece- the claims previously asserted therein by the (2) to authorize and direct the Secretary to dents referred to in paragraph (1) are the other Settlement Parties; and execute the Settlement Agreement and to conditions that— (4) all pending inter se challenges against perform all obligations of the Secretary (A) to the extent that the Settlement other parties to the Settlement Agreement. under the Settlement Agreement and this Agreement conflicts with this title, the Set- (b) CLAIMS BY THE PUEBLOS.—The Pueblos, title; and tlement Agreement has been revised to con- on behalf of themselves and their members, (3) to authorize all actions and appropria- form with this title; as part of their obligations under the Settle- tions necessary for the United States to (B) the Settlement Agreement, so revised, ment Agreement, shall execute a waiver and meet its obligations under the Settlement including waivers and releases pursuant to release of— Agreement and this title. section 124, has been executed by the appro- (1) all causes of action against the United SEC. 203. DEFINITIONS. priate parties and the Secretary; States, its agencies, or employees, arising In this title: (C) Congress has fully appropriated, or the out of all past, present, and future claims for (1) ELIGIBLE NON-PUEBLO ENTITIES.—The Secretary has provided from other author- water rights that were asserted, or could term ‘‘Eligible Non-Pueblo Entities’’ means ized sources, all funds authorized by section have been asserted, by the United States as the Town of Taos, EPWSD, and the New 117, with the exception of subsection (a)(1) of trustee for the Pueblos and on behalf of the Mexico Department of Finance and Adminis- that section, by June 30, 2016; Pueblos in the Aamodt case; tration Local Government Division on behalf

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7922 CONGRESSIONAL RECORD — SENATE July 31, 2008 of the Acequia Madre del Rio Lucero y del SEC. 205. PUEBLO WATER INFRASTRUCTURE AND (3) the American Indian Trust Fund Man- Arroyo Seco, the Acequia Madre del Prado, WATERSHED ENHANCEMENT. agement Reform Act of 1994 (25 U.S.C. 4001 et the Acequia del Monte, the Acequia Madre (a) IN GENERAL.—The Secretary, acting seq.). del Rio Chiquito, the Upper Ranchitos Mu- through the Commissioner of Reclamation, (d) AVAILABILITY OF AMOUNTS FROM THE tual Domestic Water Consumers Association, shall provide grants and technical assistance FUND.—Upon the Enforcement Date, all mon- the Upper Arroyo Hondo Mutual Domestic to the Pueblo on a nonreimbursable basis ies deposited in the Fund pursuant to section Water Consumers Association, and the Llano to— 210(c)(2) shall be available to the Pueblo for Quemado Mutual Domestic Water Consumers (1) plan, permit, design, engineer, con- expenditure or withdrawal after the require- Association. struct, reconstruct, replace, or rehabilitate ments of subsection (e) have been met. (2) ENFORCEMENT DATE.—The term ‘‘En- water production, treatment, and delivery (e) EXPENDITURES AND WITHDRAWAL.— forcement Date’’ means the date upon which infrastructure; (1) TRIBAL MANAGEMENT PLAN.— all conditions precedent set forth in section (2) restore, preserve, and protect the envi- (A) IN GENERAL.—The Pueblo may with- 210(f)(2) have been fulfilled. ronment associated with the Buffalo Pasture draw all or part of the Fund on approval by (3) MUTUAL-BENEFIT PROJECTS.—The term area; and the Secretary of a tribal management plan ‘‘Mutual-Benefit Projects’’ means the (3) protect and enhance watershed condi- as described in the Trust Fund Reform Act. projects described and identified in Articles 6 tions. (B) REQUIREMENTS.—In addition to the re- and 10.1 of the Settlement Agreement. (b) AVAILABILITY OF GRANTS.—Upon the quirements under the Trust Fund Reform (4) PARTIAL FINAL DECREE.—The term ‘‘Par- Enforcement Date, all amounts appropriated Act, the tribal management plan shall re- tial Final Decree’’ means the Decree entered pursuant to section 210(c)(1) shall be avail- quire that the Pueblo spend any funds in ac- in New Mexico v. Abeyta and New Mexico v. able in grants to the Pueblo after the re- cordance with the purposes described in sub- Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) quirements of subsection (c) have been met. section (a). (c) PLAN.—The Secretary shall provide fi- and 7939–BB (U.S. D.N.M) (consolidated), for (2) ENFORCEMENT.—The Secretary may the resolution of the Pueblo’s water right nancial assistance pursuant to subsection (a) take judicial or administrative action to en- claims and which is substantially in the upon the Pueblo’s submittal of a plan that force the requirement that monies with- form agreed to by the Parties and attached identifies the projects to be implemented drawn from the Fund are used for the pur- to the Settlement Agreement as Attachment consistent with the purposes of this section poses specified in subsection (a). and describes how such projects are con- 5. (3) LIABILITY.—If the Pueblo exercises the sistent with the Settlement Agreement. (5) PARTIES.—The term ‘‘Parties’’ means right to withdraw monies from the Fund, (d) EARLY FUNDS.—Notwithstanding sub- the Parties to the Settlement Agreement, as neither the Secretary nor the Secretary of section (b), $10,000,000 of the monies author- identified in Article 1 of the Settlement the Treasury shall retain any liability for ized to be appropriated pursuant to section Agreement. the expenditure or investment of the monies 210(c)(1)— (6) PUEBLO.—The term ‘‘Pueblo’’ means the withdrawn. (1) shall be made available in grants to the Taos Pueblo, a sovereign Indian Tribe duly (4) EXPENDITURE PLAN.— Pueblo by the Secretary upon appropriation recognized by the United States of America. (A) IN GENERAL.—The Pueblo shall submit or availability of the funds from other au- (7) PUEBLO LANDS.—The term ‘‘Pueblo to the Secretary for approval an expenditure thorized sources; and lands’’ means those lands located within the plan for any portions of the funds made (2) shall be distributed by the Secretary to Taos Valley to which the Pueblo, or the available under this title that the Pueblo the Pueblo on receipt by the Secretary from United States in its capacity as trustee for does not withdraw under paragraph (1)(A). the Pueblo of a written notice, a Tribal the Pueblo, holds title subject to Federal law (B) DESCRIPTION.—The expenditure plan Council resolution that describes the pur- limitations on alienation. Such lands include shall describe the manner in which, and the poses under subsection (a) for which the Tracts A, B, and C, the Pueblo’s land grant, purposes for which, amounts remaining in monies will be used, and a plan under sub- the Blue Lake Wilderness Area, and the the Fund will be used. section (c) for this portion of the funding. Tenorio and Karavas Tracts and are gen- (C) APPROVAL.—On receipt of an expendi- erally depicted in Attachment 2 to the Set- SEC. 206. TAOS PUEBLO WATER DEVELOPMENT ture plan under subparagraph (A), the Sec- FUND. tlement Agreement. retary shall approve the plan if the Sec- (a) ESTABLISHMENT.—There is established (8) SAN JUAN-CHAMA PROJECT.—The term in the Treasury of the United States a fund retary determines that the plan is reason- ‘‘San Juan-Chama Project’’ means the to be known as the ‘‘Taos Pueblo Water De- able and consistent with this title. Project authorized by section 8 of the Act of velopment Fund’’ (hereinafter, ‘‘Fund’’) to be (5) ANNUAL REPORT.—The Pueblo shall sub- June 13, 1962 (76 Stat. 96, 97), and the Act of used to pay or reimburse costs incurred by mit to the Secretary an annual report that April 11, 1956 (70 Stat. 105). the Pueblo for— describes all expenditures from the Fund (9) SECRETARY.—The term ‘‘Secretary’’ (1) acquiring water rights; during the year covered by the report. means the Secretary of the Interior. (2) planning, permitting, designing, engi- (f) FUNDS AVAILABLE UPON APPROPRIA- (10) SETTLEMENT AGREEMENT.—The term neering, constructing, reconstructing, re- TION.—Notwithstanding subsection (d), ‘‘Settlement Agreement’’ means the con- placing, rehabilitating, operating, or repair- $15,000,000 of the monies authorized to be ap- tract dated March 31, 2006, between and ing water production, treatment or delivery propriated pursuant to section 210(c)(2)— among— infrastructure, on-farm improvements, or (1) shall be available upon appropriation (A) the United States, acting solely in its wastewater infrastructure; for the Pueblo’s acquisition of water rights capacity as trustee for Taos Pueblo; (3) restoring, preserving and protecting the in fulfillment of the Settlement Agreement, (B) the Taos Pueblo, on its own behalf; Buffalo Pasture, including planning, permit- the Buffalo Pasture Recharge Project, imple- (C) the State of New Mexico; ting, designing, engineering, constructing, mentation of the Pueblo’s water rights ac- (D) the Taos Valley Acequia Association operating, managing and replacing the Buf- quisition program and water management and its 55 member ditches (‘‘TVAA’’); falo Pasture Recharge Project; and administration system, the design, plan- (E) the Town of Taos; (4) administering the Pueblo’s water rights ning, and permitting of water or wastewater (F) El Prado Water and Sanitation District acquisition program and water management infrastructure eligible for funding under sec- (‘‘EPWSD’’); and and administration system; and tions 205 or 206, or costs related to the nego- (G) the 12 Taos area Mutual Domestic (5) for watershed protection and enhance- tiation, authorization, and implementation Water Consumers Associations (‘‘MDWCAs’’), ment, support of agriculture, water-related of the Settlement Agreement; and as amended to conform with this title. Pueblo community welfare and economic de- (2) shall be distributed by the Secretary to (11) STATE ENGINEER.—The term ‘‘State En- velopment, and costs related to the negotia- the Pueblo on receipt by the Secretary from gineer’’ means the New Mexico State Engi- tion, authorization, and implementation of the Pueblo of a written notice and a Tribal neer. the Settlement Agreement. Council resolution that describes the pur- (12) TAOS VALLEY.—The term ‘‘Taos Val- (b) MANAGEMENT OF THE FUND.—The Sec- poses under paragraph (1) for which the mon- ley’’ means the geographic area depicted in retary shall manage the Fund, invest ies will be used. Attachment 4 of the Settlement Agreement. amounts in the Fund, and make monies (g) NO PER CAPITA DISTRIBUTIONS.—No part of the Fund shall be distributed on a per cap- SEC. 204. PUEBLO RIGHTS. available from the Fund for distribution to the Pueblo consistent with the American In- ita basis to members of the Pueblo. (a) IN GENERAL.—Those rights to which the dian Trust Fund Management Reform Act of SEC. 207. MARKETING. Pueblo is entitled under the Partial Final 1994 (25 U.S.C. 4001, et seq.) (hereinafter, (a) PUEBLO WATER RIGHTS.—Subject to the Decree shall be held in trust by the United ‘‘Trust Fund Reform Act’’), this title, and approval of the Secretary in accordance with States on behalf of the Pueblo and shall not the Settlement Agreement. subsection (e), the Pueblo may market water be subject to forfeiture, abandonment or per- (c) INVESTMENT OF THE FUND.—The Sec- rights secured to it under the Settlement manent alienation. retary shall invest amounts in the Fund in Agreement and Partial Final Decree, pro- (b) SUBSEQUENT ACT OF CONGRESS.—The accordance with— vided that such marketing is in accordance Pueblo shall not be denied all or any part of (1) the Act of April 1, 1880 (21 Stat. 70, ch. with this section. its rights held in trust absent its consent un- 41, 25 U.S.C. 161); (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN- less such rights are explicitly abrogated by (2) the first section of the Act of June 24, CHAMA PROJECT WATER.—Subject to the ap- an Act of Congress hereafter enacted. 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and proval of the Secretary in accordance with

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7923 subsection (e), the Pueblo may subcontract neer, and construct the Mutual Benefits of the Secretary and any amendments nec- water made available to the Pueblo under Projects in accordance with the Settlement essary to make the Settlement Agreement the contract authorized under section Agreement— consistent with this title, after the Pueblo 209(b)(1)(A) to third parties to supply water (1) to minimize adverse impacts on the has executed the Settlement Agreement and for use within or without the Taos Valley, Pueblo’s water resources by moving future any such amendments. provided that the delivery obligations under non-Indian ground water pumping away from (c) AUTHORIZATION OF APPROPRIATIONS.— such subcontract are not inconsistent with the Pueblo’s Buffalo Pasture; and (1) TAOS PUEBLO INFRASTRUCTURE AND WA- the Secretary’s existing San Juan-Chama (2) to implement the resolution of a dis- TERSHED FUND.—There is authorized to be ap- Project obligations and such subcontract is pute over the allocation of certain surface propriated to the Secretary to provide grants in accordance with this section. water flows between the Pueblo and non-In- pursuant to section 205, $30,000,000, as ad- (c) LIMITATION.— dian irrigation water right owners in the justed under paragraph (4), for the period of (1) IN GENERAL.—Diversion or use of water community of Arroyo Seco Arriba. fiscal years 2009 through 2015. off Pueblo Lands pursuant to Pueblo water (b) COST-SHARING.— (2) TAOS PUEBLO WATER DEVELOPMENT rights or Pueblo contract rights to San (1) FEDERAL SHARE.—The Federal share of FUND.—There is authorized to be appro- Juan-Chama Project water shall be subject the total cost of planning, designing, and priated to the Taos Pueblo Water Develop- to and not inconsistent with the same re- constructing the Mutual Benefit Projects au- ment Fund, established at section 206(a), quirements and conditions of State law, any thorized in subsection (a) shall be 75 percent $50,000,000, as adjusted under paragraph (4), applicable Federal law, and any applicable and shall be nonreimbursable. for the period of fiscal years 2009 through interstate compact as apply to the exercise (2) NON-FEDERAL SHARE.—The non-Federal 2015. of water rights or contract rights to San share of the total cost of planning, design- (3) MUTUAL-BENEFIT PROJECTS FUNDING.— Juan-Chama Project water held by non-Fed- ing, and constructing the Mutual Benefit There is further authorized to be appro- eral, non-Indian entities, including all appli- Projects shall be 25 percent and may be in priated to the Secretary to provide grants cable State Engineer permitting and report- the form of in-kind contributions, including pursuant to section 208, a total of $33,000,000, ing requirements. the contribution of any valuable asset or as adjusted under paragraph (4), for the pe- (2) EFFECT ON WATER RIGHTS.—Such diver- service that the Secretary determines would riod of fiscal years 2009 through 2015. sion or use off Pueblo Lands under paragraph substantially contribute to completing the (4) ADJUSTMENTS TO AMOUNTS AUTHOR- (1) shall not impair water rights or increase Mutual Benefit Projects. IZED.—The amounts authorized to be appro- surface water depletions within the Taos SEC. 209. SAN JUAN-CHAMA PROJECT CON- priated under paragraphs (1) through (3) Valley. TRACTS. shall be adjusted by such amounts as may be (d) MAXIMUM TERM.— (a) IN GENERAL.—Contracts issued under required by reason of changes since April 1, (1) IN GENERAL.—The maximum term of this section shall be in accordance with this 2007, in construction costs, as indicated by any water use lease or subcontract, includ- title and the Settlement Agreement. engineering cost indices applicable to the ing all renewals, shall not exceed 99 years in (b) CONTRACTS FOR SAN JUAN-CHAMA types of construction or rehabilitation in- duration. PROJECT WATER.— volved. (2) ALIENATION OF RIGHTS.—The Pueblo (1) IN GENERAL.—The Secretary shall enter (5) DEPOSIT IN FUND.—Except for the funds shall not permanently alienate any rights it into 3 repayment contracts by December 31, to be provided to the Pueblo pursuant to sec- has under the Settlement Agreement, the 2009, for the delivery of San Juan-Chama tion 205(d), the Secretary shall deposit the Partial Final Decree, and this title. Project water in the following amounts: funds made available pursuant to paragraphs (e) APPROVAL OF SECRETARY.—The Sec- (A) 2,215 acre-feet/annum to the Pueblo. (1) and (3) into a Taos Settlement Fund to be retary shall approve or disapprove any lease (B) 366 acre-feet/annum to the Town of established within the Treasury of the or subcontract submitted by the Pueblo for Taos. United States so that such funds may be approval not later than— (C) 40 acre-feet/annum to EPWSD. made available to the Pueblo and the Eligi- (1) 180 days after submission; or (2) REQUIREMENTS.—Each such contract ble Non-Pueblo Entities upon the Enforce- (2) 60 days after compliance, if required, shall provide that if the conditions precedent ment Date as set forth in sections 205(b) and with the National Environmental Policy Act set forth in section 210(f)(2) have not been 208(a). of 1969 (42 U.S.C. 4332(2)(C)), or any other re- fulfilled by December 31, 2015, the contract (d) AUTHORITY OF THE SECRETARY.—The quirement of Federal law, whichever is later, shall expire on that date. Secretary is authorized to enter into such (c) WAIVER.—With respect to the contracts agreements and to take such measures as the provided that no Secretarial approval shall authorized and required by subsection (b)(1) Secretary may deem necessary or appro- be required for any water use lease or sub- and notwithstanding the provisions of Public priate to fulfill the intent of the Settlement contract with a term of less than 7 years. Law 87–483 (76 Stat. 96) or any other provi- Agreement and this title. (f) NO FORFEITURE OR ABANDONMENT.—The sion of law— (e) ENVIRONMENTAL COMPLIANCE.— nonuse by a lessee or subcontractor of the (1) the Secretary shall waive the entirety (1) EFFECT OF EXECUTION OF SETTLEMENT Pueblo of any right to which the Pueblo is of the Pueblo’s share of the construction AGREEMENT.—The Secretary’s execution of entitled under the Partial Final Decree shall costs, both principal and the interest, for the the Settlement Agreement shall not con- in no event result in a forfeiture, abandon- San Juan-Chama Project and pursuant to stitute a major Federal action under the Na- ment, relinquishment, or other loss of all or that waiver, the Pueblo’s share of all con- tional Environmental Policy Act of 1969 (42 any part of those rights. struction costs for the San Juan-Chama U.S.C. 4321 et seq.). (g) NO PREEMPTION.— Project, inclusive of both principal and in- (2) COMPLIANCE WITH ENVIRONMENTAL (1) IN GENERAL.—The approval authority of terest shall be nonreimbursable; and LAWS.—In carrying out this title, the Sec- the Secretary provided under subsection (e) (2) the Secretary’s waiver of the Pueblo’s retary shall comply with each law of the shall not amend, construe, supersede, or pre- share of the construction costs for the San Federal Government relating to the protec- empt any State or Federal law, interstate Juan-Chama Project will not result in an in- tion of the environment, including— compact, or international treaty that per- crease in the pro rata shares of other San (A) the National Environmental Policy Act tains to the Colorado River, the Rio Grande, Juan-Chama Project water contractors, but of 1969 (42 U.S.C. 4321 et seq.); and or any of their tributaries, including the ap- such costs shall be absorbed by the United (B) the Endangered Species Act of 1973 (16 propriation, use, development, storage, regu- States Treasury or otherwise appropriated to U.S.C. 1531 et seq.). lation, allocation, conservation, exportation, the Department of the Interior. (f) CONDITIONS PRECEDENT AND SECRE- or quantity of those waters. SEC. 210. AUTHORIZATIONS, RATIFICATIONS, TARIAL FINDING.— (2) APPLICABLE LAW.—The provisions of CONFIRMATIONS, AND CONDITIONS (1) IN GENERAL.—Upon the fulfillment of section 2116 of the Revised Statutes (25 PRECEDENT. the conditions precedent described in para- U.S.C. 177) shall not apply to any water made (a) RATIFICATION.— graph (2), the Secretary shall publish in the available under the Settlement Agreement. (1) IN GENERAL.—Except to the extent that Federal Register a statement of finding that (h) NO PREJUDICE.—Nothing in this title any provision of the Settlement Agreement the conditions have been fulfilled. shall be construed to establish, address, prej- conflicts with any provision of this title, the (2) CONDITIONS.—The conditions precedent udice, or prevent any party from litigating Settlement Agreement is authorized, rati- referred to in paragraph (1) are the following: whether or to what extent any applicable fied, and confirmed. (A) The President has signed into law the State law, Federal law or interstate compact (2) AMENDMENTS.—To the extent amend- Taos Pueblo Indian Water Rights Settlement does or does not permit, govern, or apply to ments are executed to make the Settlement Act. the use of the Pueblo’s water outside of New Agreement consistent with this title, such (B) To the extent that the Settlement Mexico. amendments are also authorized, ratified, Agreement conflicts with this title, the Set- SEC. 208. MUTUAL-BENEFIT PROJECTS. and confirmed. tlement Agreement has been revised to con- (a) IN GENERAL.—Upon the Enforcement (b) EXECUTION OF SETTLEMENT AGREE- form with this title. Date, the Secretary, acting through the MENT.—To the extent that the Settlement (C) The Settlement Agreement, so revised, Commissioner of Reclamation, shall provide Agreement does not conflict with this title, including waivers and releases pursuant to financial assistance in the form of grants on the Secretary shall execute the Settlement section 211, has been executed by the Parties a nonreimbursable basis to Eligible Non- Agreement, including all exhibits to the Set- and the Secretary prior to the Parties’ mo- Pueblo Entities to plan, permit, design, engi- tlement Agreement requiring the signature tion for entry of the Partial Final Decree.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7924 CONGRESSIONAL RECORD — SENATE July 31, 2008 (D) Congress has fully appropriated or the Agreement, including individual members of (1) All claims against persons other than Secretary has provided from other author- signatory Acequias, from— the Parties to the Settlement Agreement for ized sources all funds authorized by para- (1) all past, present, and future claims to injuries to water rights arising out of activi- graphs (1) through (3) of subsection (c) so surface and groundwater rights that the ties occurring outside the Taos Valley or the that the entire amounts so authorized have Pueblo, or the United States on behalf of the Taos Valley Stream System. been previously provided to the Pueblo pur- Pueblo, asserted or could have asserted in (2) All claims for enforcement of the Set- suant to sections 205 and 206, or placed in the New Mexico v. Abeyta and New Mexico v. tlement Agreement, the San Juan-Chama Taos Pueblo Water Development Fund or the Arellano, Civil Nos. 7896–BB (U.S. D.N.M.) Project contract between the Pueblo and the Taos Settlement Fund as directed in sub- and 7939–BB (U.S. D.N.M.) (consolidated); United States, the Partial Final Decree, or section (c). (2) all past, present, and future claims for this title, through such legal and equitable (E) The Legislature of the State of New damages, losses or injuries to water rights or remedies as may be available in any court of Mexico has fully appropriated the funds for claims of interference, diversion or taking of competent jurisdiction. the State contributions as specified in the water for lands within the Taos Valley that (3) All rights to use and protect water Settlement Agreement, and those funds have accrued from time immemorial through the rights acquired pursuant to state law, to the been deposited in appropriate accounts. Enforcement Date that the Pueblo, or the extent not inconsistent with the Partial (F) The State of New Mexico has enacted United States on behalf of the Pueblo, as- Final Decree and the Settlement Agreement. legislation that amends NMSA 1978, section serted or could have asserted; (4) All claims relating to activities affect- 72–6–3 to state that a water use due under a (3) all past, present, and future claims to ing the quality of water. water right secured to the Pueblo under the surface and groundwater rights to the use of (5) All rights, remedies, privileges, immu- Settlement Agreement or the Partial Final Rio Grande mainstream or tributary water, nities, powers, and claims not specifically Decree may be leased for a term, including whether presently known or unknown, waived and released pursuant to the Settle- all renewals, not to exceed 99 years, provided whether for consumptive or nonconsumptive ment Agreement or this title. that this condition shall not be construed to use, that the Pueblo, or the United States on (d) TOLLING OF CLAIMS.— require that said amendment state that any behalf of the Pueblo, could assert in any (1) IN GENERAL.—Each applicable period of State law based water rights acquired by the present or future water rights adjudication limitation and time-based equitable defense Pueblo or by the United States on behalf of proceeding that are not based on ownership relating to a claim described in this section the Pueblo may be leased for said term. of land or that are based on Pueblo or United shall be tolled for the period beginning on (G) A Partial Final Decree that sets forth States ownership of lands or water rights at the date of enactment of this Act and ending the water rights and contract rights to water any time prior to the Enforcement Date, ex- on the Enforcement Date. to which the Pueblo is entitled under the cept that nothing in this paragraph shall be (2) NO REVIVAL OF CLAIMS.—Nothing in this Settlement Agreement and this title and construed to prevent the Pueblo or the subsection revives any claim or tolls any pe- that substantially conforms to the Settle- United States from fully participating in the riod of limitation or time-based equitable de- ment Agreement and Attachment 5 thereto inter se phase of any such present or future fense that expired before the date of enact- has been approved by the Court and has be- water rights adjudication proceeding; ment of this title. come final and nonappealable. (4) all past, present, and future claims for (3) LIMITATION.—Nothing in this section (g) ENFORCEMENT DATE.—The Settlement damages, losses or injuries to water rights or precludes the tolling of any period of limita- Agreement shall become enforceable, and the claims of interference, diversion or taking of tions or any time-based equitable defense waivers and releases executed pursuant to Rio Grande mainstream or tributary water under any other applicable law. section 211 and the limited waiver of sov- that accrued from time immemorial through SEC. 212. INTERPRETATION AND ENFORCEMENT. ereign immunity set forth in section 212(a) the Enforcement Date that the Pueblo, or (a) LIMITED WAIVER OF SOVEREIGN IMMU- shall become effective, as of the date that the United States on behalf of the Pueblo, NITY.—Upon and after the Enforcement Date, the conditions precedent described in sub- asserted or could have asserted; and if any Party to the Settlement Agreement section (f)(2) have been fulfilled. (5) all past, present, and future claims aris- brings an action in any court of competent (h) EXPIRATION DATE.— ing out of or resulting from the negotiation jurisdiction over the subject matter relating (1) IN GENERAL.—If all of the conditions or the adoption of the Settlement Agree- only and directly to the interpretation or en- precedent described in section (f)(2) have not ment, attachments thereto, or any specific forcement of the Settlement Agreement or been fulfilled by December 31, 2015, the Set- terms and provisions thereof, against the this title, and names the United States or tlement Agreement shall be null and void, State of New Mexico, its agencies, agents or the Pueblo as a party, then the United the waivers and releases executed pursuant employees. States, the Pueblo, or both may be added as to section 211 shall not become effective, and (b) CLAIMS BY THE PUEBLO.—The Pueblo, on a party to any such action, and any claim by any unexpended Federal funds, together with behalf of itself and its members, as part of the United States or the Pueblo to sovereign any income earned thereon, and title to any its obligations under the Settlement Agree- immunity from the action is waived, but property acquired or constructed with ex- ment, shall execute a waiver and release of only for the limited and sole purpose of such pended Federal funds, shall be returned to claims against the United States, its agen- interpretation or enforcement, and no waiver the Federal Government, unless otherwise cies, and its employees from— of sovereign immunity is made for any ac- agreed to by the Parties in writing and ap- (1) all past, present, and future claims for tion against the United States or the Pueblo proved by Congress. water rights that were asserted, or could that seeks money damages. (2) EXCEPTION.—Notwithstanding sub- have been asserted, by the United States as (b) SUBJECT MATTER JURISDICTION NOT AF- section (h)(1) or any other provision of law, trustee for the Pueblo and on behalf of the FECTED.—Nothing in this title shall be any unexpended Federal funds, together with Pueblo in New Mexico v. Abeyta and New deemed as conferring, restricting, enlarging, any income earned thereon, made available Mexico v. Arellano, Civil Nos. 7896–BB (U.S. or determining the subject matter jurisdic- under sections 205(d) and 206(f) and title to D.N.M.) and 7939–BB (U.S. D.N.M) (consoli- tion of any court, including the jurisdiction any property acquired or constructed with dated); of the court that enters the Partial Final De- expended Federal funds made available under (2) all past, present, and future claims for cree adjudicating the Pueblo’s water rights. sections 205(d) and 206(f) shall be retained by damages, losses or injuries to water rights or (c) REGULATORY AUTHORITY NOT AF- the Pueblo. all past, present, and future claims for fail- FECTED.—Nothing in this title shall be (3) RIGHT TO SET-OFF.—In the event the ure to intervene or act on the Pueblo’s be- deemed to determine or limit any authority conditions precedent set forth in subsection half in the protection of its water rights, or of the State or the Pueblo to regulate or ad- (f)(2) have not been fulfilled by December 31, all past, present, and future claims for fail- minister waters or water rights now or in the 2015, the United States shall be entitled to ure to acquire and/or develop the water future. set off any funds expended or withdrawn rights and resources of the Pueblo, that ac- SEC. 213. DISCLAIMER. from the amount appropriated pursuant to crued from time immemorial through the Nothing in the Settlement Agreement or paragraphs (1) and (2) of subsection (c) or Enforcement Date; and this title shall be construed in any way to made available from other authorized (3) all past, present, and future claims aris- quantify or otherwise adversely affect the sources, together with any interest accrued, ing out of or resulting from the negotiation land and water rights, claims, or entitle- against any claims asserted by the Pueblo or the adoption of the Settlement Agree- ments to water of any other Indian tribe. against the United States relating to water ment, attachments thereto, or negotiation Mr. BINGAMAN. Mr. President, rights in the Taos Valley. and enactment of this title or any specific today Senator DOMENICI and I are in- SEC. 211. WAIVERS AND RELEASES. terms and provisions thereof, against the troducing a bill that I am pleased to (a) CLAIMS BY THE PUEBLO AND THE UNITED United States, its agencies, agents or em- say, will help end contentious disputes STATES.—The Pueblo, on behalf of itself and ployees. over water rights claims in two long- its members, and the United States, acting (c) RESERVATION OF RIGHTS AND RETENTION standing general stream adjudications through the Secretary in its capacity as OF CLAIMS.—Notwithstanding subsections (a) trustee for the Pueblo, as part of their obli- and (b), the Pueblo and its members, and the in northern New Mexico. The bill ac- gations under the Settlement Agreement, United States, as trustee for the Pueblo and complishes this by authorizing two In- shall each execute a waiver and release of its members, shall retain the following dian water rights settlements. The claims against all Parties to the Settlement rights and claims: first is a settlement involving the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7925 water rights claims of the Nambe, my colleagues in the Senate to see that quate health care and laboratory moni- Pojoaque, San Ildefonso, and Tesuque it gets enacted into law. The U.S. Su- toring, she is at risk of developing life- Pueblos in the Rio Pojoaque stream preme Court once characterized the threatening illnesses. system, north of Santa Fe. The second Federal Government’s responsibilities Mr. Tape and Ms. Toto applied for settlement resolves Taos Pueblo’s to Indian tribes as ‘‘moral obligation of asylum when they arrived in the U.S., water rights claims in the Rio Pueblo the highest responsibility and trust.’’ but after many years of litigation, the de Taos stream system. This bill is an attempt to ensure that claim was ultimately denied by the 9th The Rio Pojoaque stream adjudica- the Government lives up to that stand- Circuit Court of Appeals. tion is known as the Aamodt case, and ard, and does so in a manner that also Although the regime which subjected it’s my understanding that it’s the addresses the needs of the Pueblos’ Mr. Tape and Ms. Toto to imprison- longest active case in the Federal court neighbors. ment and torture is no longer in power, system nationwide. The case began in Mr. Tape has been afraid to return to 1966, and since that time has been ac- By Mrs. FEINSTEIN: Ivory Coast due to his prior association tively litigated before the district S. 3382. A bill for the relief of Guy with President Gbagbo. Mr. Tape had court in New Mexico and the Tenth Privat Tape and Lou Nazie Raymonde previously sought to promote democ- Circuit Court of Appeals. Forty years Toto; to the Committee on the Judici- racy and peace in the region in support of litigation resolved very little, cer- ary. of the current President Gbagbo’s tainly not what the parties accom- Mrs. FEINSTEIN. Mr. President, party. However, in 2006 Mr. Tape pub- plished by engaging directly with each today I am introducing a private relief lically distanced himself from Presi- other in an attempt to resolve their bill on behalf of Guy Privat Tape and dent Gbagbo’s government when he ac- differences. The Aamodt Litigation his wife Lou Nazie Raymonde Toto. Mr. cused the party of violence and corrup- Settlement Act represents an agree- Tape and Ms. Toto are citizens of the tion. As a result, Mr. Tape strongly be- ment by the parties that will 1. secure Ivory Coast, but have been living in the lieves that his family will be targeted water to meet the present and future San Francisco area of California for ap- if they return to Ivory Coast. One of the most compelling reasons needs of the four Pueblos involved in proximately 15 years. for permitting the family to remain in the litigation; 2. protect the interests The story of the Mr. Tape and Ms. the United States is the impact their and rights of long-standing water Toto is compelling and I believe they deportation would have on their two users, including century-old irrigation merit Congress’s special consideration U.S. citizen children. For Melody and practices; and 3. ensure that water is for such an extraordinary form of relief Emmanuel, the United States is the available for municipal and domestic as a private bill. Mr. Tape and Ms. Toto were sub- only country they have ever known. needs for all residents in the Pojoaque Mr. Tape believes that if the family re- basin. Negotiation of this agreement jected to numerous atrocities in the early 1990s in the Ivory Coast. After turns to Ivory Coast, these two young was a lengthy process and the parties children will be forced to enter the had to renegotiate several issues to ad- participating in a demonstration against the ruling party, they were army. dress local, State, and Federal policy This bill is the only hope for this jailed and tortured by their own gov- concerns. In the end, however, their family to remain in the United States. ernment. Ms. Toto was brutally raped commitment to solving the water sup- To send them back to Ivory Coast, by her captors and several years later ply issues in the basin prevailed. where they may face persecution and The Rio Pueblo de Taos adjudication learned that she had contracted HIV. inadequate medical treatment for their Despite the hardships that they suf- is a dispute that is almost 40 years old. illnesses would be devastating to the fered, Mr. Tape and Ms. Toto were able Similar to the Aamodt case, little has family. They are contributing members been resolved by the pending litigation. to make a better life for themselves in of their community and have embraced The parties have been in settlement the United States. Mr. Tape arrived in the American dream with their strong discussions for well over a decade but the U.S. in 1993 on a B1/B2 non-immi- work ethic and family values. I have it was not until the last 5 years that grant visa. Ms. Toto entered without received approximately 50 letters from the discussions took on the sense of ur- inspection in 1995 from Spain. Despite the church community in support of gency needed to resolve the issues at being diagnosed with HIV, Ms. Toto this family. hand. The settlement will fulfill the gave birth to two healthy children, Mr. President, I ask unanimous con- rights of the Pueblo consistent with Melody, age 10, and Emmanuel, age 6. sent that the text of the bill and let- the Federal trust responsibility, while Since arriving in the United States, ters of support be printed in the continuing the practice of sharing the this family has dedicated themselves RECORD. water necessary to protect the sustain- to community involvement and a There being no objection, the mate- ability of traditional agricultural com- strong work ethic. They pay taxes and rial was ordered to be placed in the munities. The town of Taos and other own their own home in Hercules, Cali- RECORD, as follows: local entities are also secure in their fornia. They are active members of S. 3382 ability to access the water necessary to Easter Hill United Methodist Church. Be it enacted by the Senate and House of Rep- meet municipal and domestic needs. Mr. Tape is the owner of a small busi- resentatives of the United States of America in The Taos Pueblo Indian Water Rights ness, Melody’s Carpet Cleaning & Up- Congress assembled, Settlement Act represents a common- holstery, which has four other employ- SECTION 1. PERMANENT RESIDENT STATUS FOR sense set of solutions that all parties ees. Unfortunately, in 2002, Mr. Tape GUY PRIVAT TAPE AND LOU NAZIE was diagnosed with urologic cancer. RAYMONDE TOTO. to the adjudication have a stake in im- (a) IN GENERAL.—Notwithstanding sub- plementing. While his doctor states that the cancer sections (a) and (b) of section 201 of the Im- Both settlements are widely sup- is currently in remission, he will con- migration and Nationality Act (8 U.S.C. ported in their respective commu- tinue to require life-long surveillance 1151), Guy Privat Tape and Lou Nazie nities. Moreover, the State of New to monitor for recurrence of the dis- Raymonde Toto shall each be eligible for the Mexico, under Governor Richardson’s ease. issuance of an immigrant visa or for adjust- leadership, deserves special recognition In addition to raising her two chil- ment of status to that of an alien lawfully dren, Ms. Toto obtained a certificate to admitted for permanent residence upon fil- for actively pursuing a settlement in ing an application for issuance of an immi- both of these matters and committing be a nurse’s aide and currently works grant visa under section 204 of such Act or significant resources so that the Fed- as a Resident Care Specialist at Creek- for adjustment of status to lawful permanent eral Government does not have to bear side Health Care in San Pablo, Cali- resident. the entire cost of these settlements. To fornia. She hopes to finish her school- (b) ADJUSTMENT OF STATUS.—If Guy Privat the extent that going concerns may ing so that she can become a Reg- Tape and Lou Nazie Raymonde Toto enters istered Nurse. She is currently taking the United States before the filing deadline exist by some remaining water users, I specified in subsection (c), Guy Privat Tape am committed to continuing the dialog classes at Contra Costa Community and Lou Nazie Raymonde Toto shall be con- about the value of these settlements. College. Ms. Toto continues to receive sidered to have entered and remained law- This bill is critical for New Mexico’s medical treatment for HIV. According fully in the United States and shall be eligi- future. I look forward to working with to her doctor, without access to ade- ble for adjustment of status under section

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7926 CONGRESSIONAL RECORD — SENATE July 31, 2008 245 of the Immigration and Nationality Act The U.S. Immigration and Custom En- nearly 30 years of her life as a slave on (8 U.S.C. 1255) as of the date of the enact- forcement (ICE) is deporting Guy Tape and Maryland’s eastern shore. As an adult ment of this Act. his wife, Lou Nazie Toto, back to the Ivory she took the first name Harriet, and (c) DEADLINE FOR APPLICATION AND PAY- Coast on August 5, 2008. The United States when she was 25 she married John Tub- MENT OF FEES.—Subsections (a) and (b) shall government will be returning this family apply only if the application for the issuance back to the people who jailed them, beat man. of an immigrant visa or the application for them. Harriet Tubman escaped from slavery adjustment of status is filed with appro- I am asking you to please intervene and in 1849. She did so in the dead of night, priate fees not later than 2 years after the use your power to ask ICE to reconsider this navigating the maze of tidal streams date of the enactment of this Act. couple’s petition for political asylum. and wetlands that are a hallmark of (d) REDUCTION OF IMMIGRANT VISA NUM- Thank you for your consideration in this Maryland’s Eastern Shore. She did so BERS.—Upon granting an immigrant visa or matter. alone, demonstrating courage, strength permanent residence to Guy Privat Tape and Sincerely yours, and fortitude that became her hall- Lou Nazie Raymonde Toto, the Secretary of REV. BILLYE AUSTIN, State shall instruct the proper officer to re- Pastor. marks. Not satisfied with attaining her duce by 2, during the current or next fol- p.s. America made a promise of political own freedom, she returned repeatedly lowing fiscal year, the total number of immi- asylum to the Tapes—it should keep it! for more than 10 years to the places of grant visas that are made available to na- her enslavement in Dorchester and tives of the country of birth of Guy Privat EASTER HILL Caroline counties where, under the Tape and Lou Nazie Raymonde Toto under UNITED METHODIST CHURCH, most adverse conditions, she led away section 203(a) of the Immigration and Na- Richmond, CA, June 30, 2008. many family members and other slaves tionality Act or, if applicable, the total num- Hon. DIANNE FEINSTEIN, ber of immigrant visas that are made avail- U.S. Senator, to their freedom. Tubman became able to natives of the country of birth of Guy San Francisco, CA. known as ‘‘Moses’’ by African-Ameri- Privat Tape and Lou Nazie Raymonde Toto DEAR SENATOR FEINSTEIN: The members of cans and white abolitionists. She was under section 202(e) of such Act. Easter Hill United Methodist Church are perhaps the most famous and most im- asking your assistance to prevent the depor- portant conductor in the network of re- BLACK ALLIANCE FOR tation of the Tape family on August 5, 2008. sistance known as the Underground JUST IMMIGRATION, The Tape family are faithful members of Railroad. Berkeley, CA, July 17, 2008. Easter Hill Church. The enclosed 48 letters During the Civil War, Tubman served asking for your help were signed by members Hon. DIANNE FEINSTEIN, the Union forces as a spy, a scout and U.S. Senator, of Easter Hill United Methodist Church on San Francisco, CA. Sunday, , 2008: a nurse. She served in Virginia, Flor- DEAR SENATOR FEINSTEIN: I’m writing on The following are the members who have ida, and South Carolina. She is cred- behalf of Guy Privat Tape and Raymond signed requesting your assistance for the ited with leading hundreds of slaves Tape and their three children. The Tape fam- Tape family: from those slave states to freedom dur- ily arrived in the United States in 1993 (hus- Joyce Clark; Annie Harris; Horacio ing those years. band) and 1995 (wife) as political refugees Avelino; Thelma Daniels; Augustine Wil- Following the Civil War, Tubman set- from the Ivory Coast. Both of them were im- liams; Justin M. McMath; Clara Davis; Karen tled in Auburn, New York. There she Colquitt; Meredith Withers; Malanna Wheat; prisoned, tortured and beaten, and Mrs. Tape was active in the women’s suffrage was repeatedly raped, while in the Ivory Jay Jackson; Dr. Robert Anderson; Monique Coast. As a consequence, she is HIV positive. Lee; Edward Colquitt; Cecile Smith; Dr. movement, and she also established the They were very fortunate to escape with Corann Withers; and Ila Warner. one of the first incorporated homes for their lives. On the facts, they seem to have Pauline Wesley; Zachary Harris; Shirley aged African-Americans. In 1903 she be- a strong case for political sanctuary since Haney; Nicole Kelly; Charlesetta Cannady; queathed the home to the African the same forces are in power in their home- Sylvester Weaver; Bennie Smith; Joan Dan- Methodist Episcopal Zion Church in land. iels; Valree Wilson; Dr. Nannette Finley Auburn. Harriet Tubman died in Au- Recently the Tape family received the ter- Hancock; Adolphus Benjamin; Harriet M. burn in 1913 and she is buried there in rifying notice from the Immigration and Brown; Beverly Hardy; Ernest Baffo-Gyan; Customs Enforcement (ICE) that on August 6 Bassey Effiong; and Girlee Parr. the Fort Hill Cemetery. they should report to be deported. It is out- Gladys Harvey; Alfred J. Daniels, Jr.; Shei- Slaves were forced to live in primi- rageous that our government is about to la Phillips; Renee Lowery; James Bell; Ves- tive buildings even though many were send this family into a dangerous situation. per Wheat; William Harris; Napoleon Britt; skilled tradesmen who constructed the And the impact upon the two children will be Todd Wheat; Carolyn Benjamin; Samuel Har- substantial homes of their owners. Not devastating. vey; Cassandra Clarke; Sharon Nash Haynes; surprisingly, few of the structures as- Please intervene and use your power to ask Ena A. Harris; Eloise Hewitt; and Frank sociated with the early years of Tub- ICE to reconsider their petition for political Fisher. man’s life still stand. The landscapes of asylum. Thank you for your attention to Thank you, this matter. MYRTLE BRAXTON ELLINGTON, the Eastern Shore of Maryland, how- Sincerely, Church & Society Chairperson. ever, remain evocative of the time that GERALD LENOIR, Tubman lived there. Farm fields and Director. By Mr. CARDIN (for himself, Mrs. forests dot the landscape, which is also CLINTON, Ms. MIKULSKI, and Mr. notable for its extensive network of JUNE 29, 2008. SCHUMER): tidal rivers and wetlands. In particular, Hon. DIANNE FEINSTEIN, S. 3383. A bill to establish the Harriet a number of properties including the U.S. Senator, Tubman National Historical Park in homestead of Ben Ross, her father, San Francisco, CA. DEAR SENATOR FEINSTEIN: I am writing Auburn, New York, and the Harriet Stewart’s Canal, where he worked, the this letter on behalf of Guy Privat Tape and Tubman Underground Railroad Na- Brodess Farm, where she worked as a his wife, Lou Nazie Toto and their two chil- tional Historical Park in Caroline, Dor- slave, and others are within the bound- dren. Guy Tape arrived in the United States chester, and Talbot Counties, Mary- aries of the Blackwater National Wild- in 1993 and his wife, Lou Nazie Toto, arrived land, and for other purposes; to the life Refuge. in 1995 as political refugees from the Ivory Committee on Energy and Natural Re- Similarly, Poplar Neck, the planta- Coast. In 1995 they applied for political asy- sources. tion from which she escaped to free- lum. They became members of Easter Hill Mr. CARDIN. Mr. President, today I dom, is still largely intact in Caroline United Methodist Church in Richmond, Cali- am proud to introduce The Harriet County. The properties in Talbot Coun- fornia shortly after they arrived in the Tubman National Historical Park and ty, immediately across the Choptank United States and have been faithful and The Harriet Tubman Underground River from the plantation, are today loyal members since that time. They are the Railroad National Historical Park Act. protected by various conservation ease- proud parents of two children who are United I am joined by Mrs. CLINTON, Ms. MI- ments. Were she alive today, Tubman States Citizens. Their daughter sings in the KULSKI, and Mr. SCHUMER as original would recognize much of the landscape children’s choir and is a member of the chil- cosponsors. that she knew intimately as she se- dren’s usher board. Guy Tape is self employed and Lou Nazie The woman, who is known to us as cretly led black men, women and chil- Toto is employed as a CNA (Nurse’s Assist- Harriet Tubman, was born Araminta, dren to their freedom. ant). They own their own home and are pro- Minty, Ross approximately 1822 in Dor- In New York, on the other hand, ductive taxpayers. chester County, Maryland. She spent many of the buildings associated with

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7927 Tubman’s life remain intact. Her per- Finally, the bill also authorizes a for aged African Americans in the United sonal home, as well as the Tubman new grants program. Under the pro- States, which, 10 years before her death, she Home for the Aged, the church and rec- gram, the National Park Service would bequeathed to the African Methodist Epis- tory of the Thompson Memorial AME award competitive grants to histori- copal Zion Church; Zion Episcopal Church, and the Fort (7) there are nationally significant re- cally Black colleges and universities, sources comprised of relatively unchanged Hill Cemetery are all extant. predominately Black institutions, and landscapes associated with the early life of In 1999, the Congress approved legis- minority serving institutions for re- Harriet Tubman in Caroline, Dorchester, and lation authorizing a Special Resource search into the life of Harriet Tubman Talbot Counties, Maryland; Study to determine the appropriate- and the African-American experience (8) there are nationally significant re- ness of establishing a unit of the Na- during the years that coincide with the sources relating to Harriet Tubman in Au- tional Park Service to honor Harriet life of Harriet Tubman. The legislation burn, New York, including— Tubman. The Study has taken an ex- authorizes $200,000 annually for this (A) the residence of Harriet Tubman; (B) the Tubman Home for the Aged; ceptionally long time to complete, in scholarship program. part because of the lack of remaining (C) the Thompson Memorial AME Zion Harriet Tubman was a true American Church; and structures on Maryland’s Eastern patriot. She was someone for whom lib- (D) the final resting place of Harriet Tub- Shore. There has never been any doubt erty and freedom were not just con- man in Fort Hill Cemetery; that Tubman led an extraordinary life. cepts. She lived those principles and (9) in developing interpretive programs, Her contributions to American history shared that freedom with hundreds of the National Park Service would benefit are surpassed by few. Determining the others. In doing so, she has earned a from increased scholarship of the African- most appropriate way to recognize that nation’s respect and honor. That is why American experience during the decades pre- life and her contributions, however, ceding the Civil War and throughout the re- I am so proud to introduce this legisla- mainder of the 19th century; and has been more difficult. Eventually, tion, establishing the Harriet Tubman the Park Service came to realize that (10) it is fitting and proper that the nation- National Historical Park and the Har- ally significant resources relating to Harriet determined that a Park that would in- riet Tubman Underground Railroad Na- Tubman be preserved for future generations clude two geographically separate tional Historical Park. as units of the National Park System so that units would be appropriate. The New Mr. President, I ask unanimous con- people may understand and appreciate the York unit would include the tightly sent that the text of the bill be printed contributions of Harriet Tubman to the his- clustered Tubman buildings in Auburn. in the RECORD. tory and culture of the United States. The Maryland portion would include There being no objection, the text of (b) PURPOSES.—The purposes of this Act large sections of landscapes that are the bill was ordered to be printed in are— (1) to preserve and promote stewardship of evocative of Tubman’s time and are the RECORD, as follows: historically relevant. The Special Re- the resources in Auburn, New York, and S. 3383 Caroline, Dorchester, and Talbot Counties, source Study will be finalized and re- Be it enacted by the Senate and House of Rep- leased later this year. Maryland, relating to the life and contribu- resentatives of the United States of America in tions of Harriet Tubman; THE HARRIET TUBMAN NATIONAL HISTORICAL Congress assembled, (2) to provide for partnerships with the Af- PARK AND THE HARRIET TUBMAN UNDER- SECTION 1. SHORT TITLE. rican Methodist Episcopal Zion Church, the GROUND RAILROAD NATIONAL HISTORICAL This Act may be cited as the ‘‘Harriet Tub- States of New York and Maryland, political PARK ACT man National Historical Park and Harriet subdivisions of the States, the Federal Gov- The legislation I am introducing Tubman Underground Railroad National His- ernment, local governments, nonprofit orga- today establishes two parks. The Har- torical Park Act’’. nizations, and private property owners for riet Tubman National Historical Park SEC. 2. FINDINGS; PURPOSES. resource protection, research, interpreta- includes important historical struc- (a) FINDINGS.—Congress finds that— tion, education, and public understanding tures in Auburn, New York. They in- (1) Harriet Tubman (born Araminta and appreciation of the life and contribu- clude Tubman’s home, the Home for ‘‘Minty’’ Ross)— tions of Harriet Tubman; the Aged that she established, the Afri- (A) was born into slavery in Maryland (3) to sustain agricultural and forestry around 1822; land uses in Caroline, Dorchester, and Talbot can Methodist Episcopal AME Zion (B) married John Tubman at age 25; Counties, Maryland, that remain evocative Church, and the Fort Hill Cemetery (C) endured through her youth and young of the landscape during the life of Harriet where she is buried. adulthood the hardships of enslaved African Tubman; and The Harriet Tubman Underground Americans; and (4) to establish a competitive grants pro- Railroad National Historical Park in- (D) boldly emancipated herself from bond- gram for scholars of African-American his- cludes historically important land- age in 1849; tory relating to Harriet Tubman and the Un- scapes in Dorchester, Caroline and Tal- (2) not satisfied with attaining her own derground Railroad. bot counties, Maryland, that are evoc- freedom, Harriet Tubman— SEC. 3. DEFINITIONS. (A) returned repeatedly for more than 10 ative of the life of Harriet Tubman. In this Act: years to the places of her enslavement in The Maryland properties include about (1) CHURCH.—The term ‘‘Church’’ means Dorchester and Caroline Counties, Maryland; the Thompson Memorial AME Zion Church 2,200 acres in Caroline County that and located in Auburn, New York. comprise the Poplar Neck plantation (B) under the most adverse circumstances (2) HISTORICALLY BLACK COLLEGE OR UNI- that Tubman escaped from in 1849. The led away many family members and ac- VERSITY.—The term ‘‘historically Black col- 725 acres of viewshed across the quaintances to freedom in the northern re- lege or university’’ has the meaning given Choptank River in Talbot County gion of the United States and Canada; the term ‘‘part B institution’’ in section 322 (3) Harriet Tubman was— would also be included in the Park. In of the Higher Education Act of 1965 (20 U.S.C. (A) called ‘‘Moses’’ by African-Americans Dorchester County, the parcels would 1061)). and white abolitionists; and not be contiguous, but would include (3) PREDOMINANTLY BLACK INSTITUTION.— (B) acknowledged as 1 of the most promi- about 2,775 acres. All of them are in- The term ‘‘Predominantly Black Institu- nent ‘‘conductors’’ of the resistance that tion’’ has the meaning given the term in sec- cluded within the Blackwater National came to be known as the ‘‘Underground Rail- tion 499A(c) of the Higher Education Act of Wildlife Refuge boundaries or abut that road’’; 1965 (20 U.S.C. 1099e(c)). resource land. The National Park Serv- (4) in 1868, Frederick Douglass wrote that, (4) SECRETARY.—The term ‘‘Secretary’’ ice would not own any of these lands. with the exception of John Brown, Douglass means the Secretary of the Interior. The bill authorizes $7.5 million in knew of ‘‘no one who has willingly encoun- (5) VISITOR CENTER.—The term ‘‘Visitor tered more perils and hardships to serve our grants for the New York properties for Center’’ means the Harriet Tubman Under- enslaved people’’ than Harriet Tubman; their preservation, rehabilitation, and ground Railroad State Park Visitor Center (5) during the Civil War, Harriet Tubman— restoration of those resources. to be constructed under section 5(d). The bill authorizes $11 million in (A) was recruited to assist Union troops as grants for the Maryland section. Funds a nurse, a scout, and a spy; and SEC. 4. ESTABLISHMENT OF HARRIET TUBMAN (B) served in Virginia, Florida, and South NATIONAL HISTORICAL PARK. can be used for the construction of the Carolina, where she is credited with facili- (a) ESTABLISHMENT.—On the execution of State Harriet Tubman Park Visitors tating the rescue of hundreds of enslaved easements with the Church, the Secretary Center and/or for easements or acquisi- people; shall— tion of properties inside or adjacent to (6) Harriet Tubman established in Auburn, (1) establish the Harriet Tubman National the Historical Park boundaries. New York, 1 of the first incorporated homes Historical Park (referred to in this section as

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7928 CONGRESSIONAL RECORD — SENATE July 31, 2008 the ‘‘Historical Park’’) in the City of Au- Historical Park–Proposed Boundary’’, num- tion of the general management plan for the burn, New York, as a unit of the National bered øllll¿, and dated ølllll¿. Historical Park with— Park System; and (2) ADDITIONAL SITES.—The Secretary, after (A) the Harriet Tubman National Histor- (2) publish notice of the establishment of consultation with landowners, the State of ical Park in Auburn, New York; the Historical Park in the Federal Register. Maryland, and units of local government, (B) the National Underground Railroad: (b) BOUNDARY.— may modify the boundary of the Historical Network to Freedom; (1) IN GENERAL.—The Historical Park shall Park to include additional resources relating (C) the Maryland Harriet Tubman Under- be comprised of structures and properties as- to Harriet Tubman that— ground Railroad State Park; and sociated with the Harriet Tubman home, the (A) are located within the vicinity of the (D) the Harriet Tubman Underground Rail- Tubman Home for the Aged, the Church, and Historical Park; and road Byway in Dorchester and Caroline the Rectory, as generally depicted on the (B) are identified in the general manage- Counties, Maryland. map entitled ‘‘Harriet Tubman National His- ment plan prepared under subsection (g) as (3) PRIORITY TREATMENT.—The general torical Park–Proposed Boundary’’, numbered appropriate for interpreting the life of Har- management plan for the Historical Park øllll¿, and dated ølll¿. riet Tubman. shall give priority to the adequate protec- (2) AVAILABILITY OF MAP.—The map de- (3) AVAILABILITY OF MAP.—On modification tion of, interpretation of, public apprecia- scribed in paragraph (1) shall be available for of the boundary of the Historical Park under tion for, archaeological investigation of, and public inspection in the appropriate offices paragraph (2), the Secretary shall make research on Stewart’s Canal, the Jacob Jack- of the National Park Service. available for public inspection in the appro- son home site, the Brodess Farm, the Ben (c) ACQUISITION OF LAND.—The Secretary priate offices of the National Park Service a Ross and Anthony Thompson properties on may acquire from willing sellers, by dona- revised map of the Historical Park. Harrisville Road, and the James Cook site, tion, purchase with donated or appropriated (c) ACQUISITION OF LAND.—The Secretary all of which are privately owned and located funds, or exchange, land or interests in land may acquire from willing sellers, by dona- in the Blackwater National Wildlife Refuge. within the boundary of the Historical Park. tion, purchase with donated or appropriated (h) BLACKWATER NATIONAL WILDLIFE REF- (d) FINANCIAL ASSISTANCE.—The Secretary funds, or exchange, land or an interest in UGE.— may provide grants to, and enter into coop- land within the boundaries of the Historical (1) INTERAGENCY AGREEMENT.—The Sec- erative agreements with— Park. retary shall ensure that, not later than 1 (1) the Church for— (d) GRANTS.—In accordance with section year after the date of enactment of this Act, (A) historic preservation of, rehabilitation 7(b)(2), the Secretary may provide grants— the National Park Service and the United of, research on, and maintenance of prop- (1) to the State of Maryland, political sub- States Fish and Wildlife Service enter into erties within the boundary of the Historical divisions of the State, and nonprofit organi- an interagency agreement that— Park; and zations for the acquisition of less than fee (A) promotes and mutually supports the (B) interpretation of the Historical Park; title (including easements) or fee title to compatible stewardship and interpretation of (2) the Fort Hill Cemetery Association for land in Caroline, Dorchester, and Talbot Harriet Tubman resources at the Blackwater maintenance and interpretation of the Counties, Maryland, within the boundary of National Wildlife Refuge; and gravesite of Harriet Tubman; and the Historical Park; and (B) provides for the maximum level of co- (3) the State of New York, any political (2) on execution of a memorandum of un- operation between those Federal agencies to subdivisions of the State, the City of Au- derstanding between the State of Maryland further the purposes of this Act. burn, and nonprofit organizations for— and the Director of the National Park Serv- (2) EFFECT OF ACT.—Nothing in this Act (A) preservation and interpretation of re- ice, to the State of Maryland for the con- modifies, alters, or amends the authorities of sources relating to Harriet Tubman in the struction of the Harriet Tubman Under- the United States Fish and Wildlife Service City of Auburn, New York; ground Railroad State Park Visitor Center in the administration and management of (B) conducting research, including archae- on land owned by the State of Maryland in the Blackwater National Wildlife Refuge. ological research; and Dorchester County, Maryland, subject to the SEC. 6. ADMINISTRATION. (C) providing for stewardship programs, condition that the State of Maryland provide (a) IN GENERAL.—The Secretary shall ad- education, public access, signage, and other the Director of the National Park Service, at minister the Harriet Tubman National His- interpretive devices at the Historical Park no additional cost, sufficient office space and torical Park and the Harriet Tubman Under- for interpretive purposes. exhibition areas in the Visitor Center to ground Railroad National Historical Park in (e) INTERPRETATION.—The Secretary may carry out the purposes of the Historical accordance with this Act and the laws gen- provide interpretive tours to sites located Park. erally applicable to units of the National outside the boundaries of the Historical Park (e) FINANCIAL ASSISTANCE.—The Secretary Park System including— in Auburn, New York, that include resources may provide grants to, and enter into coop- (1) the National Park Service Organic Act relating to Harriet Tubman. erative agreements with, the State of Mary- (16 U.S.C. 1 et seq.); and (f) GENERAL MANAGEMENT PLAN.— land, political subdivisions of the State, non- (2) the Act of August 21, 1935 (16 U.S.C. 461 (1) IN GENERAL.—Not later than 3 years profit organizations, colleges and univer- et seq.). after the date on which funds are made avail- sities, and private property owners for— (b) PARK REGULATIONS.—Notwithstanding able to carry out this subsection, the Sec- (1) the restoration or rehabilitation, public subsection (a), regulations and policies appli- retary, in cooperation with the Church, shall use, and interpretation of sites and resources cable to units of the National Park System complete a general management plan for the relating to Harriet Tubman; shall apply only to Federal land adminis- Historical Park in accordance with section (2) the conduct of research, including ar- trated by the National Park Service that is 12(b) of Public Law 91–383 (16 U.S. C. 1a–7(b)). chaeological research; located within the boundary of the Harriet (2) COORDINATION.—The Secretary shall co- (3) providing stewardship programs, edu- Tubman Underground Railroad National His- ordinate the preparation and implementa- cation, signage, and other interpretive de- torical Park. tion of the general management plan for the vices at the sites and resources for interpre- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Harriet Tubman National Historical Park tive purposes; and (a) IN GENERAL.—There are authorized to with— (4)(A) the design and construction of the be appropriated such sums as are necessary (A) the Harriet Tubman Underground Rail- Visitor Center; and to carry out this Act (other than subsection road National Historical Park in Maryland; (B) the operation and maintenance of the (b)), including the provision of National Park and Visitor Center. Service personnel and National Park Service (B) the National Underground Railroad: (f) INTERPRETATION.—The Secretary may management funds for the Harriet Tubman Network to Freedom. provide interpretive tours to sites and re- National Historical Park and the Harriet SEC. 5. ESTABLISHMENT OF THE HARRIET TUB- sources located outside the boundary of the Tubman Underground Railroad National His- MAN UNDERGROUND RAILROAD NA- Historical Park in Caroline, Dorchester, and torical Park. TIONAL HISTORICAL PARK. Talbot Counties, Maryland, relating to the (b) GRANTS.—There are authorized to be (a) ESTABLISHMENT.—There is established life of Harriet Tubman and the Underground appropriated not more than— as a unit of the National Park System the Railroad. (1) $7,500,000 to provide grants to the Harriet Tubman Underground Railroad Na- (g) GENERAL MANAGEMENT PLAN.— Church for— tional Historical Park (referred to in this (1) IN GENERAL.—Not later than 3 years (A) historic preservation, rehabilitation, section as the ‘‘Historical Park’’) in Caro- after the date on which funds are made avail- and restoration of resources within the line, Dorchester, and Talbot Counties, Mary- able to carry out this subsection, the Sec- boundary of the Harriet Tubman National land. retary, in coordination with the State of Historical Park; and (b) BOUNDARY.— Maryland, political subdivisions of the (B) the costs of design, construction, in- (1) IN GENERAL.—The boundary of the His- State, and the United States Fish and Wild- stallation, and maintenance of exhibits and torical Park shall consist of certain land- life Service, shall complete a general man- other interpretive devices authorized under scapes and associated resources relating to agement plan for the Historical Park in ac- section 4(d)(1)(B); the early life and enslavement of Harriet cordance with section 12(b) of Public Law 91– (2) $11,000,000 for grants to the State of Tubman and the Underground Railroad, as 383 (16 U.S. C. 1a–7(b)). Maryland for activities authorized under generally depicted on the map entitled ‘‘Har- (2) COORDINATION.—The Secretary shall co- subsections (d)(1) and (e)(4)(A) of section 5; riet Tubman Underground Railroad National ordinate the preparation and implementa- and

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7929 (3) $200,000 for fiscal year 2009 and each fis- who can’t pay for the gas they need to vestments. To remedy this, we propose cal year thereafter for competitive grants to get to work, or who are struggling to that OMB create what my staff and I historically Black colleges and universities, put food on their table. have come to call an ‘‘IT Strike Predominately Black Institutions, and mi- To illustrate my point further, this Team.’’ This team would be comprised nority serving institutions for research into the life of Harriet Tubman and the African- chamber had to include emergency of known individuals inside and outside American experience during the years that funding in the last supplemental appro- government who have records of suc- coincide with the life of Harriet Tubman. priations bill to bail out the Census cessfully managing complex IT (c) COST-SHARING REQUIREMENT.— Bureau’s 2010 operations. They had projects. If an agency or OMB recog- (1) CHURCH AND VISITOR CENTER GRANTS.— been planning for more than a decade nizes that an investment is beginning The Federal share of the cost of activities to use advanced handheld computers to to experience problems, the team provided grants under paragraph (1) or (2) of verify addresses and follow up with would come in make sure the project is subsection (b) and any maintenance, con- households who don’t send their census brought online or scrapped before more struction, or utility costs incurred pursuant forms in on time. My colleagues and I money is wasted. to a cooperative agreement entered into I look forward to working with my under section 4(d)(1)(A) or section 5(e) shall on the Homeland Security and Govern- not be more than 50 percent. mental Affairs Committee heard, how- colleagues to get these important and (2) HISTORICALLY BLACK COLLEGES AND UNI- ever, that Census Bureau officials necessary reforms enacted. I think I VERSITIES.—The Federal share of the cost of failed to define what they need out of speak for all of us when I say that in- activities provided assistance under sub- the handheld project and, as a result, vesting in IT systems is important. But section (b)(3) shall be not more than 75 per- the contractor was having trouble de- these investments shouldn’t come with cent. livering a product that could work. We wasted time and money that they all (3) FORM OF NON-FEDERAL SHARE.—The non- held two hearings to try and get to the too often bring. In tight fiscal times Federal share required under this subsection like these, we need to make sure the may be in the form of in-kind contributions bottom of the problem and find a solu- of goods or services fairly valued. tion but, at the end of the day, the money we do invest is spent wisely. Census Bureau had to scrap the Mr. President, I ask unanimous con- By Mr. CARPER (for himself, Ms. handheld project and go with the same sent that the text of the bill be printed COLLINS, Mr. LIEBERMAN, Mr. expensive and inefficient ‘‘pen and in the RECORD. There being no objection, the text of COLEMAN, and Mrs. MCCASKILL): paper’’ counting method that they the bill was ordered to be printed in S. 3384. A bill to amend section 11317 have used for centuries. The cost of the RECORD, as follows: of title 40, United States Code, to re- this failure on the part of the Census quire greater accountability for cost Bureau is expected to total in the bil- S. 3384 overruns on Federal IT investment lions. Be it enacted by the Senate and House of Rep- projects; to the Committee on Home- resentatives of the United States of America in This extra money that the Census Congress assembled, land Security and Governmental Af- Bureau will need to spend between now SECTION 1. SHORT TITLE. fairs. and 2010 could have been used to im- This Act may be cited as the ‘‘Information Mr. CARPER. Mr President, I rise prove the quality of the final count by Technology Investment Oversight Enhance- today with my colleagues on the Home- outreaching to historically-under- ment and Waste Prevention Act of 2008’’. land Security and Governmental Af- counted groups. In fact, it could have SEC. 2. IT INVESTMENT PROJECTS. fairs Committee to introduce the Infor- been used for any number of worth- (a) SIGNIFICANT AND GROSS DEVIATIONS.— mation Technology Oversight Enhance- while purposes. Section 11317 of title 40, United States Code, ment and Waste Prevention Act of 2008. My colleagues and I on the Homeland is amended to read as follows: With a long name like that, you ‘‘SEC. 11317. SIGNIFICANT AND GROSS DEVI- Security and Governmental Affairs ATIONS. would hope that it is addressing a very Committee’s Subcommittee on Federal ‘‘(a) DEFINITIONS.—In this subchapter: serious problem. Well I assure you, Financial Management, which I chair, ‘‘(1) AGENCY HEAD.—The term ‘Agency that it is. have held three hearings on the issue of Head’ means the head of the Federal agency Every year agencies spend billions of troubled IT projects now, including one that is primarily responsible for the IT in- dollars on IT investments that—if this morning. And what we’ve learned vestment project under review. planned and implemented properly— is that some agencies can’t keep the ‘‘(2) ANSI EIA–748 STANDARD.—The term can increase productivity, reduce costs, expected cost of their investments ‘ANSI EIA–748 Standard’ means the measure- and improve efficiency. As everyone ment tool jointly developed by the American down or deliver on time as promised. National Standards Institute and the Elec- knows, information technology has be- Nor do these agencies, in many cases, tronic Industries Alliance to analyze earned come a cornerstone of the way we con- have qualified IT experts they can turn value management systems. duct business. Just look at the rise in to before a project spirals out of con- ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- popularity of Blackberries, not only trol. The bill Senators LIEBERMAN, TEES.—The term ‘appropriate congressional outside these walls, but right here in COLLINS and I have put forward today committees’ means— the Senate. addresses these issues. ‘‘(A) the Committee on Homeland Security In fiscal year 2009, agencies are plan- Our bill starts by requiring agencies and Governmental Affairs of the Senate; ning to spend almost $71 billion to im- ‘‘(B) the Committee on Oversight and Gov- to inform Congress when an invest- ernment Reform of the House of Representa- prove their financial systems for better ment begins to see increased costs, tives; reporting, streamline their grant proc- schedule delays, or performance defi- ‘‘(C) the Committee on Appropriations of esses, and reduce wasteful paper appli- ciencies outside of 20 percent of the the Senate; cations. And this is a good thing. original plan. ‘‘(D) the Committee on Appropriations of However, the Government Account- Our bill would also require agencies the House of Representatives; and ability Office has reported for several to inform Congress if an investment ex- ‘‘(E) any other relevant congressional com- years that many of these investments ceeds 40 percent of their original plan, mittee with jurisdiction over an agency re- are poorly planned, poorly per- and require the agency head to conduct quired to take action under this section. forming—or in some cases—both. Yet, ‘‘(4) CHIEF INFORMATION OFFICER.—The term an analysis that determines whether ‘Chief Information Officer’ means the Chief agencies continue to fund these risky we should continue to fund this invest- Information Officer designated under section investments without any oversight or ment or just pull the plug. 3506(a)(2) of title 44 of the Federal agency accountability. In fact, I was surprised Many agencies today simply rewrite that is primarily responsible for the IT in- to hear GAO report that $25.2 billion is their plans when they run into trouble. vestment project under review. at danger of being wasted because They don’t tell Congress that anything ‘‘(5) CORE IT INVESTMENT PROJECT.—The agencies failed to properly plan or is wrong and the troubled projects just terms ‘core IT investment project’ and ‘core manage their investments. keep getting funded year in and year project’ mean a mission critical IT invest- Mr. President, $25.2 billion may not ment project jointly designated as such by out. the Agency Head and the Director under sub- be a very large sum of money when you Finally and perhaps most impor- section (b). compare it to what we spend every tantly, our bill recognizes that, many ‘‘(6) DIRECTOR.—The term ‘Director’ means year, but I assure you that it is a very times, agencies lack the experience the Director of the Office of Management real sum of money to those families necessary to manage complex IT in- and Budget.

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‘‘(7) GROSSLY DEVIATED.—The term ‘grossly nology to meet primary project technical re- Government Accountability Office that in- deviated’ means cost, schedule, or perform- quirements. cludes— ance variance that is at least 40 percent from ‘‘(2) EXCEPTION.—If the Agency Head and ‘‘(A) written notification of such deter- the Original Baseline. the Director jointly determine that fewer mination; ‘‘(8) INDEPENDENT COST ESTIMATE.—The than 5 IT investment projects meet the cri- ‘‘(B) the date on which such determination term ‘independent cost estimate’ means a teria described in paragraph (1), the Direc- was made; pragmatic and neutral analysis, assessment, tor— ‘‘(C) the amount of the cost increases and and quantification of all costs and risks as- ‘‘(A) may provide the agency with written the extent of the schedule delays with re- sociated with the acquisition of an IT invest- authorization to designate fewer than 5 spect to such project; ment project, which— projects; and ‘‘(D) any requirements that— ‘‘(A) is based on programmatic and tech- ‘‘(B) shall submit a report to the appro- ‘‘(i) were added subsequent to the original nical specifications provided by the office priate congressional committees that con- contract; or within the agency with primary responsi- tains notice of, and justification for, any ‘‘(ii) were originally contracted for, but bility for the development, procurement, and such authorization. were changed by deferment or deletion from delivery of the project; ‘‘(c) COST, SCHEDULE, AND PERFORMANCE the original schedule, or were otherwise no ‘‘(B) is formulated and provided by an enti- REPORTS.— longer included in the requirements con- ty other than the office within the agency ‘‘(1) QUARTERLY REPORTS.—Not later than 7 tracted for; with primary responsibility for the develop- days after the end of each fiscal quarter, the ‘‘(E) an explanation of the differences be- ment, procurement, and delivery of the project manager for an IT investment tween— project; project shall submit a written report to the ‘‘(i) the estimate at completion between ‘‘(C) contains sufficient detail to inform Chief Information Officer that includes, as of the project manager, any contractor, and the selection of a baseline benchmark meas- the last day of the applicable quarter— any independent analysis; and ure under the ANSI EIA–748 standard; and ‘‘(A) a description of the cost, schedule, ‘‘(ii) the original budget at completion; ‘‘(D) accounts for the full life cycle cost and performance of all projects under the ‘‘(F) the rough order of magnitude of the plus associated operations and maintenance project manager’s supervision; costs of any reasonable alternative system, expenses over the usable life of the project’s ‘‘(B) the original and current project cost, or reasonable alternative approach to estab- deliverables. schedule, and performance benchmarks for lishing an equivalent outcome or capability; each project under the project manager’s su- ‘‘(9) IT INVESTMENT PROJECT.—The terms ‘‘(G) a statement of the reasons underlying pervision; ‘IT investment project’ and ‘project’ mean the project’s significant deviation; ‘‘(C) the cost, schedule, or performance an information technology system or acqui- ‘‘(H) the identities of the project managers variance related to each IT investment sition that— responsible for program management and project under the project manager’s super- ‘‘(A) requires special management atten- cost control of the program; and vision since the commencement of the con- tion because of its importance to the mission ‘‘(I) a summary of the plan of action to tract; or function of the agency, a component of remedy the significant deviation. ‘‘(D) for each project under the project the agency, or another organization; ‘‘(3) DEADLINE.— manager’s supervision, any known, expected, ‘‘(A) NOTIFICATION BASED ON QUARTERLY RE- ‘‘(B) is for financial management and obli- or anticipated changes to project schedule PORT.—If the determination of significant de- gates more than $500,000 annually; milestones or project performance bench- viation is based on a report submitted under ‘‘(C) has significant program or policy im- marks included as part of the original or cur- subsection (b)(1), the Agency Head shall no- plications; rent baseline description; and tify Congress in accordance with paragraph ‘‘(D) has high executive visibility; ‘‘(E) the current cost, schedule, and per- (2) not later than 14 days after the end of the ‘‘(E) has high development, modernization, formance status of all projects under super- quarter upon which such report is based. or enhancement costs; vision that were previously identified as sig- ‘‘(B) NOTIFICATION BASED ON INTERIM RE- ‘‘(F) is funded through other than direct nificantly deviated or grossly deviated. PORT.—If the determination of significant de- appropriations; or ‘‘(2) INTERIM REPORTS.—If the project man- viation is based on a report submitted under ‘‘(G) is defined as major by the agency’s ager for an IT investment project determines subsection (b)(2), the Secretary shall notify capital planning and investment control that there is reasonable cause to believe that Congress in accordance with paragraph (2) process. an IT investment project has significantly not later than 14 days after the submission of ‘‘(10) LIFE CYCLE COST.—The term ‘life deviated or grossly deviated since the such report. cycle cost’ means the total cost of an IT in- issuance of the latest quarterly report, the ‘‘(e) DETERMINATION OF GROSS DEVIATION.— vestment project for planning, research and project manager shall submit to the Chief In- ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re- development, modernization, and enhance- formation Officer, not later than 7 days after ceiving a report under subsection (c), the ment. such determination, a report on the project Chief Information Officer shall— ‘‘(11) ORIGINAL BASELINE.— that includes, as of the date of the report— ‘‘(A) determine if any IT investment ‘‘(A) IN GENERAL.—Except as provided ‘‘(A) a description of the original and cur- project has grossly deviated; and under subparagraph (B), the term ‘Original rent program cost, schedule, and perform- ‘‘(B) report any such determination to the Baseline’ means the ANSI EIA–748 Standard- ance benchmarks; Agency Head. compliant cost, schedule, and performance ‘‘(B) the cost, schedule, or performance ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the benchmark established at the commence- variance related to the IT investment Chief Information Officer determines under ment of an IT investment project contract. project since the commencement of the con- paragraph (1) that an IT investment project ‘‘(B) GROSSLY DEVIATED PROJECT.—If an IT tract; has grossly deviated and the Agency Head investment project grossly deviates from its ‘‘(C) any known, expected, or anticipated has not issued a report to the appropriate Original Baseline (as defined in subpara- changes to the project schedule milestones congressional committees of a gross devi- graph (A)), the term ‘Original Baseline’ or project performance benchmarks included ation for that project under this section means the ANSI EIA–748 Standard-compliant as part of the original or current baseline de- since the project was last required to be re- cost, schedule, and performance benchmark scription; and baselined under this section, the Agency established under subsection (e)(3)(C). ‘‘(D) the major reasons underlying the sig- Head shall submit a report to the appro- ‘‘(12) SIGNIFICANTLY DEVIATED.—The term nificant or gross deviation of the project. priate congressional committees and to the ‘significantly deviated’ means cost, schedule, ‘‘(d) DETERMINATION OF SIGNIFICANT DEVI- Government Accountability Office that in- or performance variance that is at least 20 ATION.— cludes— percent from the Original Baseline. ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re- ‘‘(A) written notification of such deter- ‘‘(b) CORE IT INVESTMENT PROJECTS.— ceiving a report under subsection (c), the mination, which states— ‘‘(1) DESIGNATION.—Except as provided Chief Information Officer shall— ‘‘(i) the date on which such determination under paragraph (2), each Agency Head and ‘‘(A) determine if any IT investment was made; and the Director shall jointly designate not project has significantly deviated; and ‘‘(ii) an indication of whether or not the fewer than 5 of the agency’s most mission ‘‘(B) report such determination to the project has been previously reported as a sig- critical IT investment projects as ‘core IT Agency Head. nificant or gross deviation by the Chief In- investment projects’ or ‘core projects’, after ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the formation Officer, and the date of any such considering, among other factors— Chief Information Officer determines under report; ‘‘(A) whether the project represents a high- paragraph (1) that an IT investment project ‘‘(B) incorporations by reference of all dollar value relative to the average IT in- has significantly deviated and the Agency prior reports to Congress on the project re- vestment project in the agency’s portfolio; Head has not issued a report to the appro- quired under this section; ‘‘(B) whether the project delivers a capa- priate congressional committees of a signifi- ‘‘(C) updated accounts of the items de- bility critical to the successful completion of cant deviation for that project under this scribed in subparagraphs (C) through (H) of the agency mission, or a portion of such mis- section since the project was last required to subsection (d)(2); sion; and be re-baselined under this section, the Agen- ‘‘(D) the original estimate at completion ‘‘(C) whether the project incorporates cy Head shall submit a report to the appro- for the project manager, any contractor, and unproven or previously undeveloped tech- priate congressional committees and to the any independent analysis;

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7931 ‘‘(E) a graphical depiction of actual cost ‘‘(D) the project is designated as a core IT ter that details the changes and describes variance since the commencement of the investment project and subjected to the re- the impact the changes will have on the cost contract; quirements under subsection (f). and ultimate effectiveness of the project. ‘‘(F) the amount, if any, of incentive award ‘‘(4) DEADLINE AND FUNDING CONTINGENCY.— ‘‘(3) ALTERNATIVE SIGNIFICANT DEVIATION fees any contractor has received since the ‘‘(A) NOTIFICATION AND REMEDIAL ACTION DETERMINATION.—If the Chief Information Of- commencement of the contract and the rea- BASED ON QUARTERLY REPORT.— ficer determines, subsequent to a change in sons for receiving such award fees; ‘‘(i) IN GENERAL.—If the determination of the primary business case or key functional ‘‘(G) the project manager’s estimated cost gross deviation is based on a report sub- requirements, that without such change the at completion and estimated completion mitted under subsection (c)(1), the Agency project would have significantly deviated— date for the project if current requirements Head shall— ‘‘(A) the Chief Information Officer shall are not modified; ‘‘(I) not later than 45 days after the end of notify the Agency Head of the significant de- ‘‘(H) the project manager’s estimated cost the quarter upon which such report is based, viation; and at completion and estimated completion notify the appropriate congressional com- ‘‘(B) the Agency Head shall fulfill the re- date for the project based on reasonable mittees in accordance with paragraph (2); quirements under subsection (d)(2) in accord- modification of such requirements; and ance with the deadlines under subsection ‘‘(I) an explanation of the most significant ‘‘(II) not later than 180 days after the end (d)(3). occurrence contributing to the variance of the quarter upon which such report is ‘‘(4) ALTERNATIVE GROSS DEVIATION DETER- identified, including cost, schedule, and per- based, ensure the completion of remedial ac- MINATION.—If the Chief Information Officer formance variances, and the effect such oc- tion under paragraph (3). determines, subsequent to a change in the currence will have on future project costs ‘‘(ii) FAILURE TO MEET DEADLINES.—If the primary business case or key functional re- and program schedule; Agency Head fails to meet the deadlines de- quirements, that without such change the ‘‘(J) a statement regarding previous or an- scribed in clause (i)(II), additional funds may project would have grossly deviated— ticipated re-baselining or re-planning of the not be obligated to support expenditures as- ‘‘(A) the Chief Information Officer shall project and the names of the individuals re- sociated with the project until the require- notify the Agency Head of the gross devi- sponsible for approval; ments of this subsection have been fulfilled. ation; and ‘‘(K) the original life cycle cost of the in- ‘‘(B) NOTIFICATION AND REMEDIAL ACTION ‘‘(B) the Agency Head shall fulfill the re- vestment and the expected life cycle cost of BASED ON INTERIM REPORT.— quirements under subsections (e)(2) and (e)(3) the investment expressed in constant base ‘‘(i) IN GENERAL.—If the determination of in accordance with subsection (e)(4).’’. year dollars and in current dollars; and gross deviation is based on a report sub- (b) INCLUSION IN THE BUDGET SUBMITTED TO ‘‘(L) a comprehensive plan of action to mitted under subsection (c)(2), the Secretary CONGRESS.—Section 1105(a) of title 31, United remedy the gross deviation, and milestones shall— States Code, is amended— established to control future cost, schedule, ‘‘(I) not later than 45 days after the sub- (1) in the matter preceding paragraph (1), and performance deviations in the future. mission of such report, notify the appro- by striking ‘‘include in each budget the fol- ‘‘(3) REMEDIAL ACTION.—If the Chief Infor- priate congressional committees in accord- lowing:’’ and inserting ‘‘include in each mation Officer determines under paragraph ance with paragraph (2); and budget—’’; (1) that an IT investment project has grossly ‘‘(II) not later than 180 days after the sub- (2) by redesignating the second paragraph deviated, the Agency Head, in consultation mission of such report, ensure the comple- (33) (as added by section 889(a) of Public Law with the Chief Information Officer, shall en- tion of remedial action in accordance with 107–296) as paragraph (35); sure that— paragraph (3). (3) in each of paragraphs (1) through (34), ‘‘(A) a report is submitted to the appro- ‘‘(ii) FAILURE TO MEET DEADLINES.—If the by striking the period at the end and insert- priate congressional committees that— Agency Head fails to meet the deadlines de- ing a semicolon; ‘‘(i) describes the primary business case scribed in clause (i)(II), additional funds may (4) in paragraph (35) (as redesignated by and key functional requirements for the not be obligated to support expenditures as- paragraph (2)), by striking the period at the project; sociated with the project until the require- end and inserting ‘‘; and’’; and ‘‘(ii) describes any portions of the project ments of this subsection have been fulfilled. (5) by adding at the end the following: that have technical requirements of suffi- ‘‘(f) ADDITIONAL REQUIREMENTS FOR CORE ‘‘(36) the reports prepared under section cient clarity that such portions may be fea- IT INVESTMENT PROJECT REPORTS.— sibly procured under firm, fixed-price con- ‘‘(1) INITIAL REPORT.—If a report described 11317(f) of title 40, United States Code, relat- tract; in subsection (e)(3)(A) has not been sub- ing to the core IT investment projects of the ‘‘(iii) includes a certification by the Agen- mitted for a core IT investment project, the agency.’’. cy Head, after consultation with the Chief Agency Head, in coordination with the Chief (c) IMPROVEMENT OF INFORMATION TECH- Information Officer, that all technical re- Information Officer and responsible program NOLOGY ACQUISITION AND DEVELOPMENT.— quirements have been reviewed and validated managers, shall prepare an initial report for Subchapter II of chapter 113 of title 40, to ensure alignment with the reported busi- inclusion in the first budget submitted to United States Code, is amended by adding at ness case; Congress under section 1105(a) of title 31, the end the following: ‘‘(iv) describes any changes to the primary United States Code, after the designation of ‘‘SEC. 11319. ACQUISITION AND DEVELOPMENT. business case or key functional requirements a project as a core IT investment project, ‘‘(a) ESTABLISHMENT OF PROGRAMS.—Not which have occurred since project inception; which includes— later than 120 days after the date of the en- and ‘‘(A) a description of the primary business actment of this section, each Agency Head ‘‘(v) includes an independent cost estimate case and key functional requirements for the (as defined in section 11317(a) of title 49, for the project conducted by an entity ap- project; United States Code) shall establish a pro- proved by the Director; ‘‘(B) an identification and description of gram to improve the information technology ‘‘(B) an analysis is submitted to the appro- any portions of the project that have tech- (referred to in this section as ‘IT’) processes priate congressional committees that— nical requirements of sufficient clarity that of the agency overseen by the Agency Head. ‘‘(i) describes agency business goals that such portions may be feasibly procured ‘‘(b) PROGRAM REQUIREMENTS.—Each pro- the project was originally designed to ad- under firm, fixed-price contracts; gram established pursuant to this section dress; ‘‘(C) an independent cost estimate for the shall include— ‘‘(ii) includes a gap analysis of what project; ‘‘(1) a documented process for information project deliverables remain in order for the ‘‘(D) certification by the Chief Information technology acquisition planning, require- agency to accomplish the business goals re- Officer that all technical requirements have ments development and management, ferred to in clause (i); been reviewed and validated to ensure align- project management and oversight, earned- ‘‘(iii) identifies the 3 most cost-effective al- ment with the reported business case; and value management, and risk management; ternative approaches to the project which ‘‘(E) any changes to the primary business ‘‘(2) the development of appropriate would achieve the business goals referred to case or key functional requirements which metrics for performance measurement of— in clause (i); and have occurred since project inception. ‘‘(A) processes and development status; and ‘‘(iv) includes a cost-benefit analysis, ‘‘(2) QUARTERLY REVIEW OF BUSINESS ‘‘(B) continuous process improvement; which compares— CASE.—The Agency Head, in coordination ‘‘(3) a process to ensure that key program ‘‘(I) the completion of the project with the with the Chief Information Officer and re- personnel have an appropriate level of expe- completion of each alternative approach, sponsible program managers, shall— rience or training in the planning, acquisi- after factoring in future costs associated ‘‘(A) monitor the primary business case tion, execution, management, and oversight with the termination of the project; and and core functionality requirements re- of information technology; and ‘‘(II) the termination of the project with- ported to Congress for designated core IT in- ‘‘(4) a process to ensure that the applicable out pursuit of alternatives, after factoring in vestment projects; and department and subcomponents implement foregone benefits; and ‘‘(B) if changes to the primary business and adhere to established processes and re- ‘‘(C) a new baseline of the project is estab- case or key functional requirements for a quirements relating to the planning, acquisi- lished that is consistent with the inde- core IT investment project occur in any fis- tion, execution, management, and oversight pendent cost estimate required under sub- cal quarter, submit a report to Congress not of information technology programs and de- paragraph (A)(v); and later than 7 days after the end of such quar- velopments.

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‘‘(c) OMB GUIDANCE.—The Director of the cessfully manage high-risk IT investment United States Code) take steps to reduce the Office of Management and Budget shall— projects. deviation, which may include— ‘‘(1) prescribe uniformly applicable guid- (3) NUMBER.—The Director, in consultation (1) providing training or mentoring to im- ance to the administration of all the pro- with the E-Gov Administrator, shall deter- prove the qualifications of the program man- grams established under subsection (a); and mine the number of individuals who will be ager; ‘‘(2) take any actions that are necessary to selected for the IT Strike Force. (2) replacing the program manager or other ensure that Federal agencies comply with (c) OUTSIDE CONSULTANTS.— staff; the guidance. (1) IDENTIFICATION.—The E-Gov Adminis- (3) supplementing the program manage- ‘‘(d) ANNUAL REPORT TO CONGRESS.—Not trator shall identify consultants in the pri- ment team with Federal Government em- later than the last day of February of each vate sector who have expert knowledge in IT ployees or independent contractors; year, the Agency Head shall submit a report program management and program manage- (4) terminating the project; or to Congress that includes— ment review teams. Not more than 20 per- (5) hiring an independent contractor to re- ‘‘(1) a detailed summary of the accomplish- cent of such consultants may be formally as- port directly to senior management and the ments of the program established by the sociated with any 1 of the following types of E-Gov Administrator. Agency Head pursuant to this section; entities: (f) REPROGRAMMING OF FUNDS.— ‘‘(2) the status of completeness of imple- (A) Commercial firms. (1) AUTHORIZATION.—The Director may di- mentation of each of the program require- (B) Nonprofit entities. rect an Agency Head to reprogram amounts ments, and the date each such requirement (C) Research and development corporations which have been appropriated for such agen- was deemed to be completed; receiving Federal financial assistance. cy to pay for an assessment under subsection ‘‘(3) the percentage of Federal IT projects (2) USE OF CONSULTANTS.— (d). covered under the program compared to all (A) IN GENERAL.—Consultants identified (2) NOTIFICATION.—An Agency Head who re- of the IT projects of the agency, listed by under paragraph (1) may be used to assist the programs appropriations under paragraph (1) number of programs and by annual dollars IT Strike Force in assessing and improving shall notify the Committee on Appropria- expended; IT investment projects. tions of the Senate and the Committee on ‘‘(4) the identification, listed by name and (B) LIMITATION.—Consultants with a for- Appropriations of the House of Representa- position, of— mally established relationship with an orga- tives of any such reprogramming. ‘‘(A) the person assigned responsibility for nization may not participate in any assess- (g) REPORT TO CONGRESS.—The Director implementation and management of the pro- ment involving an IT investment project for shall include in the annual Report to Con- gram and the percent of such person’s time which such organization is under contract to gress on the Benefits of E-Government Ini- used to carry out such responsibility; and provide technical support. tiatives a detailed summary of the composi- ‘‘(B) the person to whom the person de- (C) EXCEPTION.—The limitation described tion and activities of the IT Strike Force, in- scribed in subparagraph (A) reports; in subparagraph (B) may not be construed as cluding— ‘‘(5) a detailed breakdown of the sources precluding access to anyone having relevant (1) the number and qualifications of indi- and uses of the amounts spent by the agency information helpful to the conduct of the as- viduals on the IT Strike Force; during the previous fiscal year to support sessment. (2) a description of the IT investment the activities of the program; (3) CONTRACTS.—The E-Gov Administrator, projects that the IT Strike Force has worked ‘‘(6) a copy of any guidance issued under in conjunction with the Administrator of the during the previous fiscal year; the program and a statement regarding General Services Administration (GSA), may (3) the major issues that necessitated the whether each such guidance is mandatory; establish competitively bid contracts with 1 involvement of the IT Strike Force to assist ‘‘(7) the identification of the metrics devel- or more qualified consultants, independent agencies with assessing and managing IT in- oped in accordance with subsection (b)(2); of any GSA schedule. vestment projects and whether such issues ‘‘(8) a description of how paragraphs (3) and (d) INITIAL RESPONSE TO ANTICIPATED SIG- were satisfactorily resolved; (4) of subsection (b) have been implemented NIFICANT OR GROSS DEVIATION.—If the E-Gov (4) if the issues referred to in paragraph (3) and any related agency guidance; and Administrator determines there is reason- were not satisfactorily resolved, the issues ‘‘(9) a description of how continuous proc- able cause to believe that a major IT invest- still needed to be resolved and the Agency ess improvement has been implemented and ment project is likely to significantly or Head’s plan for resolving such issues; the objectives of such guidance.’’. grossly deviate (as defined in section 11317(a) (5) a detailed breakdown of the sources and (d) CLERICAL AMENDMENTS.—The table of of title 40, United States Code), including the uses of the amounts spent by the Office of sections for chapter 113 of title 40, United receipt of inconsistent or missing data, the Management and Budget and other Federal States Code, is amended— E-Gov Administrator shall carry out the fol- agencies during the previous fiscal year to (1) by striking the item relating to section lowing activities: support the activities of the IT Strike Force; 11317 and inserting the following: (1) Recommend the assignment of 1 or and ‘‘11317. Significant and gross deviations.’’; more members of the IT Strike Force to as- (6) a determination of whether the IT and sess the project in accordance with the scope Strike Force has been effective in reducing and time period described in section (2) by inserting after the item relating to the amount of IT investment projects that 11317(c)(1) of title 40, United States Code, be- deviate or significantly deviate. section 11318 the following: ginning not later than 7 days after such rec- ‘‘11319. Acquisition and development.’’. ommendation. No member of the Strike Ms. COLLINS. Mr. President, I am SEC. 3. IT STRIKE FORCE. Force who is associated with the department pleased to join Senator CARPER in in- (a) PURPOSE.—The Director of the Office of or agency whose IT investment project is the troducing a bill that will improve Management of Budget (referred to in this subject of the assessment may be assigned to agency performance and Congressional section as the ‘‘Director’’), in consultation participate in this assessment. Such limita- oversight of major Federal informa- with the Administrator of the Office of Elec- tion may not be construed as precluding ac- tion-technology, IT projects. tronic Government and Information and cess to anyone having relevant information The well-publicized cost and perform- Technology at the Office of Management and helpful to the conduct of the assessment. ance problems with the Census Bu- Budget (referred to in this section as the ‘‘E- (2) If the E-Gov Administrator determines reau’s handheld computers for the 2010 Gov Administrator’’), shall assist agencies in that 1 or more qualified consultants are avoiding significant and gross deviations in needed to support the efforts of the IT Strike Census—with its troubling implica- the cost, schedule, and performance of IT in- Force under paragraph (1), negotiate a con- tions for the next House reapportion- vestment projects (as such terms are defined tract with the consultant to provide such ment and for the allocation of Federal in section 11317(a) of title 40, United States support during the period in which the IT funds—represent only the most recent Code). Strike Force is conducting the assessment and conspicuous failure in a long trail (b) IT STRIKE FORCE.— described in paragraph (1). of troubles that also includes critical (1) ESTABLISHMENT.—Not later than 180 (3) Ensure that the costs of an assessment days after the date of the enactment of this IT projects like the FBI’s virtual case under paragraph (1) and the support services file initiative. Former IBM executive Act, the E-Gov Administrator shall establish of 1 or more consultants under paragraph (2) a small group of individuals (referred to in are paid by the major IT investment project and Carnegie-Mellon University tech- this section as the ‘‘IT Strike Force’’) to being assessed. nology expert Watts Humphrey makes carry out the purpose described in subsection (4) Monitor the progress made by the IT the point succinctly: ‘‘Software fail- (a). Strike Force in assessing the project. ures are common, and the biggest (2) QUALIFICATIONS.—Individuals selected (e) REDUCTION OF SIGNIFICANT OR GROSS DE- projects fail most often.’’ for the IT Strike Force— VIATION.—If the E-Gov Administrator deter- During the 108th Congress, the Com- (A) shall be certified at the Senior/Expert mines that the assessment conducted under mittee on Governmental Affairs inves- level according to the Federal Acquisition subsection (d) confirms that a major IT in- Certification for Program and Project Man- vestment project is likely to significantly or tigated the botched automated record- agers (FAC–P/PM); or grossly deviate, the E-Gov Administrator keeping project for the Federal em- (B) shall have comparable education, cer- shall recommend that the Agency Head (as ployees’ Thrift Savings Plan TSP. This tification, training, and experience to suc- defined in section 11317(a)(1) of title 40, project was terminated in 2001 after a

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7933 4-year contract produced $36 million in cies are fully consistent with best prac- guidelines, to improve project plan- waste that was charged to the accounts tices.’’ ning, requirements development, and of TSP participants and beneficiaries. The bill that Senator CARPER and I management of earned value and risk. A second vendor needed an additional are introducing will go far toward ad- Second, the Director of OMB and its $33 million to bring the system online, dressing the weaknesses identified by E-Gov Administrator will be required years overdue and costing more than the GAO and will reduce the risks that to establish an IT strike force of ex- double its original estimate. important Federal IT projects will drag perts and independent consultants who In a 2004 letter from the Federal Re- on far beyond deadlines, fail to deliver can be assigned to help agencies reform tirement Thrift Investment Board to intended capabilities, or waste tax- troubled projects. In addition, the E- the Governmental Affairs Committee, payers’ money. We are pleased to have Gov Administrator can recommend the board characterized the project as Senators LIEBERMAN, COLEMAN, and that agency heads mentor or replace an ‘‘ill-fated ‘‘ and acknowledged the im- MCCASKILL join us as cosponsors in this IT project manager, reinforce the man- portance of careful planning, task defi- effort. agement team, terminate the project, nition, communication, proper per- Our bill will improve both agency or hire an independent contractor to sonnel, and risk management—all of and Congressional oversight of large report on the project. which were lacking on that project. Federal IT projects. For all major in- These and other provisions will help Large IT project failures have cost vestments, the bill requires agencies to improve project planning, avoid prob- U.S. taxpayers billions of dollars in track the earned value management lems in project execution, provide wasted expenditures. The waste is trou- index, a key cost and performance early alerts when problems arise, and bling, but even more troubling is the measure, and to alert Congress should promote prompt corrective action. fact that when Federal IT projects fail, that measure fall below a defined In projects where difficulties persist, they can undermine the Government’s threshold. our bill provides strong remedies. For ability to defend the Nation, enforce The bill requires additional reports projects that exhibit a performance its laws, or deliver critical services to to Congress as well as specific correc- shortfall of 20 percent or more, the citizens. Again and again, we have seen tive actions should those same indica- agency head involved must not only IT project failures grounded in poor tors continue to worsen. Further, be- alert Congress but also provide a sum- planning, ill-defined and shifting re- cause the bill’s performance thresholds mary of a concrete plan of action to quirements, undisclosed difficulties, are based on original cost baselines, re- correct the problem. If the shortfall ex- poor risk management, and lax moni- baselining can no longer serve as a tac- ceeds 40 percent, agencies have 6 toring of performance. tic to hide troubled projects. If severe months to take required remedial steps Unfortunately, as the Government shortfalls remain uncorrected, the bill or else suspend further project spend- Accountability Office, GAO, tells us in can even suspend commitment of funds ing until those steps are completed. a new report, Federal IT projects still to a project until the agency takes the If the provisions of this bill had been fall short in their use of effective over- required corrective actions. in force during the past decade, early sight techniques to monitor develop- Our bill does not envision making indicators of trouble and prompt warn- ment and to spot signs of possible trou- Congress a micromanager of Federal ings to Congress might have helped ble. projects—especially in so complex a prevent much of the added cost, de- The GAO reports that the Federal field as information technology. But it creased functionality, and increased Government will spend over $70 billion will ensure that, for these important anxiety we now see surrounding the in fiscal year 2008 on IT projects. Most investments, agencies will be required handheld computers that were intended of that spending is concentrated in two to track key performance metrics, in- to streamline the 2010 Census. The ad- dozen agencies that have 778 major form Congress of shortfalls in those ditional scrutiny of plans and costs re- projects underway. These Federal enti- metrics, and provide Congress with fol- quired by this bill might have saved ties range from Cabinet departments lowup reports, independent cost esti- some of the billions wasted on other IT like Commerce, Defense, and Veterans mates, and analyses of project alter- projects that ultimately landed on Affairs, to agencies like NASA, the Of- natives when the original projects have high-risk lists. fice of Personnel Management, and the run off course. Our bill creates a measured, method- Agency for International Development. The bill also provides that each cov- ical plan to ensure that Federal agen- The GAO observes that ‘‘Effectively ered agency identify to Congress their cies apply best practices to IT projects, managing projects involves pulling to- top mission-critical projects. Those supply timely reports of problems, and gether essential cost, schedule, and ‘‘core investments’’ would be subject to devise corrective actions sooner rather performance goals in a meaningful, co- additional upfront planning, reporting, than later. Our Government and our herent fashion so that managers have and performance monitoring require- citizens will benefit from these im- an accurate view of the program’s de- ments. This will help ensure that agen- provements. I urge every Senator to velopment status.’’ This set of goals cies apply extra vigilance to these support this constructive and bipar- becomes the project ‘‘baseline.’’ projects at the planning stage and not tisan bill. When the GAO conducted a study of a just when execution begins. random sample of those major Federal In addition to tracking cost and By Mr. DURBIN (for himself, Mr. IT projects, however, they found that schedule slippage, agencies making GREGG, Mr. DODD, Mr. BURR, 85—nearly half the sample—had been core IT investments must provide a Mr. HARKIN, and Mr. ALEX- ‘‘rebaselined.’’ Eighteen of those complete ‘‘business case’’ that outlines ANDER): projects have been rebaselined three or the need for the project and its associ- S. 3385. A bill to amend the Federal more times. For example, the Depart- ated costs and schedules; produce a rig- Food, Drug, and Cosmetic Act with re- ment of Defense Advanced Field Artil- orous, independent, third-party esti- spect to the safety of the food supply; lery Tactical Data System has been mate of the project’s full, life-cycle to the Committee on Health, Edu- rebaselined four times; a Veterans Af- costs; have the agency CIO certify the cation, Labor, and Pensions. fairs Health Administration Center project’s functional requirements; Mr. DURBIN. Mr. President, today I project has been rebaselined six times. track these functional requirements; rise to introduce the FDA Food Safety Rebaselining can reflect funding and report to Congress any changes in Modernization Act. changes, revisions in project scope or functional requirements, including Yesterday, the Food and Drug Ad- goals, and other perfectly reasonable whether those changes concealed a ministration, which is responsible for project modifications. But as the GAO major cost increase. ensuring the safety of about 80 percent notes, ‘‘[rebaselining] can also be used To help agencies deliver IT projects of our food supply, announced that it to mask cost overruns and schedule on time and on budget, the bill also was one step closer to pinpointing the delays.’’ All major Federal agencies provides two new support mechanisms. source of the current Salmonella have rebaselining policies, but the GAO First, agency heads would be re- Saintpaul outbreak. At first we were concludes that they are not com- quired to establish an internal IT-man- told tomatoes were the culprit. Then prehensive and that ‘‘none of the poli- agement program, subject to OMB tomatoes were exonerated and jalapeno

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7934 CONGRESSIONAL RECORD — SENATE July 31, 2008 peppers in south Texas were to blame. erating more than $1 trillion annually Sec. 303. Authority to require import certifi- Now FDA is saying it has discovered a in economic activity and employing cations for food. strain of the bacteria in Serrano pep- millions of American workers. Food is Sec. 304. Prior notice of imported food ship- ments. pers from a farm in Tamaulipas, Mex- also a deeply personal experience, a Sec. 305. Review of a regulatory authority of ico. part of our daily lives and our tradi- a foreign country. In the meantime, over three months tions and culture. For far too long Con- Sec. 306. Building capacity of foreign gov- have passed since the first reported gress has gone without a comprehen- ernments with respect to food. case. At least 255 people have been hos- sive review of our food safety laws. As Sec. 307. Inspection of foreign food facilities. pitalized and two have died because of Sec. 308. Accreditation of qualified third- long as we continue to do nothing, we party auditors. the outbreak. The tomato industry will pay the price for an outdated and Sec. 309. Foreign offices of the Food and faces tens of millions of dollars in ill-equipped food safety system. Drug Administration. losses and a loss in consumer con- I thank Senators GREGG, DODD, BURR, Sec. 310. Funding for food safety. fidence. Some estimate that the eco- HARKIN, and ALEXANDER for joining me Sec. 311. Jurisdiction; authorities. nomic impact may be as much as $100 in crafting this bill and urge my col- TITLE I—GENERAL FOOD PROVISIONS to $500 million. leagues to support. SEC. 101. INSPECTIONS OF RECORDS. Over the last couple of years we have Mr. President, I ask unanimous con- Section 414(a) (21 U.S.C. 350c(a)) is amend- seen news headlines about E. coli in sent that the text of the bill be printed ed— spinach, pet food spiked with mel- (1) by striking the heading and all follows in the RECORD. through ‘‘of food is’’ and inserting the fol- amine, Salmonella-tainted peanut but- There being no objection, the text of ter, and now contaminated peppers. It’s lowing: ‘‘RECORDS INSPECTION.— the bill was ordered to be printed in ‘‘(1) ADULTERATED FOOD.—If the Secretary clear that these are not isolated cases the RECORD, as follows: has a reasonable belief that an article of but the product of a food safety system S. 3385 food, and any other article of food that the that is outdated, under-funded, and Secretary reasonably believes is likely to be Be it enacted by the Senate and House of Rep- overwhelmed. Some of our most impor- affected in a similar manner, is’’; resentatives of the United States of America in (2) by inserting ‘‘, and to any other article tant food safety statutes date back to Congress assembled, the early 1900s. Standards have not of food that the Secretary reasonably be- SECTION 1. SHORT TITLE; REFERENCES; TABLE lieves is likely to be affected in a similar been updated. The budgets of the agen- OF CONTENTS. manner,’’ after ‘‘relating to such article’’; cies that act as watchdogs over the (a) SHORT TITLE.—This Act may be cited as (3) by striking the last sentence; and system have eroded. We import more of the ‘‘FDA Food Safety Modernization Act’’. (4) by inserting at the end the following: (b) REFERENCES.—Except as otherwise our food than ever but we don’t have ‘‘(2) SERIOUS ADVERSE HEALTH CON- specified, whenever in this Act an amend- the systems in place to make sure this SEQUENCES.—If the Secretary believes that food is as safe as it could be. All these ment is expressed in terms of an amendment there is a reasonable probability that the use to a section or other provision, the reference shortcomings put consumers at unnec- of or exposure to an article of food, and any shall be considered to be made to a section other article of food that the Secretary rea- essary risk. or other provision of the Federal Food, Drug, FDA is struggling to keep up. There sonably believes is likely to be affected in a and Cosmetic Act (21 U.S.C. 301 et seq.). similar manner, will cause serious adverse are holes in its ability to protect con- (c) TABLE OF CONTENTS.—The table of con- health consequences or death to humans or sumers from unsafe foods. For example, tents for this Act is as follows: animals, each person (excluding farms and the Consumer Protection Safety Com- Sec. 1. Short title; references; table of con- restaurants) who manufactures, processes, mission, the EPA, and even FDA with tents. packs, distributes, receives, holds, or im- respect to infant formula all have re- TITLE I—GENERAL FOOD PROVISIONS ports such article shall, at the request of an call authority. But FDA is unable to Sec. 101. Inspections of records. officer or employee duly designated by the pull any other contaminated food off Sec. 102. Registration of food facilities. Secretary, permit such officer or employee, the shelf when the company that Sec. 103. Mandatory recall authority. upon presentation of appropriate credentials makes it will not. FDA can suggest a Sec. 104. Hazard analysis and risk-based pre- and a written notice to such person, at rea- recall and most of the time companies ventive controls. sonable times and within reasonable limits Sec. 105. Performance standards. comply. But there are always bad ac- and in a reasonable manner, to have access Sec. 106. Standards for produce safety. to and copy all records relating to such arti- tors and sometimes companies choose Sec. 107. Targeting of inspection resources cle and to any other article of food that the not to recall their products because for domestic facilities, foreign Secretary reasonably believes is likely to be they are afraid of upsetting consumer facilities, and ports of entry; affected in a similar manner, that are needed confidence or losing market share. In annual report. to assist the Secretary in determining this case, FDA’s hands are tied. Sec. 108. Administrative detention of food. whether there is a reasonable probability These are significant gaps in our food Sec. 109. Protection against intentional that the use of or exposure to the food will adulteration. cause serious adverse health consequences or safety system that need to be ad- Sec. 110. National agriculture and food de- dressed. We can and should do better. death to humans or animals. fense strategy. ‘‘(3) APPLICATION.—The requirement under That is why I am pleased to intro- Sec. 111. Food and Agriculture Coordinating duce The FDA Food Safety Moderniza- paragraphs (1) and (2) applies to all records Councils. relating to the manufacture, processing, tion Act, along with Senators GREGG, Sec. 112. Decontamination and disposal packing, distribution, receipt, holding, or DODD, BURR, HARKIN, and ALEXANDER. standards and plans. importation of such article maintained by or Sec. 113. Authority to collect fees. This bill is a comprehensive, bipartisan on behalf of such person in any format (in- Sec. 114. Final rule for prevention of Sal- effort that addresses some of the weak- cluding paper and electronic formats) and at monella Enteritidis in shell any location.’’. nesses in FDA’s authorities and re- eggs during production. sources and updates food safety stand- Sec. 115. Sanitary transportation of food. SEC. 102. REGISTRATION OF FOOD FACILITIES. ards to make important improvements Sec. 116. Food allergy and anaphylaxis man- (a) UPDATING OF FOOD CATEGORY REGULA- in our current food safety system. The agement. TIONS; BIENNIAL REGISTRATION RENEWAL.— bill includes a number of important Section 415(a) (21 U.S.C. 350d(a)) is amend- TITLE II—DETECTION AND ed— preventive measures, such as increas- SURVEILLANCE (1) in paragraph (2), by— ing the frequency of FDA inspections Sec. 201. Recognition of laboratory accredi- (A) striking ‘‘conducts business and’’ and of food facilities, especially high-risk tation for analyses of foods. inserting ‘‘conducts business, the e-mail ad- facilities; directing FDA to set stand- Sec. 202. Integrated consortium of labora- dress for the contact person of the facility, ards for fresh produce; and requiring tory networks. and’’; and the food industry to control hazards in Sec. 203. Building domestic capacity. (B) inserting ‘‘, or any other food cat- Sec. 204. Enhancing traceback and record- the food supply chain. It also enables egories as determined appropriate by the keeping. Secretary, including by guidance)’’ after FDA to more effectively respond to an Sec. 205. Surveillance. outbreak by giving the agency new au- ‘‘Code of Federal Regulations’’; TITLE III—SPECIFIC PROVISIONS FOR (2) by redesignating paragraphs (3) and (4) thorities to order recalls, shut down IMPORTED FOOD as paragraphs (4) and (5), respectively; and tainted facilities, and access records to Sec. 301. Foreign supplier verification pro- (3) by inserting after paragraph (2) the fol- track and trace food. gram. lowing: The food industry is one of the most Sec. 302. Voluntary qualified importer pro- ‘‘(3) BIENNIAL REGISTRATION RENEWAL.— important sectors of our economy, gen- gram. During the period beginning on October 1

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and ending on December 31 of each even- (c) CONFORMING AMENDMENTS.— lic notices, as appropriate, in order to pro- numbered year, a registrant that has sub- (1) Section 301(d) (21 U.S.C. 331(d)) is vide notification of the recall to consumers mitted a registration under paragraph (1) amended by inserting ‘‘415,’’ after ‘‘404,’’. and retailers to whom such article was, or shall submit to the Secretary a renewal reg- (2) Section 415(d), as redesignated by sub- may have been, distributed. The notification istration containing the information de- section (b), is amended by adding at the end shall include, at a minimum— scribed in paragraph (2). The Secretary shall before the period ‘‘for a facility to be reg- ‘‘(1) the name of the article of food subject provide for an abbreviated registration re- istered, except with respect to the reinstate- to the recall; and newal process for any registrant that has not ment of a registration that is suspended ‘‘(2) a description of the risk associated had any changes to such information since under subsection (b)’’. with such article. the registrant submitted the preceding reg- SEC. 103. MANDATORY RECALL AUTHORITY. ‘‘(g) NO DELEGATION.—The authority con- istration or registration renewal for the fa- (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 ferred by this section to order a recall or va- cility involved.’’. et seq.) is amended by adding at the end the cate a recall order shall not be delegated to (b) SUSPENSION OF REGISTRATION.— following: any officer or employee other than the Com- (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) ‘‘SEC. 418. MANDATORY RECALL AUTHORITY. missioner. is amended— ‘‘(h) EFFECT.—Nothing in this section shall (A) in subsection (a)(2), by inserting after ‘‘(a) VOLUNTARY PROCEDURES.—If the Sec- retary determines, based on information affect the authority of the Secretary to re- the first sentence the following: ‘‘The reg- quest or participate in a voluntary recall.’’. istration shall contain a consent to permit gathered through the reportable food reg- istry under section 417 or through any other (b) CIVIL PENALTY.—Section 303(f)(2)(A) (21 the Secretary to inspect such facility.’’; U.S.C. 333(f)(2)(A)) is amended by inserting (B) by redesignating subsections (b) and (c) means, that there is a reasonable probability that an article of food (other than infant for- ‘‘or any person who does not comply with a as subsections (c) and (d), respectively; and recall order under section 418’’ after ‘‘section (C) by inserting after subsection (a) the fol- mula) is adulterated under section 402 or misbranded under section 403(w) and the use 402(a)(2)(B)’’. lowing: (c) PROHIBITED ACTS.—Section 301 (21 ‘‘(b) SUSPENSION OF REGISTRATION.— of or exposure to such article will cause seri- U.S.C. 331 et seq.) is amended by adding at ‘‘(1) IN GENERAL.—If the Secretary deter- ous adverse health consequences or death to the end the following: mines that food manufactured, processed, humans or animals, the Secretary shall pro- ‘‘(oo) The refusal or failure to follow an packed, or held by a facility registered under vide the responsible party (as defined in sec- order under section 418.’’. this section has a reasonable probability of tion 417) with an opportunity to cease dis- causing serious adverse health consequences tribution and recall such article. SEC. 104. HAZARD ANALYSIS AND RISK-BASED or death to humans or animals, the Sec- ‘‘(b) PREHEARING ORDER TO CEASE DIS- PREVENTIVE CONTROLS. retary may by order suspend the registration TRIBUTION AND GIVE NOTICE.—If the respon- (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 of the facility under this section in accord- sible party refuses to or does not voluntarily et seq.), as amended by section 103, is amend- ance with this subsection. cease distribution or recall such article with- ed by adding at the end the following: ‘‘(2) HEARING ON SUSPENSION.—The Sec- in the time and in the manner prescribed by ‘‘SEC. 419. HAZARD ANALYSIS AND RISK-BASED retary shall provide the registrant subject to the Secretary (if so prescribed), the Sec- PREVENTIVE CONTROLS. an order under paragraph (1) with an oppor- retary may, by order require, as the Sec- ‘‘(a) IN GENERAL.—Each owner, operator, or tunity for an informal hearing, to be held as retary deems necessary, such person to— agent in charge of a facility shall, in accord- soon as possible but not later than 2 days ‘‘(1) immediately cease distribution of such ance with this section, evaluate the hazards after the issuance of the order, on the ac- article; or that could affect food manufactured, proc- tions required for reinstatement of registra- ‘‘(2) immediately notify all persons— essed, packed, or held by such facility, iden- tion and why the registration that is subject ‘‘(A) manufacturing, processing, packing, tify and implement preventive controls to to suspension should be reinstated. The Sec- transporting, distributing, receiving, hold- significantly minimize or prevent their oc- retary may reinstate a registration if the ing, or importing and selling such article; currence and provide assurances that such Secretary determines, based on evidence pre- and food is not adulterated under section 402 or sented, that adequate grounds do not exist to ‘‘(B) to which such article has been distrib- misbranded under section 403(w), monitor continue the suspension of the registration. uted, transported, or sold, to immediately the performance of those controls, and main- ‘‘(3) POST-HEARING CORRECTIVE ACTION cease distribution of such article. tain records of this monitoring as a matter PLAN; VACATING OF ORDER.— ‘‘(c) HEARING ON ORDER.—The Secretary of routine practice. ‘‘(A) CORRECTIVE ACTION PLAN.—If, after shall provide the responsible party subject to ‘‘(b) HAZARD ANALYSIS.—The owner, oper- providing opportunity for an informal hear- an order under subsection (b) with an oppor- ator, or agent in charge of a facility shall— ing under paragraph (2), the Secretary deter- tunity for an informal hearing, to be held as ‘‘(1) identify and evaluate known or rea- mines that the suspension of registration re- soon as possible but not later than 2 days sonably foreseeable hazards that may be as- mains necessary, the Secretary shall require after the issuance of the order, on the ac- sociated with the facility, including— the registrant to submit a corrective action tions required by the order and on why the ‘‘(A) biological, chemical, physical, and ra- plan to demonstrate how the registrant article that is the subject of the order should diological hazards, natural toxins, pes- plans to correct the conditions found by the not be recalled. ticides, drug residues, decomposition, Secretary. The Secretary shall review such ‘‘(d) POST-HEARING RECALL ORDER AND parasites, allergens, and unapproved food plan in a timely manner. MODIFICATION OF ORDER.— and color additives; and ‘‘(B) VACATING OF ORDER.—Upon a deter- ‘‘(1) AMENDMENT OF ORDER.—If, after pro- ‘‘(B) hazards that occur naturally, may be mination by the Secretary that adequate viding opportunity for an informal hearing unintentionally introduced, or may be inten- grounds do not exist to continue the suspen- under subsection (c), the Secretary deter- tionally introduced, including by acts of ter- sion actions required by the order, or that mines that removal of the article from com- rorism; and such actions should be modified, the Sec- merce is necessary, the Secretary shall, as ‘‘(2) develop a written analysis of the haz- retary shall vacate the order or modify the appropriate— ards. order. ‘‘(A) amend the order to require recall of ‘‘(c) PREVENTIVE CONTROLS.—The owner, ‘‘(4) EFFECT OF SUSPENSION.—If the reg- such article or other appropriate action; operator, or agent in charge of a facility istration of a facility is suspended under this ‘‘(B) specify a timetable in which the recall shall identify and implement preventive con- subsection, such facility shall not import shall occur; trols, including at critical control points, if food or offer to import food into the United ‘‘(C) require periodic reports to the Sec- any, to provide assurances that— States, or otherwise introduce food into retary describing the progress of the recall; ‘‘(1) hazards identified in the hazard anal- interstate commerce in the United States. and ysis conducted under subsection (b) will be ‘‘(5) REGULATIONS.—The Secretary shall ‘‘(D) provide notice to consumers to whom significantly minimized or prevented; and promulgate regulations that describe the such article was, or may have been, distrib- ‘‘(2) the food manufactured, processed, standards officials will use in making a de- uted. packed, or held by such facility will not be termination to suspend a registration, and ‘‘(2) VACATING OF ORDER.—If, after such adulterated under section 402 or misbranded the format such officials will use to explain hearing, the Secretary determines that ade- under section 403(w). to the registrant the conditions found at the quate grounds do not exist to continue the ‘‘(d) MONITORING OF EFFECTIVENESS.—The facility. actions required by the order, or that such owner, operator, or agent in charge of a fa- ‘‘(6) NO DELEGATION.—The authority con- actions should be modified, the Secretary cility shall monitor the effectiveness of the ferred by this subsection to issue an order to shall vacate the order or modify the order. preventive controls implemented under sub- suspend a registration or vacate an order of ‘‘(e) COOPERATION AND CONSULTATION.—The section (c) to provide assurances that the suspension shall not be delegated to any offi- Secretary shall work with State and local outcomes described in subsection (c) shall be cer or employee other than the Commis- public health officials in carrying out this achieved. sioner.’’. section, as appropriate. ‘‘(e) CORRECTIVE ACTIONS.—The owner, op- (2) IMPORTED FOOD.—Section 801(l) (21 ‘‘(f) PUBLIC NOTIFICATION.—In conducting a erator, or agent in charge of a facility shall U.S.C. 381(l)) is amended by inserting ‘‘(or for recall under this section, the Secretary shall establish procedures that a facility will im- which a registration has been suspended ensure that a press release is published re- plement if the preventive controls imple- under such section)’’ after ‘‘section 415’’. garding the recall, as well as alerts and pub- mented under subsection (c) are found to be

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ineffective through monitoring under sub- ‘‘(l) AUTHORITY WITH RESPECT TO CERTAIN erator, or agent in charge of such facility is section (d). FACILITIES.—The Secretary may, by regula- not in compliance with section 419.’’. ‘‘(f) VERIFICATION.—The owner, operator, or tion, exempt or modify the requirements for (e) NO EFFECT ON HACCP AUTHORITIES.— agent in charge of a facility shall verify compliance under this section with respect Nothing in the amendments made by this that— to facilities that are solely engaged in the section limits the authority of the Secretary ‘‘(1) the preventive controls implemented storage of packaged foods that are not ex- under the Federal Food, Drug, and Cosmetic under subsection (c) are adequate to control posed to the environment. Act (21 U.S.C. 301 et seq.) or the Public the hazards identified under subsection (b); ‘‘(m) DEFINITIONS.—For purposes of this Health Service Act (42 U.S.C. 201 et seq.) to ‘‘(2) the owner, operator, or agent is con- section: revise, issue, or enforce product and cat- ducting monitoring in accordance with sub- ‘‘(1) CRITICAL CONTROL POINT.—The term egory-specific regulations, such as the Sea- section (d); ‘critical control point’ means a point, step, food Hazard Analysis Critical Controls ‘‘(3) the owner, operator, or agent is mak- or procedure in a food process at which con- Points Program, the Juice Hazard Analysis ing appropriate decisions about corrective trol can be applied and is essential to pre- Critical Control Program, and the Thermally actions taken under subsection (e); and vent or eliminate a food safety hazard or re- Processed Low-Acid Foods Packaged in Her- ‘‘(4) there is documented, periodic reanaly- duce it to an acceptable level. metically Sealed Containers standards. sis of the plan under subsection (i) to ensure ‘‘(2) FACILITY.—The term ‘facility’ means a (f) EFFECTIVE DATE.— that the plan is still relevant to the raw ma- domestic facility or a foreign facility that is (1) GENERAL RULE.—The amendments made terials, as well as to conditions and processes required to register under section 415. by this section shall take effect 18 months in the facility, and to new and emerging ‘‘(3) PREVENTIVE CONTROLS.—The term ‘pre- after the date of enactment of this Act. threats. ventive controls’ means those risk-based, (2) EXCEPTIONS.—Notwithstanding para- ‘‘(g) RECORDKEEPING.—The owner, operator, reasonably appropriate procedures, prac- graph (1)— or agent in charge of a facility shall main- tices, and processes that a person knowledge- (A) the amendments made by this section tain, for not less than 2 years, records docu- able about the safe manufacturing, proc- shall apply to a small business (as defined by menting the monitoring of the preventive essing, packing, or holding of food would the Secretary) after the date that is 2 years controls implemented under subsection (c), have employed to significantly minimize or after the date of enactment of this Act; and instances of nonconformance material to prevent the hazards identified under the haz- (B) the amendments made by this section food safety, instances when corrective ac- ard analysis conducted under subsection (a) shall apply to a very small business (as de- tions were implemented, and the efficacy of and that are consistent with the current sci- fined by the Secretary) after the date that is preventive controls and corrective actions. entific understanding of safe food manufac- 3 years after the date of enactment of this ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.— turing, processing, packing, or holding at the Act. Each owner, operator, or agent in charge of time of the analysis. Those procedures, prac- a facility shall prepare a written plan that SEC. 105. PERFORMANCE STANDARDS. tices, and processes may include the fol- The Secretary shall, not less frequently documents and describes the procedures used lowing: by the facility to comply with the require- than every 2 years, review and evaluate epi- ‘‘(A) Sanitation procedures for food con- ments of this section, including analyzing demiological data and other appropriate tact surfaces and utensils and food-contact the hazards under subsection (b) and identi- sources of information to determine the surfaces of equipment. fying the preventive controls adopted to ad- most significant food-borne contaminants ‘‘(B) Supervisor, manager, and employee dress those hazards under subsection (c). and the most significant resulting hazards, Such written plan, together with documenta- hygiene training. and may issue science-based guidance docu- tion that the plan is being implemented, ‘‘(C) An environmental monitoring pro- ments, action levels, and regulations to help shall be made promptly available to a duly gram to verify the effectiveness of pathogen prevent adulteration under section 402 of the authorized representative of the Secretary controls. Federal Food, Drug, and Cosmetic Act (21 upon oral or written request. ‘‘(D) An allergen control program. U.S.C. 342). Such standards shall be applica- ‘‘(i) REQUIREMENT TO REANALYZE.—Each ‘‘(E) A recall contingency plan. ble to products and product classes and shall owner, operator, or agent in charge of a fa- ‘‘(F) Good Manufacturing Practices not be written to be facility-specific. cility shall conduct a reanalysis under sub- (GMPs). SEC. 106. STANDARDS FOR PRODUCE SAFETY. section (b) whenever a significant change is ‘‘(G) Supplier verification activities.’’. (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 (b) REGULATIONS.— made in the activities conducted at a facility et seq.), as amended by section 104, is amend- (1) IN GENERAL.—The Secretary of Health operated by such owner, operator, or agent if ed by adding at the end the following: and Human Services (referred to in this Act the change creates a reasonable potential for ‘‘SEC. 420. STANDARDS FOR PRODUCE SAFETY. a new hazard or a significant increase in a as the ‘‘Secretary’’) shall promulgate regula- ‘‘(a) PROPOSED RULEMAKING.— previously identified hazard or not less fre- tions to establish science-based minimum ‘‘(1) IN GENERAL.—Not later than 1 year quently than once every 3 years, whichever standards for conducting a hazard analysis, after the date of enactment of the FDA Food is earlier. Such reanalysis shall be completed documenting hazards, implementing preven- Safety Modernization Act, the Secretary, in and additional preventive controls needed to tive controls, and documenting the imple- consultation with the Secretary of Agri- address the hazard identified, if any, shall be mentation of the preventive controls under culture and representatives of State depart- implemented before the change in activities section 419 of the Federal Food, Drug, and ments of agriculture, shall publish a notice at the facility is commenced. Such owner, Cosmetic Act (as added by subsection (a)). of proposed rulemaking to establish science- operator, or agent shall revise the written (2) CONTENT.—The regulations promulgated plan required under subsection (h) if such a under paragraph (1) shall provide sufficient based minimum standards for the safe pro- significant change is made or document the flexibility to be applicable in all situations, duction and harvesting of those types of basis for the conclusion that no additional or including in the operations of small busi- fruits and vegetables that are raw agricul- revised preventive controls are needed. The nesses. tural commodities for which the Secretary has determined that such standards mini- Secretary may require a reanalysis under (3) RULE OF CONSTRUCTION.—Nothing in this this section to respond to new hazards and subsection shall be construed to provide the mize the risk of serious adverse health con- developments in scientific understanding. Secretary with the authority to apply spe- sequences or death. ‘‘(j) DEEMED COMPLIANCE OF SEAFOOD, cific technologies, practices, or critical con- ‘‘(2) PUBLIC INPUT.—During the comment JUICE, AND LOW-ACID CANNED FOOD FACILI- trols to an individual facility. period on the notice of proposed rulemaking under paragraph (1), the Secretary shall con- TIES IN COMPLIANCE WITH HACCP.—An (4) REVIEW.—In promulgating the regula- owner, operator, or agent in charge of a fa- tions under paragraph (1), the Secretary duct not less than 3 public meetings in di- cility required to comply with 1 of the fol- shall review regulatory hazard analysis and verse geographical areas of the United States lowing standards and regulations with re- preventive control programs in existence on to provide persons in different regions an op- spect to such facility shall be deemed to be the date of enactment of this Act to ensure portunity to comment. in compliance with this section, with respect that the program under such section 419 is ‘‘(3) CONTENT.—The proposed rulemaking to such facility: consistent, to the extent practicable, with under paragraph (1) shall— ‘‘(1) The Seafood Hazard Analysis Critical applicable internationally recognized stand- ‘‘(A) include, with respect to growing, har- Control Points Program of the Food and ards in existence on such date. vesting, sorting, and storage operations, Drug Administration. (c) GUIDANCE DOCUMENT.—The Secretary minimum standards related to fertilizer use, ‘‘(2) The Juice Hazard Analysis Critical shall issue a guidance document related to nutrients, hygiene, packaging, temperature Control Points Program of the Food and hazard analysis and preventive controls re- controls, animal encroachment, and water; Drug Administration. quired under section 419 of the Federal Food, and ‘‘(3) The Thermally Processed Low-Acid Drug, and Cosmetic Act (as added by sub- ‘‘(B) consider hazards that occur naturally, Foods Packaged in Hermetically Sealed Con- section (a)). may be unintentionally introduced, or may tainers standards of the Food and Drug Ad- (d) PROHIBITED ACTS.—Section 301 (21 be intentionally introduced, including by ministration (or any successor standards). U.S.C. 331), as amended by section 103, is acts of terrorism. ‘‘(k) EXCEPTION FOR FACILITIES IN COMPLI- amended by adding at the end the following: ‘‘(4) PRIORITIZATION.—The Secretary shall ANCE WITH SECTION 420.—This section shall ‘‘(pp) The operation of a facility that man- prioritize the implementation of the regula- not apply to a facility that is subject to sec- ufacturers, processes, packs, or holds food tions for specific fruits and vegetables that tion 420. for sale in the United States if the owner, op- are raw agricultural commodities that have

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been associated with food-borne illness out- (b) PROHIBITED ACTS.—Section 301 (21 ‘‘(4) The rigor of the foreign supplier breaks. U.S.C. 331), as amended by section 104, is verification program under section 805. ‘‘(b) FINAL REGULATION.— amended by adding at the end the following: ‘‘(5) Whether the food importer partici- ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(qq) The production or harvesting of pates in the Voluntary Qualified Importer after the close of the comment period for the produce not in accordance with minimum Program under section 806. proposed rulemaking under subsection (a), standards as provided by regulation under ‘‘(6) Whether the food meets the criteria the Secretary shall adopt a final regulation section 420(b) or a variance issued under sec- for priority under section 801(h)(1). to provide for minimum standards for those tion 420(c).’’. ‘‘(7) Whether the food is from a facility types of fruits and vegetables that are raw (c) NO EFFECT ON HACCP AUTHORITIES.— that has received a certificate as described agricultural commodities for which the Sec- Nothing in the amendments made by this in section 809(b). retary has determined that such standards section limits the authority of the Secretary ‘‘(8) Any other criteria deemed appropriate minimize the risk of serious adverse health under the Federal Food, Drug, and Cosmetic by the Secretary for purposes of allocating consequences or death. Act (21 U.S.C. 301 et seq.) or the Public inspection resources. Health Service Act (42 U.S.C. 201 et seq.) to ‘‘(2) FINAL REGULATION.—The final regula- ‘‘(c) COORDINATION.—The Secretary shall revise, issue, or enforce product and cat- tion shall— improve coordination and cooperation with egory-specific regulations, such as the Sea- ‘‘(A) provide a reasonable period of time the Secretary of Agriculture to target food food Hazard Analysis Critical Controls for compliance, taking into account the inspection resources. needs of small businesses for additional time Points Program, the Juice Hazard Analysis ‘‘(d) FACILITY.—For purposes of this sec- to comply; Critical Control Program, and the Thermally tion, the term ‘facility’ means a domestic fa- ‘‘(B) provide for coordination of education Processed Low-Acid Foods Packaged in Her- cility or a foreign facility that is required to and enforcement activities by State and metically Sealed Containers standards. register under section 415.’’. local officials, as designated by the Gov- SEC. 107. TARGETING OF INSPECTION RE- ernors of the respective States; and SOURCES FOR DOMESTIC FACILI- (b) ANNUAL REPORT.—Section 903 (21 U.S.C. ‘‘(C) include a description of the variance TIES, FOREIGN FACILITIES, AND 393) is amended by adding at the end the fol- PORTS OF ENTRY; ANNUAL REPORT. process under subsection (c) and the types of lowing: (a) TARGETING OF INSPECTION RESOURCES permissible variances the Secretary may ‘‘(h) ANNUAL REPORT REGARDING FOOD.— FOR DOMESTIC FACILITIES, FOREIGN FACILI- grant. Not later than February 1 of each year, the TIES, AND PORTS OF ENTRY.—Chapter IV (21 ‘‘(c) CRITERIA.— U.S.C. 341 et seq.), as amended by section 106, Secretary shall submit to Congress a report ‘‘(1) IN GENERAL.—The regulations adopted is amended by adding at the end the fol- regarding— under subsection (b) shall— lowing: ‘‘(1) information about food facilities in- ‘‘(A) set forth those procedures, processes, cluding— and practices as the Secretary determines to ‘‘SEC. 421. TARGETING OF INSPECTION RE- SOURCES FOR DOMESTIC FACILI- ‘‘(A) the appropriations used to inspect fa- be reasonably necessary to prevent the intro- TIES, FOREIGN FACILITIES, AND cilities registered pursuant to section 415 in duction of known or reasonably foreseeable PORTS OF ENTRY; ANNUAL REPORT. the previous fiscal year; biological, chemical, and physical hazards, ‘‘(a) IDENTIFICATION AND INSPECTION OF FA- ‘‘(B) the average cost of both a non-high- including hazards that occur naturally, may CILITIES.— risk food facility inspection and a high-risk be unintentionally introduced, or may be in- ‘‘(1) IDENTIFICATION.—The Secretary shall food facility inspection, if such a difference tentionally introduced, including by acts of allocate resources to inspect facilities ac- exists, in the previous fiscal year; terrorism, into fruits and vegetables that are cording to the risk profile of the facilities, ‘‘(C) the number of domestic facilities and raw agricultural commodities and to provide which shall be based on the following fac- the number of foreign facilities registered reasonable assurances that the produce is tors: pursuant to section 415 that the Secretary not adulterated under section 402; and ‘‘(A) The risk profile of the food manufac- inspected in the previous fiscal year; ‘‘(B) permit States and foreign countries tured, processed, packed, or held at the facil- ‘‘(D) the number of domestic facilities and from which food is imported into the United ity. the number of foreign facilities registered States, subject to paragraph (2), to request ‘‘(B) The facility’s history of food recalls, pursuant to section 415 that the Secretary from the Secretary variances from the re- outbreaks, and violations of food safety did not inspect in the previous fiscal year; quirements of the regulations, where upon standards. ‘‘(E) the number of high-risk facilities approval of the Secretary, the variance is ‘‘(C) The rigor of the facility’s hazard anal- identified pursuant to section 421 that the considered permissible under the require- ysis and risk-based preventive controls. Secretary inspected in the previous fiscal ments of the regulations adopted under sub- ‘‘(D) Whether the food manufactured, proc- year; and section (b)(1)(C) and where the State or for- essed, packed, handled, prepared, treated, ‘‘(F) the number of high-risk facilities eign country determines that the variance is distributed, or stored at the facility meets identified pursuant to section 421 that the necessary in light of local growing condi- the criteria for priority under section Secretary did not inspect in the previous fis- tions and that the procedures, processes, and 801(h)(1). cal year; practices to be followed under the variance ‘‘(E) Whether the facility has received a ‘‘(2) information about food imports in- are reasonably likely to ensure that the certificate as described in section 809(b). cluding— produce is not adulterated under section 402 ‘‘(F) Any other criteria deemed necessary ‘‘(A) the number of lines of food imported to the same extent as the requirements of and appropriate by the Secretary for pur- into the United States that the Secretary the regulation adopted under subsection (b). poses of allocating inspection resources. physically inspected or sampled in the pre- ‘‘(2) APPROVAL OF VARIANCES.—A State or ‘‘(2) INSPECTIONS.—The Secretary shall in- vious fiscal year; foreign country from which food is imported crease the frequency of inspection of all fa- ‘‘(B) the number of lines of food imported into the United States shall request a vari- cilities, and shall increase the frequency of into the United States that the Secretary ance from the Secretary in writing. The Sec- inspection of facilities identified under para- did not physically inspect or sample in the retary may deny such a request as not rea- graph (1) as high-risk facilities such that— previous fiscal year; and sonably likely to ensure that the produce is ‘‘(A) for the first 2 years after the date of ‘‘(C) the average cost of physically inspect- not adulterated under section 402 to the enactment of the FDA Food Safety Mod- ing or sampling a food line subject to this same extent as the requirements of the regu- ernization Act, each high-risk facility is in- Act that is imported or offered for import lation adopted under subsection (b). spected not less often than once every 2 into the United States; and ‘‘(d) ENFORCEMENT.—The Secretary may years; and ‘‘(3) information on the foreign offices es- coordinate with the Secretary of Agriculture ‘‘(B) for each succeeding year, each high- tablished under section 309 of the FDA Food and shall contract and coordinate with the risk facility is inspected not less often than Safety Modernization Act including— agency or department designated by the once each year. ‘‘(A) the number of foreign offices estab- Governor of each State to perform activities ‘‘(b) IDENTIFICATION AND INSPECTION AT lished; and to ensure compliance with this section. PORTS OF ENTRY.—The Secretary, in con- ‘‘(B) the number of personnel permanently ‘‘(e) GUIDANCE.—Not later than 1 year after sultation with the Secretary of Homeland stationed in each foreign office. the date of enactment of the FDA Food Safe- Security, shall allocate resources to inspect ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD ty Modernization Act, the Secretary shall articles of food imported into the United REPORTS.—The Secretary shall make the re- publish, after consultation with the Sec- States according to the risk profile of the ar- ports required under subsection (h) available retary of Agriculture and representatives of ticle of food, which shall be based on the fol- to the public on the Internet Web site of the State departments of agriculture, updated lowing factors: Food and Drug Administration.’’. good agricultural practices and guidance for ‘‘(1) The risk profile of the food imported. the safe production and harvesting of spe- ‘‘(2) The risk profile of the countries of ori- SEC. 108. ADMINISTRATIVE DETENTION OF FOOD. cific types of fresh produce. gin and countries of transport of the food im- (a) IN GENERAL.—Section 304(h)(1)(A) (21 ‘‘(f) EXCEPTION FOR FACILITIES IN COMPLI- ported. U.S.C. 334(h)(1)(A)) is amended by— ANCE WITH SECTION 419.—This section shall ‘‘(3) The history of food recalls, outbreaks, (1) striking ‘‘credible evidence or informa- not apply to a facility that is subject to sec- and violations of food safety standards of the tion indicating’’ and inserting ‘‘reason to be- tion 419.’’. food importer. lieve’’; and

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7938 CONGRESSIONAL RECORD — SENATE July 31, 2008 (2) striking ‘‘presents a threat of serious (C) include a model assessment for a person partment of Homeland Security to achieve adverse health consequences or death to hu- to use under subparagraph (A); the following goals: mans or animals’’ and inserting ‘‘is adulter- (D) include examples of mitigation strate- (A) PREPAREDNESS GOAL.—Enhance the pre- ated or misbranded’’. gies or measures described in subparagraph paredness of the agriculture and food system (b) REGULATIONS.—Not later than 120 days (B); and by— after the date of enactment of this Act, the (E) specify situations in which the exam- (i) conducting vulnerability assessments of Secretary shall issue an interim final rule ples of mitigation strategies or measures de- the agriculture and food system; amending subpart K of part 1 of title 21, Code scribed in subparagraph (D) are appropriate. (ii) mitigating vulnerabilities of the sys- of Federal Regulations, to implement the (3) LIMITED DISTRIBUTION.—In the interest tem; amendment made by this section. of national security, the Secretary, in con- (iii) improving communication and train- (c) EFFECTIVE DATE.—The amendment sultation with the Secretary of Homeland ing relating to the system; made by this section shall take effect 180 Security, may determine the time and man- (iv) developing and conducting exercises to days after the date of enactment of this Act. ner in which the guidance documents issued test decontamination and disposal plans; SEC. 109. PROTECTION AGAINST INTENTIONAL under paragraph (1) are made public, includ- (v) developing modeling tools to improve ADULTERATION. ing by releasing such documents to targeted event consequence assessment and decision (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 audiences. support; and et seq.), as amended by section 107, is amend- (c) PERIODIC REVIEW.—The Secretary shall (vi) preparing risk communication tools ed by adding at the end the following: periodically review and, as appropriate, up- and enhancing public awareness through out- date the regulation under subsection (a) and ‘‘SEC. 422. PROTECTION AGAINST INTENTIONAL reach. ADULTERATION. the guidance documents under subsection (B) DETECTION GOAL.—Improve agriculture (b). ‘‘(a) IN GENERAL.—Not later than 24 and food system detection capabilities by— (d) PROHIBITED ACTS.—Section 301 (21 months after the date of enactment of the (i) identifying contamination in food prod- U.S.C. 331 et seq.), as amended by section 106, ucts at the earliest possible time; and FDA Food Safety Modernization Act, the is amended by adding at the end the fol- Secretary, in consultation with the Sec- (ii) conducting surveillance to prevent the lowing: spread of diseases. retary of Homeland Security and the Sec- ‘‘(rr) The failure to comply with section (C) EMERGENCY RESPONSE GOAL.—Ensure an retary of Agriculture, shall promulgate regu- 422.’’. efficient response to agriculture and food lations to protect against the intentional SEC. 110. NATIONAL AGRICULTURE AND FOOD adulteration of food subject to this Act. DEFENSE STRATEGY. emergencies by— (i) immediately investigating animal dis- ‘‘(b) CONTENT OF REGULATIONS.—Regula- (a) DEVELOPMENT AND SUBMISSION OF tions under subsection (a) shall only apply to STRATEGY.— ease outbreaks and suspected food contami- food— (1) IN GENERAL.—Not later than 1 year after nation; ‘‘(1) for which the Secretary has identified the date of enactment of this Act, the Sec- (ii) preventing additional human illnesses; clear vulnerabilities (such as short shelf-life retary of Health and Human Services and the (iii) organizing, training, and equipping or susceptibility to intentional contamina- Secretary of Agriculture, in coordination animal, plant, and food emergency response tion at critical control points); with the Secretary of Homeland Security, teams of— ‘‘(2) in bulk or batch form, prior to being shall prepare and submit to the relevant (I) the Federal Government; and packaged for the final consumer; and committees of Congress, and make publicly (II) State, local, and tribal governments; ‘‘(3) for which there is a high risk of inten- available on the Internet Web site of the De- (iv) designing, developing, and evaluating tional contamination, as determined by the partment of Health and Human Services and training and exercises carried out under ag- Secretary, that could cause serious adverse the Department of Agriculture, the National riculture and food defense plans; and health consequences or death to humans or Agriculture and Food Defense Strategy. (v) ensuring consistent and organized risk animals. (2) IMPLEMENTATION PLAN.—The strategy communication to the public by— ‘‘(c) DETERMINATIONS.—In making the de- shall include an implementation plan for use (I) the Federal Government; termination under subsection (b)(3), the Sec- by the Secretaries described under paragraph (II) State, local, and tribal governments; retary shall— (1) in carrying out the strategy. and ‘‘(1) conduct vulnerability assessments of (3) RESEARCH.—The strategy shall include (III) the private sector. the food system; a coordinated research agenda for use by the (D) RECOVERY GOAL.—Secure agriculture ‘‘(2) consider the best available under- Secretaries described under paragraph (1) in and food production after an agriculture or standing of uncertainties, risks, costs, and conducting research to support the goals and food emergency by— benefits associated with guarding against in- activities described in paragraphs (1) and (2) (i) working with the private sector to de- tentional adulteration at vulnerable points; of subsection (b). velop business recovery plans to rapidly re- and (4) REVISIONS.—Not later than 4 years after sume agriculture and food production; ‘‘(3) determine the types of science-based the date on which the strategy is submitted (ii) conducting exercises of the plans de- mitigation strategies or measures that are to the relevant committees of Congress scribed in subparagraph (C) with the goal of necessary to protect against the intentional under paragraph (1), and not less frequently long-term recovery results; adulteration of food. than every 4 years thereafter, the Secretary (iii) rapidly removing, and effectively dis- ‘‘(d) EXCEPTION.—This section shall not of Health and Human Services and the Sec- posing of— apply to food produced on farms, except for retary of Agriculture, in coordination with (I) contaminated agriculture and food milk. the Secretary of Homeland Security, shall products; and ‘‘(e) DEFINITION.—For purposes of this sec- revise and submit to the relevant commit- (II) infected plants and animals; and tion, the term ‘farm’ has the meaning given tees of Congress the strategy. (iv) decontaminating and restoring areas that term in section 1.227 of title 21, Code of (5) CONSISTENCY WITH EXISTING PLANS.—The affected by an agriculture or food emer- Federal Regulations (or any successor regu- strategy described in paragraph (1) shall be gency. lation).’’. consistent with— SEC. 111. FOOD AND AGRICULTURE COORDI- (b) GUIDANCE DOCUMENTS.— (A) the National Incident Management NATING COUNCILS. (1) IN GENERAL.—Not later than 1 year after System; The Secretary of Homeland Security, in the date of enactment of this Act, the Sec- (B) the National Response Framework; consultation with the Secretary of Health retary, in consultation with the Secretary of (C) the National Infrastructure Protection and Human Services and the Secretary of Homeland Security and the Secretary of Ag- Plan; Agriculture, shall within 180 days of enact- riculture, shall issue guidance documents re- (D) the National Preparedness Goals; and ment of this Act, and annually thereafter, lated to protection against the intentional (E) other relevant national strategies. submit to the relevant committees of Con- adulteration of food, including mitigation (b) COMPONENTS.— gress, and make publicly available on the strategies or measures to guard against such (1) IN GENERAL.—The strategy shall include Internet Web site of the Department of adulteration as required under section 422 of a description of the process to be used by the Homeland Security, a report on the activi- the Federal Food, Drug, and Cosmetic Act, Department of Health and Human Services, ties of the Food and Agriculture Government as added by subsection (a). the Department of Agriculture, and the De- Coordinating Council and the Food and Agri- (2) CONTENT.—The guidance document partment of Homeland Security— culture Sector Coordinating Council, includ- issued under paragraph (1) shall— (A) to achieve each goal described in para- ing the progress of such Councils on— (A) specify how a person shall assess graph (2); and (1) facilitating partnerships between public whether the person is required to implement (B) to evaluate the progress made by Fed- and private entities to help unify and en- mitigation strategies or measures intended eral, State, local, and tribal governments to- hance the protection of the agriculture and to protect against the intentional adultera- wards the achievement of each goal de- food system of the United States; tion of food; scribed in paragraph (2). (2) providing for the regular and timely (B) specify appropriate science-based miti- (2) GOALS.—The strategy shall include a interchange of information between each gation strategies or measures to prepare and description of the process to be used by the council relating to the security of the agri- protect the food supply chain at specific vul- Department of Health and Human Services, culture and food system (including intel- nerable points, as appropriate; the Department of Agriculture, and the De- ligence information);

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7939 (3) identifying best practices and methods ‘‘PART 5—FEES RELATED TO FOOD be construed to authorize the assessment of for improving the coordination among Fed- ‘‘SEC. 740A. AUTHORITY TO COLLECT AND USE any fee inconsistent with the agreement es- eral, State, local, and private sector pre- FEES. tablishing the World Trade Organization or paredness and response plans for agriculture ‘‘(a) IN GENERAL.— any other treaty or international agreement and food defense; and ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal to which the United States is a party. (4) recommending methods by which to year 2009 and each subsequent fiscal year, ‘‘(c) LIMITATIONS.— protect the economy and the public health of the Secretary shall, in accordance with this ‘‘(1) IN GENERAL.—Fees under subsection (a) the United States from the effects of— section, assess and collect fees from— shall be refunded for a fiscal year beginning (A) animal or plant disease outbreaks; ‘‘(A) domestic facilities required to reg- after fiscal year 2009 unless appropriations (B) food contamination; and ister under section 415, to cover reinspection- for the Center for Food Safety and Applied (C) natural disasters affecting agriculture related costs for each such year; Nutrition and the Center for Veterinary and food. ‘‘(B) domestic facilities required to reg- Medicine and related activities of the Office SEC. 112. DECONTAMINATION AND DISPOSAL ister under section 415, to cover food recall of Regulatory Affairs at the Food and Drug STANDARDS AND PLANS. activities performed by the Secretary, in- Administration for such fiscal year (exclud- cluding technical assistance, follow-up effec- ing the amount of fees appropriated for such (a) IN GENERAL.—The Administrator of the Environmental Protection Agency (referred tiveness checks, and public notifications, for fiscal year) are equal to or greater than the each such year; to in this section as the ‘‘Administrator’’), in amount of appropriations for the Center for ‘‘(C) importers required to register under coordination with the Secretary of Health Food Safety and Applied Nutrition and the section 415, to cover the administrative costs and Human Services, Secretary of Homeland Center for Veterinary Medicine and related of participating in the voluntary qualified Security, and Secretary of Agriculture, shall activities of the Office of Regulatory Affairs importer program under section 806 for each provide support for, and technical assistance at the Food and Drug Administration for the such year; and to, State, local, and tribal governments in preceding fiscal year (excluding the amount ‘‘(D) importers, to cover reinspection-re- preparing for, assessing, decontaminating, of fees appropriated for such fiscal year) lated costs at ports of entry for each such and recovering from an agriculture or food multiplied by 1 plus 4.5 percent. year. emergency. ‘‘(2) AUTHORITY.—If the Secretary does not ‘‘(2) DEFINITIONS.—For purposes of this sec- assess fees under subsection (a) during any (b) DEVELOPMENT OF STANDARDS.—In car- tion— portion of a fiscal year because of paragraph rying out subsection (a), the Administrator, ‘‘(A) the term ‘reinspection’ means 1 or (1) and if at a later date in such fiscal year in coordination with the Secretary of Health more inspections conducted under section 704 the Secretary may assess such fees, the Sec- and Human Services, Secretary of Homeland of this Act subsequent to an inspection con- retary may assess and collect such fees, Security, Secretary of Agriculture, and ducted under such provision which identified without any modification in the rate, under State, local, and tribal governments, shall noncompliance materially related to a food subsection (a), notwithstanding the provi- develop and disseminate specific standards safety requirement of this Act, specifically sions of subsection (a) relating to the date and protocols to undertake clean-up, clear- to determine whether compliance has been fees are to be paid. ance, and recovery activities following the achieved to the Secretary’s satisfaction; and ‘‘(3) LIMITATION ON AMOUNT OF CERTAIN decontamination and disposal of specific ‘‘(B) the term ‘reinspection-related costs’ FEES.—Notwithstanding any other provision threat agents and foreign animal diseases. means all expenses, including administrative of this section, in no case may the amount of (c) DEVELOPMENT OF MODEL PLANS.—In car- expenses, incurred in connection with— the fees collected for a fiscal year— rying out subsection (a), the Administrator, ‘‘(i) arranging, conducting, and evaluating ‘‘(A) under subparagraph (B) of subsection the Secretary of Health and Human Services, the results of reinspections; and (a)(1) exceed $20,000,000; and and the Secretary of Agriculture shall joint- ‘‘(ii) assessing and collecting reinspection ‘‘(B) under subparagraphs (A) and (D) of ly develop and disseminate model plans for— fees under this section. subsection (a)(1) exceed $25,000,000 combined. (1) the decontamination of individuals, ‘‘(b) ESTABLISHMENT OF FEES.— ‘‘(d) CREDITING AND AVAILABILITY OF equipment, and facilities following an inten- ‘‘(1) IN GENERAL.—Subject to subsections FEES.—Fees authorized under subsection (a) tional contamination of agriculture or food; (c) and (d), the Secretary shall establish the shall be collected and available for obliga- and fees to be collected under this section for tion only to the extent and in the amount (2) the disposal of large quantities of ani- each fiscal year specified in subsection (a)(1), provided in appropriations Acts. Such fees mals, plants, or food products that have been based on the methodology described under are authorized to remain available until ex- infected or contaminated by specific threat paragraph (2), and shall publish such fees in pended. Such sums as may be necessary may agents and foreign animal diseases. a Federal Register notice not later than 60 be transferred from the Food and Drug Ad- (d) EXERCISES.—In carrying out subsection days before the start of each such year. ministration salaries and expenses account (a), the Administrator, in coordination with ‘‘(2) FEE METHODOLOGY.— without fiscal year limitation to such appro- the entities described under subsection (b), ‘‘(A) FEES.—Fees amounts established for priation account for salaries and expenses shall conduct exercises at least annually to collection— with such fiscal year limitation. The sums evaluate and identify weaknesses in the de- ‘‘(i) under subparagraph (A) of subsection transferred shall be available solely for the contamination and disposal model plans de- (a)(1) for a fiscal year shall be based on the purpose of paying the operating expenses of scribed in subsection (c). Such exercises Secretary’s estimate of 100 percent of the the Food and Drug Administration employ- shall be carried out, to the maximum extent costs of the reinspection-related activities ees and contractors performing activities as- practicable, as part of the national exercise (including by type or level of reinspection sociated with these food safety fees. program under section 648(b)(1) of the Post- activity, as the Secretary determines appli- ‘‘(e) COLLECTION OF FEES.— Katrina Emergency Management Reform Act cable) described in such subparagraph (A) for ‘‘(1) IN GENERAL.—The Secretary shall of 2006 (6 U.S.C. 748(b)(1)). such year; specify in the Federal Register notice de- ‘‘(ii) under subparagraph (B) of subsection (e) MODIFICATIONS.—Based on the exercises scribed in subsection (b)(1) the time and (a)(1) for a fiscal year shall be based on the described in subsection (d), the Adminis- manner in which fees assessed under this sec- Secretary’s estimate of 100 percent of the trator, in coordination with the entities de- tion shall be collected. costs of the activities described in such sub- scribed in subsection (b), shall review and ‘‘(2) COLLECTION OF UNPAID FEES.—In any paragraph (B) for such year; modify as necessary the plans described in case where the Secretary does not receive ‘‘(iii) under subparagraph (C) of subsection subsection (c) not less frequently than bien- payment of a fee assessed under this section (a)(1) for a fiscal year shall be based on the nially. within 30 days after it is due, such fee shall Secretary’s estimate of 100 percent of the (f) PRIORITIZATION.—The Administrator, in be treated as a claim of the United States costs of the activities described in such sub- Government subject to provisions of sub- coordination with the entities described in paragraph (C) for such year; and subsection (b), shall develop standards and chapter II of chapter 37 of title 31, United ‘‘(iv) under subparagraph (D) of subsection States Code. plans under subsections (b) and (c) in an (a)(1) for a fiscal year shall be based on the identified order of priority that takes into ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not Secretary’s estimate of 100 percent of the later than 120 days after each fiscal year for account— costs of the activities described in such sub- which fees are assessed under this section, (1) highest-risk biological, chemical, and paragraph (D) for such year. the Secretary shall submit a report to the radiological threat agents; ‘‘(B) OTHER CONSIDERATIONS.—In estab- Committee on Health, Education, Labor, and (2) agents that could cause the greatest lishing the fee amounts for a fiscal year, the Pensions of the United States Senate and the economic devastation to the agriculture and Secretary shall provide for the crediting of Committee on Energy and Commerce of the food system; and fees from the previous year to the next year United States House of Representatives, to (3) agents that are most difficult to clean if the Secretary overestimated the amount include a description of fees assessed and col- or remediate. of fees needed to carry out such activities, lected for each such year and a summary de- SEC. 113. AUTHORITY TO COLLECT FEES. and consider the need to account for any ad- scription of the entities paying such fees and (a) FEES FOR REINSPECTION, RECALL, AND justment of fees and such other factors as the types of business in which such entities IMPORTATION ACTIVITIES.—Subchapter C of the Secretary determines appropriate. engage. chapter VII (21 U.S.C. 379f et seq.) is amended ‘‘(3) COMPLIANCE WITH INTERNATIONAL ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— by inserting after section 740 the following: AGREEMENTS.—Nothing in this section shall For fiscal year 2009 and each fiscal year

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(1) AUTHORITY FOR EXPORT CERTIFICATIONS 1974 (20 U.S.C. 1232g). (K) Other elements the Secretary deems FOR FOOD, INCLUDING ANIMAL FEED.—Section (2) CONTENTS.—The voluntary guidelines necessary for the management of food aller- 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amend- developed by the Secretary under paragraph gies and anaphylaxis in schools and early ed— (1) shall address each of the following, and childhood education programs. (A) in the matter preceding clause (i), by may be updated as the Secretary deems nec- (3) RELATION TO STATE LAW.—Nothing in striking ‘‘a drug’’ and inserting ‘‘a food, essary: this section or the guidelines developed by drug’’; (A) Parental obligation to provide the the Secretary under paragraph (1) shall be (B) in clause (i) by striking ‘‘exported school or early childhood education pro- construed to preempt State law, including drug’’ and inserting ‘‘exported food, drug’’; gram, prior to the start of every school year, any State law regarding whether students at and with— risk for anaphylaxis may self-administer (C) in clause (ii) by striking ‘‘the drug’’ (i) documentation from their child’s physi- medication. cian or nurse— each place it appears and inserting ‘‘the (c) SCHOOL-BASED FOOD ALLERGY MANAGE- (I) supporting a diagnosis of food allergy food, drug’’. MENT GRANTS.— and the risk of anaphylaxis; (2) CLARIFICATION OF CERTIFICATION.—Sec- (1) IN GENERAL.—The Secretary may award (II) identifying any food to which the child tion 801(e)(4) (21 U.S.C. 381(e)(4)) is amended grants to local educational agencies to assist is allergic; by inserting after subparagraph (B) the fol- such agencies with implementing voluntary (III) describing, if appropriate, any prior lowing new subparagraph: food allergy and anaphylaxis management ‘‘(C) For purposes of this paragraph, a cer- history of anaphylaxis; (IV) listing any medication prescribed for guidelines described in subsection (b). tification by the Secretary shall be made on (2) APPLICATION.— such basis, and in such form (including a the child for the treatment of anaphylaxis; (V) detailing emergency treatment proce- (A) IN GENERAL.—To be eligible to receive a publicly available listing) as the Secretary grant under this subsection, a local edu- determines appropriate.’’. dures in the event of a reaction; (VI) listing the signs and symptoms of a re- cational agency shall submit an application SEC. 114. FINAL RULE FOR PREVENTION OF SAL- action; and to the Secretary at such time, in such man- MONELLA ENTERITIDIS IN SHELL ner, and including such information as the EGGS DURING PRODUCTION. (VII) assessing the child’s readiness for self-administration of prescription medica- Secretary may reasonably require. Not later than 1 year after the date of en- (B) CONTENTS.—Each application sub- actment of this Act, the Secretary shall tion; and (ii) a list of substitute meals that may be mitted under subparagraph (A) shall in- issue a final rule based on the proposed rule clude— issued by the Commissioner of Food and offered to the child by school or early child- hood education program food service per- (i) an assurance that the local educational Drugs entitled ‘‘Prevention of Salmonella agency has developed plans in accordance Enteritidis in Shell Eggs During Produc- sonnel. (B) The creation and maintenance of an in- with the food allergy and anaphylaxis man- tion’’, 69 Fed. Reg. 56824, (September 22, agement guidelines described in subsection 2004). dividual health care plan for food allergy management, in consultation with the par- (b); SEC. 115. SANITARY TRANSPORTATION OF FOOD. ent, tailored to the needs of each child with (ii) a description of the activities to be Not later than 1 year after the date of en- a documented risk for anaphylaxis, including funded by the grant in carrying out the food actment of this Act, the Secretary shall pro- any procedures for the self-administration of allergy and anaphylaxis management guide- mulgate regulations described in section medication by such children in instances lines, including— 416(b) of the Federal Food, Drug, and Cos- where— (I) how the guidelines will be carried out at metic Act (21 U.S.C. 350e(b)). (i) the children are capable of self-admin- individual schools served by the local edu- SEC. 116. FOOD ALLERGY AND ANAPHYLAXIS istering medication; and cational agency; MANAGEMENT. (ii) such administration is not prohibited (II) how the local educational agency will (a) DEFINITIONS.—In this section: by State law. inform parents and students of the guide- (1) EARLY CHILDHOOD EDUCATION PRO- (C) Communication strategies between in- lines in place; GRAM.—The term ‘‘early childhood education dividual schools or early childhood edu- (III) how school nurses, teachers, adminis- program’’ means— cation programs and local providers of emer- trators, and other school-based staff will be (A) a Head Start program or an Early Head gency medical services, including appro- made aware of, and given training on, when Start program carried out under the Head priate instructions for emergency medical applicable, the guidelines in place; and Start Act (42 U.S.C. 9831 et seq.); response. (IV) any other activities that the Sec- (B) a State licensed or regulated child care (D) Strategies to reduce the risk of expo- retary determines appropriate; program or school; or sure to anaphylactic causative agents in (iii) an itemization of how grant funds re- (C) a State prekindergarten program that classrooms and common school or early ceived under this subsection will be ex- serves children from birth through kinder- childhood education program areas such as pended; garten. cafeterias. (iv) a description of how adoption of the (2) ESEA DEFINITIONS.—The terms ‘‘local (E) The dissemination of general informa- guidelines and implementation of grant ac- educational agency’’, ‘‘secondary school’’, tion on life-threatening food allergies to tivities will be monitored; and ‘‘elementary school’’, and ‘‘parent’’ have the school or early childhood education program (v) an agreement by the local educational meanings given the terms in section 9101 of staff, parents, and children. agency to report information required by the the Elementary and Secondary Education (F) Food allergy management training of Secretary to conduct evaluations under this Act of 1965 (20 U.S.C. 7801). school or early childhood education program subsection. (3) SCHOOL.—The term ‘‘school’’ includes personnel who regularly come into contact (3) USE OF FUNDS.—Each local educational public— with children with life-threatening food al- agency that receives a grant under this sub- (A) kindergartens; lergies. section may use the grant funds for the fol- (B) elementary schools; and (G) The authorization and training of lowing: (C) secondary schools. school or early childhood education program (A) Purchase of materials and supplies, in- (b) ESTABLISHMENT OF VOLUNTARY FOOD personnel to administer epinephrine when cluding limited medical supplies such as epi- ALLERGY AND ANAPHYLAXIS MANAGEMENT the nurse is not immediately available. nephrine and disposable wet wipes, to sup- GUIDELINES.— (H) The timely accessibility of epinephrine port carrying out the food allergy and ana- (1) ESTABLISHMENT.— by school or early childhood education pro- phylaxis management guidelines described in (A) IN GENERAL.—Not later than 1 year gram personnel when the nurse is not imme- subsection (b). after the date of enactment of this Act, the diately available. (B) In partnership with local health depart- Secretary, in consultation with the Sec- (I) The creation of a plan contained in each ments, school nurse, teacher, and personnel retary of Education, shall— individual health care plan for food allergy training for food allergy management. (i) develop guidelines to be used on a vol- management that addresses the appropriate (C) Programs that educate students as to untary basis to develop plans for individuals response to an incident of anaphylaxis of a the presence of, and policies and procedures to manage the risk of food allergy and ana- child while such child is engaged in extra- in place related to, food allergies and phylaxis in schools and early childhood edu- curricular programs of a school or early anaphylactic shock. cation programs; and childhood education program, such as non- (D) Outreach to parents. (ii) make such guidelines available to local academic outings and field trips, before- and (E) Any other activities consistent with educational agencies, schools, early child- after-school programs or before- and after- the guidelines described in subsection (b).

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(4) DURATION OF AWARDS.—The Secretary TITLE II—DETECTION AND determining the need for a national recall or may award grants under this subsection for a SURVEILLANCE other compliance and enforcement activi- period of not more than 2 years. In the event SEC. 201. RECOGNITION OF LABORATORY AC- ties.’’. the Secretary conducts a program evaluation CREDITATION FOR ANALYSES OF (b) FOOD EMERGENCY RESPONSE NETWORK.— under this subsection, funding in the second FOODS. The Secretary, in coordination with the Sec- year of the grant, where applicable, shall be (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 retary of Agriculture, the Secretary of contingent on a successful program evalua- et seq.), as amended by section 109, is amend- Homeland Security, and State, local, and tion by the Secretary after the first year. ed by adding at the end the following: tribal governments shall, not later than 180 (5) LIMITATION ON GRANT FUNDING.—The ‘‘SEC. 423. RECOGNITION OF LABORATORY AC- days after the date of enactment of this Act, Secretary may not provide grant funding to CREDITATION FOR ANALYSES OF and biennially thereafter, submit to the rel- FOODS. a local educational agency under this sub- evant committees of Congress, and make ‘‘(a) RECOGNITION OF LABORATORY ACCREDI- section after such local educational agency publicly available on the Internet Web site TATION.— has received 2 years of grant funding under of the Department of Health and Human ‘‘(1) IN GENERAL.—Not later than 2 years this subsection. Services, a report on the progress in imple- after the date of enactment of the FDA Food menting a national food emergency response (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.— Safety Modernization Act, the Secretary laboratory network that— A grant awarded under this subsection may shall— not be made in an amount that is more than (1) provides ongoing surveillance, rapid de- ‘‘(A) provide for the recognition of accredi- tection, and surge capacity for large-scale $50,000 annually. tation bodies that accredit laboratories, in- food-related emergencies, including inten- (7) PRIORITY.—In awarding grants under cluding laboratories run and operated by a tional adulteration of the food supply; this subsection, the Secretary shall give pri- State or locality, with a demonstrated capa- (2) coordinates the food laboratory capac- ority to local educational agencies with the bility to conduct analytical testing of food ities of State food laboratories, including the highest percentages of children who are products; and sharing of data between State laboratories counted under section 1124(c) of the Elemen- ‘‘(B) establish a publicly available registry to develop national situational awareness; tary and Secondary Education Act of 1965 (20 of accreditation bodies, including the name (3) provides accessible, timely, accurate, U.S.C. 6333(c)). of, contact information for, and other infor- and consistent food laboratory services (8) MATCHING FUNDS.— mation deemed necessary by the Secretary throughout the United States; (A) IN GENERAL.—The Secretary may not about such bodies. (4) develops and implements a methods re- award a grant under this subsection unless ‘‘(2) MODEL ACCREDITATION STANDARDS.— pository for use by Federal, State, and local the local educational agency agrees that, The Secretary shall develop model standards officials; with respect to the costs to be incurred by that an accreditation body shall require lab- (5) responds to food-related emergencies; such local educational agency in carrying oratories to meet in order to be included in and out the grant activities, the local edu- the registry provided for under paragraph (1). (6) is integrated with relevant laboratory cational agency shall make available (di- In developing the model standards, the Sec- networks administered by other Federal rectly or through donations from public or retary shall look to existing standards for agencies. guidance. The model standards shall include private entities) non-Federal funds toward SEC. 202. INTEGRATED CONSORTIUM OF LABORA- such costs in an amount equal to not less methods to ensure that— TORY NETWORKS. than 25 percent of the amount of the grant. ‘‘(A) appropriate sampling and analytical (a) IN GENERAL.—The Secretary of Home- (B) DETERMINATION OF AMOUNT OF NON-FED- procedures are followed and reports of anal- land Security, in consultation with the Sec- ERAL CONTRIBUTION.—Non-Federal funds re- yses are certified as true and accurate; retary of Health and Human Services, the quired under subparagraph (A) may be cash ‘‘(B) internal quality systems are estab- Secretary of Agriculture, and the Adminis- or in kind, including plant, equipment, or lished and maintained; trator of the Environmental Protection services. Amounts provided by the Federal ‘‘(C) procedures exist to evaluate and re- Agency, shall maintain an agreement Government, and any portion of any service spond promptly to complaints regarding through which relevant laboratory network subsidized by the Federal Government, may analyses and other activities for which the members, as determined by the Secretary of not be included in determining the amount laboratory is recognized; Homeland Security, shall— of such non-Federal funds. ‘‘(D) individuals who conduct the analyses (1) agree on common laboratory methods are qualified by training and experience to (9) ADMINISTRATIVE FUNDS.—A local edu- in order to facilitate the sharing of knowl- do so; and cational agency that receives a grant under edge and information relating to animal ‘‘(E) any other criteria determined appro- this subsection may use not more than 2 per- health, agriculture, and human health; priate by the Secretary. cent of the grant amount for administrative (2) identify the means by which each lab- ‘‘(3) REVIEW OF ACCREDITATION.—To assure costs related to carrying out this subsection. oratory network member could work coop- compliance with the requirements of this eratively— (10) PROGRESS AND EVALUATIONS.—At the section, the Secretary shall— completion of the grant period referred to in (A) to optimize national laboratory pre- ‘‘(A) periodically, or at least every 5 years, paredness; and paragraph (4), a local educational agency reevaluate accreditation bodies recognized shall provide the Secretary with information (B) to provide surge capacity during emer- under paragraph (1); and gencies; and on how grant funds were spent and the status ‘‘(B) promptly revoke the recognition of of implementation of the food allergy and (3) engage in ongoing dialogue and build re- any accreditation body found not to be in lationships that will support a more effec- anaphylaxis management guidelines de- compliance with the requirements of this scribed in subsection (b). tive and integrated response during emer- section. gencies. (11) SUPPLEMENT, NOT SUPPLANT.—Grant ‘‘(b) TESTING PROCEDURES.—Food testing (b) REPORTING REQUIREMENT.—The Sec- funds received under this subsection shall be shall be conducted by either Federal labora- retary of Homeland Security shall, on a bien- used to supplement, and not supplant, non- tories or non-Federal laboratories that have nial basis, submit to the relevant commit- Federal funds and any other Federal funds been accredited by an accreditation body on tees of Congress, and make publicly avail- available to carry out the activities de- the registry established by the Secretary able on the Internet Web site of the Depart- under subsection (a) whenever such testing is scribed in this subsection. ment of Homeland Security, a report on the either conducted by or on behalf of an owner (12) AUTHORIZATION OF APPROPRIATIONS.— progress of the integrated consortium of lab- or consignee— There is authorized to be appropriated to oratory networks, as established under sub- ‘‘(1) in support of admission of an article of carry out this subsection $30,000,000 for fiscal section (a), in carrying out this section. year 2009 and such sums as may be necessary food under section 801(a); SEC. 203. BUILDING DOMESTIC CAPACITY. for each of the 4 succeeding fiscal years. ‘‘(2) due to a specific testing requirement in this Act or implementing regulations; (a) IN GENERAL.— (d) VOLUNTARY NATURE OF GUIDELINES.— ‘‘(3) under an Import Alert that requires (1) INITIAL REPORT.—The Secretary shall, (1) IN GENERAL.—The food allergy and ana- successful consecutive tests; or not later than 2 years after the date of enact- phylaxis management guidelines developed ‘‘(4) is so required by the Secretary as the ment of this Act, submit to Congress a com- by the Secretary under subsection (b) are Secretary deems appropriate. prehensive report that identifies programs voluntary. Nothing in this section or the The results of any such sampling or testing and practices that are intended to promote guidelines developed by the Secretary under shall be sent directly to the Food and Drug the safety and security of food and to pre- subsection (b) shall be construed to require a Administration. vent outbreaks of food-borne illness and local educational agency to implement such ‘‘(c) REVIEW BY SECRETARY.—If food sam- other food-related hazards that can be ad- guidelines. pling and testing performed by a laboratory dressed through preventive activities. Such (2) EXCEPTION.—Notwithstanding para- run and operated by a State or locality that report shall include a description of the fol- graph (1), the Secretary may enforce an is accredited by an accreditation body on the lowing: agreement by a local educational agency to registry established by the Secretary under (A) Analysis of the need for regulations or implement food allergy and anaphylaxis subsection (a) result in a State recalling a guidance to industry. management guidelines as a condition of the food, the Secretary shall review the sam- (B) Outreach to food industry sectors, in- receipt of a grant under subsection (c). pling and testing results for the purpose of cluding through the Food and Agriculture

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Coordinating Councils referred to in section assessment system for food safety surveil- (e) PUBLIC INPUT.—During the comment pe- 111, to identify potential sources of emerging lance and allocation of resources. riod in the notice of proposed rulemaking threats to the safety and security of the food (f) TRACEBACK AND SURVEILLANCE RE- under subsection (d), the Secretary shall supply and preventive strategies to address PORT.—The Secretary shall include in the re- conduct not less than 3 public meetings in those threats. port developed under subsection (a)(1) an diverse geographical areas of the United (C) Systems to ensure the prompt distribu- analysis of the Food and Drug Administra- States to provide persons in different regions tion to the food industry of information and tion’s performance in food-borne illness out- an opportunity to comment. technical assistance concerning preventive breaks during the 5-year period preceding (f) RAW AGRICULTURAL COMMODITY.—In this strategies. the date of enactment of this Act involving section, the term ‘‘raw agricultural com- (D) Communication systems to ensure that fruits and vegetables that are raw agricul- modity’’ has the meaning given that term in information about specific threats to the tural commodities (as defined in section section 201(r) of the Federal Food, Drug, and safety and security of the food supply are 201(r) of the Federal Food, Drug, and Cos- Cosmetic Act (21 U.S.C. 321(r)). rapidly and effectively disseminated. metic Act (21 U.S.C. 321(r)) and recommenda- SEC. 205. SURVEILLANCE. (E) Surveillance systems and laboratory tions for enhanced surveillance, outbreak re- (a) DEFINITION OF FOOD-BORNE ILLNESS networks to rapidly detect and respond to sponse, and traceability. Such findings and OUTBREAK.—In this section, the term ‘‘food- recommendations shall address communica- food-borne illness outbreaks and other food- borne illness outbreak’’ means the occur- tion and coordination with the public and in- related hazards, including how such systems rence of 2 or more cases of a similar illness dustry, outbreak identification, and and networks are integrated. resulting from the ingestion of a food. traceback. (b) FOOD-BORNE ILLNESS SURVEILLANCE (F) Outreach, education, and training pro- (g) BIENNIAL FOOD SAFETY AND FOOD DE- SYSTEMS.— vided to States to build State food safety FENSE RESEARCH PLAN.—The Secretary and (1) IN GENERAL.—The Secretary, acting and food defense capabilities, including the Secretary of Agriculture shall, on a bien- through the Director of the Centers for Dis- progress implementing strategies developed nial basis, submit to Congress a joint food ease Control and Prevention, shall enhance under sections 110 and 205. safety and food defense research plan which food-borne illness surveillance systems to (G) The estimated resources needed to ef- may include studying the long-term health improve the collection, analysis, reporting, fectively implement the programs and prac- effects of food-borne illness. Such biennial and usefulness of data on food-borne illnesses tices identified in the report developed in plan shall include a list and description of by— this section over a 5-year period. projects conducted during the previous 2- (A) coordinating Federal, State and local (2) BIENNIAL REPORTS.—On a biennial basis year period and the plan for projects to be food-borne illness surveillance systems, in- following the submission of the report under conducted during the following 2-year period. cluding complaint systems, and increasing paragraph (1), the Secretary shall submit to SEC. 204. ENHANCING TRACEBACK AND RECORD- participation in national networks of public Congress a report that— KEEPING. health and food regulatory agencies and lab- (A) reviews previous food safety programs (a) IN GENERAL.—The Secretary, in con- oratories; and practices; sultation with the Secretary of Agriculture (B) facilitating sharing of findings on a (B) outlines the success of those programs and representatives of State departments of more timely basis among governmental and practices; health and agriculture, shall improve the ca- agencies, including the Food and Drug Ad- (C) identifies future programs and prac- pacity of the Secretary to effectively and ministration, the Department of Agri- tices; and rapidly track and trace, in the event of an culture, and State and local agencies, and (D) includes information related to any outbreak, fruits and vegetables that are raw with the public; matter described in subparagraphs (A) agricultural commodities. (C) developing improved epidemiological (b) PILOT PROJECT.— through (G) of paragraph (1), as necessary. tools for obtaining quality exposure data, (1) IN GENERAL.—Not later than 9 months (b) RISK-BASED ACTIVITIES.—The report de- and microbiological methods for classifying after the date of enactment of this Act, the veloped under subsection (a)(1) shall describe cases; Secretary shall establish a pilot project in methods that seek to ensure that resources (D) augmenting such systems to improve coordination with the produce industry to available to the Secretary for food safety-re- attribution of a food-borne illness outbreak explore and evaluate new methods for rap- lated activities are directed at those actions to a specific food; idly and effectively tracking and tracing most likely to reduce risks from food, in- (E) expanding capacity of such systems, in- fruits and vegetables that are raw agricul- cluding the use of preventive strategies and cluding working toward automatic elec- allocation of inspection resources. The Sec- tural commodities so that, if an outbreak oc- tronic searches, for implementation of retary shall promptly undertake those risk- curs involving such a fruit or vegetable, the fingerprinting strategies for food-borne in- based actions that are identified during the Secretary may quickly identify the source of fectious agents, in order to identify new or development of the report as likely to con- the outbreak and the recipients of the con- rarely documented causes of food-borne ill- tribute to the safety and security of the food taminated food. ness and submit standardized information to supply. (2) CONTENT.—The Secretary shall select a centralized database; (c) CAPABILITY FOR LABORATORY ANALYSES; participants from the produce industry to (F) allowing timely public access to aggre- RESEARCH.—The report developed under sub- run projects which overall shall include at gated, de-identified surveillance data; section (a)(1) shall provide a description of least 3 different types of fruits or vegetables (G) at least annually, publishing current methods to increase capacity to undertake that have been the subject of outbreaks dur- reports on findings from such systems; analyses of food samples promptly after col- ing the 5-year period preceding the date of (H) establishing a flexible mechanism for lection, to identify new and rapid analytical enactment of this Act, and shall be selected rapidly initiating scientific research by aca- techniques, including techniques that can be in order to develop and demonstrate— demic institutions; employed at ports of entry and through Food (A) methods that are applicable and appro- (I) integrating food-borne illness surveil- Emergency Response Network laboratories, priate for small businesses; and lance systems and data with other bio- and to provide for well-equipped and staffed (B) technologies, including existing tech- surveillance and public health situational laboratory facilities. nologies, that enhance traceback and trace awareness capabilities at the state and fed- (d) INFORMATION TECHNOLOGY.—The report forward. eral levels; and developed under subsection (a)(1) shall in- (c) REPORT.—Not later than 18 months clude a description of such information tech- after the date of enactment of this Act, the (J) other activities as determined appro- nology systems as may be needed to identify Secretary shall report to Congress on the priate by the Secretary. risks and receive data from multiple sources, findings of the pilot project under subsection (2) PARTNERSHIPS.—The Secretary shall including foreign governments, State, local, (b) together with recommendations for es- support and maintain a diverse working and tribal governments, other Federal agen- tablishing more effective traceback and group of experts and stakeholders from Fed- cies, the food industry, laboratories, labora- trace forward procedures for fruits and vege- eral, State, and local food safety and health tory networks, and consumers. The informa- tables that are raw agricultural commod- agencies, the food industry, consumer orga- tion technology systems that the Secretary ities. nizations, and academia. Such working describes shall also provide for the integra- (d) TRACEBACK PERFORMANCE REQUIRE- group shall provide the Secretary, through tion of the facility registration system under MENTS.—Not later than 24 months after the at least annual meetings of the working section 415 of the Federal Food, Drug, and date of enactment of this Act, the Secretary group and an annual public report, advice Cosmetic Act (21 U.S.C. 350d), and the prior shall publish a notice of proposed rule- and recommendations on an ongoing and reg- notice system under section 801(m) of such making to establish standards for the type of ular basis regarding the improvement of Act (21 U.S.C. 381(m)) with other information information, format, and timeframe for per- food-borne illness surveillance and imple- technology systems that are used by the sons to submit records to aid the Secretary mentation of this section, including advice Federal Government for the processing of in effectively and rapidly tracking and trac- and recommendations on— food offered for import into the United ing, in the event of an outbreak, fruits and (A) the priority needs of regulatory agen- States. vegetables that are raw agricultural com- cies, the food industry, and consumers for in- (e) AUTOMATED RISK ASSESSMENT.—The re- modities. Nothing in this section shall be formation and analysis on food-borne illness port developed under subsection (a)(1) shall construed as giving the Secretary the au- and its causes; include a description of progress toward de- thority to prescribe specific technologies for (B) opportunities to improve the effective- veloping and improving an automated risk the maintenance of records. ness of initiatives at the Federal, State, and

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7943 local levels, including coordination and inte- TITLE III—SPECIFIC PROVISIONS FOR owner, operator, or agent in charge of a fa- gration of activities among Federal agencies, IMPORTED FOOD cility required to comply with 1 of the fol- and between the Federal, State, and local SEC. 301. FOREIGN SUPPLIER VERIFICATION lowing standards and regulations with re- levels of government; PROGRAM. spect to such facility shall be deemed to be (C) improvement in the timeliness and (a) IN GENERAL.—Chapter VIII (21 U.S.C. in compliance with this section with respect depth of access by regulatory and health 381 et seq.) is amended by adding at the end to such facility: agencies, the food industry, academic re- the following: ‘‘(1) The Seafood Hazard Analysis Critical searchers, and consumers to food-borne ill- ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION Control Points Program of the Food and ness surveillance data collected by govern- PROGRAM. Drug Administration. ‘‘(2) The Juice Hazard Analysis Critical ment agencies at all levels, including data ‘‘(a) IN GENERAL.— Control Points Program of the Food and compiled by the Centers for Disease Control ‘‘(1) VERIFICATION REQUIREMENT.—Each Drug Administration. and Prevention; United States importer of record shall per- ‘‘(3) The Thermally Processed Low-Acid (D) key barriers to improvement in food- form risk-based foreign supplier verification activities in accordance with regulations Foods Packaged in Hermetically Sealed Con- borne illness surveillance and its utility for tainers standards of the Food and Drug Ad- preventing food-borne illness at Federal, promulgated under subsection (c) for the purpose of verifying that the food imported ministration (or any successor standards). State, and local levels; by the importer of record or its agent is— ‘‘(f) PUBLICATION OF LIST OF PARTICI- (E) the capabilities needed for establishing ‘‘(A) produced in compliance with the re- PANTS.—The Secretary shall publish and automatic electronic searches of surveil- quirements of section 419 or 420, as appro- maintain on the Internet Web site of the lance data; and priate; and Food and Drug Administration a current list (F) specific actions to reduce barriers to ‘‘(B) is not adulterated under section 402 or that includes the name of, location of, and improvement, implement the working misbranded under section 403(w). other information deemed necessary by the group’s recommendations, and achieve the ‘‘(2) IMPORTER EXCLUSION.—For purposes of Secretary about, importers participating purposes of this section, with measurable ob- this section, an ‘importer of record’ shall not under this section.’’. jectives and timelines, and identification of include a person holding a valid license (b) PROHIBITED ACT.—Section 301 (21 U.S.C. resource and staffing needs. under section 641 of the Tariff Act of 1930 (19 331), as amended by section 109, is amended by adding at the end the following: (c) IMPROVING FOOD SAFETY AND DEFENSE U.S.C. 1641) (referred to as a ‘customs broker’) if the customs broker has executed ‘‘(ss) The importation or offering for im- CAPACITY AT THE STATE AND LOCAL LEVEL.— portation of a food if the importer of record (1) IN GENERAL.—The Secretary shall de- a written agreement with another person who has agreed to comply with the require- does not have in place a foreign supplier velop and implement strategies to leverage verification program in compliance with sec- and enhance the food safety and defense ca- ments of this section with regard to food im- ported or offered for import by the customs tion 805.’’. pacities of State and local agencies in order broker. (c) IMPORTS.—Section 801(a) (21 U.S.C. to achieve the following goals: ‘‘(b) GUIDANCE.—Not later than 1 year after 381(a)) is amended by adding ‘‘or the im- (A) Improve food-borne illness outbreak re- the date of enactment of the FDA Food Safe- porter of record is in violation of section sponse and containment. ty Modernization Act, the Secretary shall 805’’ after ‘‘or in violation of section 505’’. (B) Accelerate food-borne illness surveil- issue guidance to assist United States im- (d) EFFECTIVE DATE.—The amendments lance and outbreak investigation, including porters of record in developing foreign sup- made by this section shall take effect 2 years rapid shipment of clinical isolates from clin- plier verification programs. after the date of enactment of this Act. ical laboratories to appropriate State labora- ‘‘(c) REGULATIONS.— SEC. 302. VOLUNTARY QUALIFIED IMPORTER tories, and conducting more standardized ill- ‘‘(1) IN GENERAL.—Not later than 1 year PROGRAM. ness outbreak interviews. after the date of enactment of the FDA Food Chapter VIII (21 U.S.C. 381 et seq.), as (C) Strengthen the capacity of State and Safety Modernization Act, the Secretary amended by section 301, is amended by add- local agencies to carry out inspections and shall promulgate regulations to provide for ing at the end the following: enforce safety standards. the content of the foreign supplier ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER (D) Improve the effectiveness of Federal- verification program established under sub- PROGRAM. State partnerships to coordinate food safety section (a). Such regulations shall, as appro- ‘‘(a) IN GENERAL.—Beginning not later and defense resources and reduce the inci- priate, include a process for verification by a than 1 year after the date of enactment of dence of food-borne illness. United States importer of record, with re- the FDA Food Safety Modernization Act, the (E) Share information on a timely basis spect to each foreign supplier from which it Secretary shall— among public health and food regulatory obtains food, that the imported food is pro- ‘‘(1) establish a program, in consultation agencies, with the food industry, with health duced in compliance with the requirements with the Department of Homeland Security, care providers, and with the public. of section 419 or 420, as appropriate, and is to provide for the expedited review and im- (F) Strengthen the capacity of State and not adulterated under section 402 or mis- portation of food offered for importation by local agencies to achieve the goals described branded under section 403(w). United States importers who have volun- in section 110. ‘‘(2) VERIFICATION.—The regulations under tarily agreed to participate in such program; paragraph (1) shall require that the foreign and (2) REVIEW.—In developing of the strategies required by paragraph (1), the Secretary supplier verification program of each im- ‘‘(2) issue a guidance document related to porter of record be adequate to provide as- participation and compliance with such pro- shall, not later than 1 year after the date of surances that each foreign supplier to the gram. enactment of the FDA Food Safety Mod- importer of record produces the imported ‘‘(b) VOLUNTARY PARTICIPATION.—An im- ernization Act, complete a review of State food employing processes and procedures, in- porter may request the Secretary to provide and local capacities, and needs for enhance- cluding risk-based reasonably appropriate for the expedited review and importation of ment, which may include a survey with re- preventive controls, equivalent in preventing designated foods in accordance with the pro- spect to— adulteration and reducing hazards as those gram procedures established by the Sec- (A) staffing levels and expertise available required by section 419 or section 420, as ap- retary. to perform food safety and defense functions; propriate. ‘‘(c) ELIGIBILITY.—In order to be eligible, (B) laboratory capacity to support surveil- ‘‘(3) ACTIVITIES.—Verification activities an importer shall be offering food for impor- lance, outbreak response, inspection, and en- under a foreign supplier verification program tation from a facility that has a certification forcement activities; under this section may include monitoring described in section 809(b). In reviewing the (C) information systems to support data records for shipments, lot-by-lot certifi- applications and making determinations on management and sharing of food safety and cation of compliance, annual on-site inspec- such requests, the Secretary shall consider defense information among State and local tions, checking the hazard analysis and risk- the risk of the food to be imported based on agencies and with counterparts at the Fed- based preventive control plan of the foreign factors, such as the following: eral level; and supplier, and periodically testing and sam- ‘‘(1) The nature of the food to be imported. (D) other State and local activities and pling shipments. ‘‘(2) The compliance history of the foreign needs as determined appropriate by the Sec- ‘‘(d) RECORD MAINTENANCE AND ACCESS.— supplier. retary. Records of a United States importer of ‘‘(3) The capability of the regulatory sys- record related to a foreign supplier tem of the country of export to ensure com- (d) FOOD SAFETY CAPACITY BUILDING verification program shall be maintained for pliance with United States food safety stand- GRANTS.—Section 317R(b) of the Public a period of not less than 2 years and shall be ards. Health Service Act (42 U.S.C. 247b–20(b)) is made available promptly to a duly author- ‘‘(4) The compliance of the importer with amended— ized representative of the Secretary upon re- the requirements of section 805. (1) by striking ‘‘2002’’ and inserting ‘‘2009’’; quest. ‘‘(5) The recordkeeping, testing, inspec- and ‘‘(e) DEEMED COMPLIANCE OF SEAFOOD, tions and audits of facilities, traceability of (2) by striking ‘‘2003 through 2006’’ and in- JUICE, AND LOW-ACID CANNED FOOD FACILI- articles of food, temperature controls, and serting ‘‘2010 through 2013’’. TIES IN COMPLIANCE WITH HACCP.—An sourcing practices of the importer.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7944 CONGRESSIONAL RECORD — SENATE July 31, 2008 ‘‘(6) The potential risk for intentional and inserting ‘‘with respect to an article de- ‘‘SEC. 808. INSPECTION OF FOREIGN FOOD FA- adulteration of the food. scribed in subsection (a) relating to the re- CILITIES. ‘‘(7) Any other factor that the Secretary quirements of sections 760 or 761,’’. ‘‘(a) INSPECTION.—The Secretary— determines appropriate. (d) NO LIMIT ON AUTHORITY.—Nothing in ‘‘(1) may enter into arrangements and ‘‘(d) REVIEW AND REVOCATION.—Any im- the amendments made by this section shall agreements with foreign governments to fa- porter qualified by the Secretary in accord- limit the authority of the Secretary to con- cilitate the inspection of foreign facilities ance with the eligibility criteria set forth in duct random inspections of imported food or registered under section 415; and this section shall be reevaluated not less to take such other steps as the Secretary ‘‘(2) shall direct resources to inspections of often than once every 3 years and the Sec- deems appropriate to determine the admissi- foreign facilities, suppliers, and food types, retary shall promptly revoke the qualified bility of imported food. especially such facilities, suppliers, and food importer status of any importer found not to SEC. 304. PRIOR NOTICE OF IMPORTED FOOD types that present a high risk (as identified be in compliance with such criteria. SHIPMENTS. by the Secretary), to help ensure the safety ‘‘(e) DEFINITION.—For purposes of this sec- (a) IN GENERAL.—Section 801(m)(1) (21 and security of the food supply of the United tion, the term ‘importer’ means the person U.S.C. 381(m)(1)) is amended by inserting States. that brings food, or causes food to be ‘‘any country to which the article has been ‘‘(b) EFFECT OF INABILITY TO INSPECT.— brought, from a foreign country into the cus- refused entry;’’ after ‘‘the country from Notwithstanding any other provision of law, toms territory of the United States.’’. which the article is shipped;’’. food shall be refused admission into the SEC. 303. AUTHORITY TO REQUIRE IMPORT CER- (b) REGULATIONS.—Not later than 120 days United States if it is from a foreign facility TIFICATIONS FOR FOOD. after the date of enactment of this Act, the registered under section 415 of which the (a) IN GENERAL.—Section 801(a) (21 U.S.C. Secretary shall issue an interim final rule owner, operator, or agent in charge of the fa- 381(a)) is amended by inserting after the amending subpart I of part 1 of title 21, Code cility, or the government of the foreign third sentence the following: ‘‘With respect of Federal Regulations, to implement the country, refuses to permit entry of United to an article of food, if importation of such amendment made by this section. States inspectors, upon request, to inspect food is subject to, but not compliant with, (c) EFFECTIVE DATE.—The amendment such facility. For purposes of this sub- the requirement under subsection (p) that made by this section shall take effect 180 section, such an owner, operator, or agent in such food be accompanied by a certification days after the date of enactment of this Act. charge shall be considered to have refused an or other assurance that the food meets some SEC. 305. REVIEW OF A REGULATORY AUTHORITY inspection if such owner, operator, or agent or all applicable requirements of this Act, OF A FOREIGN COUNTRY. in charge refuses such a request to inspect a then such article shall be refused admis- Chapter VIII (21 U.S.C. 381 et seq.), as facility more than 48 hours after such re- sion.’’. amended by section 302, is amended by add- quest is submitted.’’. (b) ADDITION OF CERTIFICATION REQUIRE- ing at the end the following: SEC. 308. ACCREDITATION OF QUALIFIED THIRD- MENT.—Section 801 (21 U.S.C. 381) is amended ‘‘SEC. 807. REVIEW OF A REGULATORY AUTHOR- PARTY AUDITORS. by adding at the end the following new sub- ITY OF A FOREIGN COUNTRY. Chapter VIII (21 U.S.C. 381 et seq.), as section: ‘‘The Secretary may review information amended by section 307, is further amended ‘‘(p) CERTIFICATIONS CONCERNING IMPORTED from a country outlining the statutes, regu- by adding at the end the following: FOODS.— lations, standards, and controls of such ‘‘SEC. 809. ACCREDITATION OF QUALIFIED ‘‘(1) IN GENERAL.—The Secretary, based on country, and conduct on-site audits in such THIRD-PARTY AUDITORS. public health considerations, including risks country to verify the implementation of ‘‘(a) ACCREDITATION OF CERTIFYING associated with the food or its place of ori- those statutes, regulations, standards, and AGENTS.— gin, may require as a condition of granting controls. Based on such review, the Sec- ‘‘(1) IN GENERAL.—Beginning not later than admission to an article of food imported or retary shall determine whether such country 2 years after the date of enactment of the offered for import into the United States, can provide reasonable assurances that the FDA Food Safety Modernization Act, the that an entity specified in paragraph (2) pro- food supply of the country is equivalent in Secretary shall establish and implement an vide a certification or such other assurances safety to food manufactured, processed, accreditation system under which a foreign as the Secretary determines appropriate that packed, or held in the United States.’’. government, a State or regional food author- the article of food complies with some or all SEC. 306. BUILDING CAPACITY OF FOREIGN GOV- ity, a foreign or domestic cooperative that applicable requirements of this Act, as speci- ERNMENTS WITH RESPECT TO aggregates the products of growers or proc- FOOD. fied by the Secretary. Such certification or essors, or any other third party that the Sec- (a) IN GENERAL.—The Secretary shall, not retary determines appropriate, may request assurances may be provided in the form of later than 2 years of the date of enactment to be accredited as a certifying agent to cer- shipment-specific certificates, a listing of of this Act, develop a comprehensive plan to tify that eligible entities meet the applicable certified entities, or in such other form as expand the technical, scientific, and regu- requirements of this Act. the Secretary may specify. Such certifi- latory capacity of foreign governments, and ‘‘(2) REVIEW BY SECRETARY.—When estab- cation shall be used for designated food im- their respective food industries, from which lishing the accreditation system under para- ported from countries with which the Food foods are exported to the United States. and Drug Administration has an agreement (b) CONSULTATION.—In developing the plan graph (1), the Secretary shall review third- to establish a certification program. under subsection (a), the Secretary shall party accreditation systems in existence on ‘‘(2) CERTIFYING ENTITIES.—For purposes of consult with the Secretary of Agriculture, the date of enactment of the FDA Food Safe- paragraph (1), entities that shall provide the Secretary of State, Secretary of the Treas- ty Modernization Act, to avoid unnecessary certification or assurances described in such ury, and the Secretary of Commerce, rep- duplication of efforts and costs. paragraph are— resentatives of the food industry, appro- ‘‘(3) REQUEST BY FOREIGN GOVERNMENT.— ‘‘(A) an agency or a representative of the priate foreign government officials, and non- Prior to accrediting a foreign government as government of the country from which the governmental organizations that represent a certifying agent, the Secretary shall per- article of food at issue originated, as des- the interests of consumers, and other stake- form such reviews and audits of food safety ignated by such government or the Sec- holders. programs, systems, and standards of the gov- retary; or (c) PLAN.—The plan developed under sub- ernment as the Secretary deems necessary to ‘‘(B) such other persons or entities accred- section (a) shall include, as appropriate, the determine that they are adequate to ensure ited pursuant to section 809 to provide such following: that eligible entities certified by such gov- certification or assurance. (1) Recommendations for bilateral and ernment meet the requirements of this Act ‘‘(3) RENEWAL AND REFUSAL OF CERTIFI- multilateral arrangements and agreements, with respect to food manufactured, proc- CATIONS.—The Secretary may— including provisions to provide for responsi- essed, packed, or held for import to the ‘‘(A) require that any certification or other bility of exporting countries to ensure the United States. assurance provided by an entity specified in safety of food. ‘‘(4) REQUEST BY STATE OR REGIONAL FOOD paragraph (2) be renewed by such entity at (2) Provisions for electronic data sharing. AUTHORITY.—Prior to accrediting a State or such times as the Secretary determines ap- (3) Provisions for mutual recognition of in- regional food authority as a certifying agent, propriate; and spection reports. the Secretary shall perform such reviews and ‘‘(B) refuse to accept any certification or (4) Training of foreign governments and audits of the training and qualifications of assurance if the Secretary determines that food producers on United States require- auditors used by the authority and conduct such certification or assurance is no longer ments for safe food. such reviews of internal systems and such valid or reliable. (5) Recommendations to harmonize re- other investigation of the authority as the ‘‘(4) ELECTRONIC SUBMISSION.—The Sec- quirements under the Codex Alimentarius. Secretary deems necessary to determine that retary shall provide for the electronic sub- (6) Provisions for the multilateral accept- each eligible entity certified by the author- mission of certifications under this sub- ance of laboratory methods and detection ity has systems and standards in use to en- section.’’. techniques. sure that such entity meets the require- (c) CONFORMING TECHNICAL AMENDMENT.— SEC. 307. INSPECTION OF FOREIGN FOOD FACILI- ments of this Act. Section 801(b) (21 U.S.C. 381(b)) is amended in TIES. ‘‘(5) COOPERATIVES AND OTHER THIRD PAR- the second sentence by striking ‘‘with re- Chapter VIII (21 U.S.C. 381 et seq.), as TIES.—Prior to accrediting a foreign or do- spect to an article included within the provi- amended by section 305, is amended by in- mestic cooperative that aggregates the prod- sion of the fourth sentence of subsection (a)’’ serting at the end the following: ucts of growers or processors or any other

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7945 third party that the Secretary determines ‘‘(B) have procedures to ensure against the fying agents. The Secretary shall make oper- appropriate as a certifying agent, the Sec- use, in carrying out audits of eligible enti- ating this program revenue-neutral and shall retary shall perform such reviews and audits ties under this section, of any officer or em- not generate surplus revenue from such a re- of the training and qualifications of auditors ployee of such agent that has a financial imbursement mechanism. used by the cooperative or party and conduct conflict of interest regarding an eligible en- ‘‘(l) NO EFFECT ON SECTION 704 INSPEC- such reviews of internal systems and such tity to be certified by such agent; and TIONS.—The audits performed under this sec- other investigation of the cooperative or ‘‘(C) annually make available to the Sec- tion shall not be considered inspections party as the Secretary deems necessary to retary, disclosures of the extent to which under section 704. determine that each eligible entity certified such agent, and the officers and employees of ‘‘(m) NO EFFECT ON INSPECTION AUTHOR- by the cooperative or party has systems and such agent, have maintained compliance ITY.—Nothing in this section affects the au- standards in use to ensure that such entity with subparagraphs (A) and (B) relating to fi- thority of the Secretary to inspect any eligi- meets the requirements of this Act. nancial conflicts of interest. ble entity pursuant to this Act.’’. ‘‘(6) LIMITATION ON THIRD PARTIES.—The ‘‘(2) REGULATIONS.—The Secretary shall SEC. 309. FOREIGN OFFICES OF THE FOOD AND Secretary may not accredit a third party promulgate regulations not later than 18 DRUG ADMINISTRATION. that the Secretary determines appropriate as months after the date of enactment of the (a) IN GENERAL.—The Secretary shall by a certifying agent unless each auditor used FDA Food Safety Modernization Act to en- October 1, 2010, establish an office of the by such party prepares the audit report for sure that there are protections against con- Food and Drug Administration in not less an audit under this section in a form and flicts of interest between a certifying agent than 5 foreign countries selected by the Sec- manner designated by the Secretary. An and the eligible entity to be certified by such retary, to provide assistance to the appro- audit report shall include— agent. Such regulations shall include— priate governmental entities of such coun- ‘‘(A) the identity of the persons at the au- ‘‘(A) requiring that domestic audits per- tries with respect to measures to provide for dited eligible entity responsible for compli- formed under this section be unannounced; the safety of articles of food and other prod- ance with food safety requirements; ‘‘(B) a structure, including timing and pub- ucts regulated by the Food and Drug Admin- ‘‘(B) the dates of the audit; lic disclosure, for fees paid by eligible enti- istration exported by such country to the ‘‘(C) the scope of the audit; and ties to certifying agents to decrease the po- United States, including by directly con- ‘‘(D) any other information required by the tential for conflicts of interest; and ducting risk-based inspections of such arti- Secretary that relate to or may influence an ‘‘(C) appropriate limits on financial affili- cles and supporting such inspections by such assessment of compliance with this Act. ations between a certifying agent and any governmental entity. ‘‘(b) IMPORTATION.—As a condition of ac- person that owns or operates an eligible enti- (b) CONSULTATION.—In establishing the for- crediting a foreign government, a State or ty to be certified by such agent. eign offices described in subsection (a), the regional food authority, a foreign or domes- ‘‘(f) FALSE STATEMENTS.—Any statement of Secretary shall consult with the Secretary of tic cooperative that aggregates the products representation made by an employee or State and the United States Trade Rep- of growers or processors, or any other third agent of an eligible entity to an auditor of a resentative. party that the Secretary determines appro- certifying agent or a certifying agent shall (c) REPORT.—Not later than October 1, 2011, priate as a certifying agent, such govern- be subject to section 1001 of title 18, United the Secretary shall submit to Congress a re- ment, authority, cooperative, or party shall States Code. port on the basis for the selection by the agree to issue a written and electronic cer- ‘‘(g) RISKS TO PUBLIC HEALTH.—If, at any Secretary of the foreign countries in which tification to accompany each food shipment time during an audit, an auditor of a certi- the Secretary established offices under sub- made for import from an eligible entity cer- fying agent discovers a condition that could section (a), the progress which such offices tified by the certifying agent, subject to re- cause or contribute to a serious risk to the have made with respect to assisting the gov- quirements set forth by the Secretary. The public health, the auditor shall immediately ernments of such countries in providing for Secretary shall consider such certificates notify the Secretary of— the safety of articles of food and other prod- when targeting inspection resources under ‘‘(1) the identification of the eligible entity ucts regulated by the Food and Drug Admin- section 421. subject to the audit; and istration exported to the United States, and ‘‘(2) such condition. ‘‘(c) MONITORING.—Following any accredi- the plans of the Secretary for establishing ‘‘(h) WITHDRAWAL OF ACCREDITATION.—The tation of a certifying agent, the Secretary additional foreign offices of the Food and Secretary may withdraw accreditation from Drug Administration, as appropriate. may at any time— a certifying agent— SEC. 310. FUNDING FOR FOOD SAFETY. ‘‘(1) conduct an on-site audit of any eligi- ‘‘(1) if food from eligible entities certified (a) IN GENERAL.—There are authorized to ble entity certified by the agent, with or by such agent is linked to an outbreak of be appropriated to carry out the activities of without the certifying agent present; or human or animal illness; the Center for Food Safety and Applied Nu- ‘‘(2) require the agent to submit to the Sec- ‘‘(2) following a performance audit and trition, the Center for Veterinary Medicine, retary, for any eligible entity certified by finding by the Secretary that the agent no and related field activities in the Office of the agent, an onsite inspection report and longer meets the requirements for accredita- Regulatory Affairs of the Food and Drug Ad- such other reports or documents the agent tion; or ministration— requires as part of the audit process, includ- ‘‘(3) following a refusal to allow United (1) $775,000,000 for fiscal year 2009; and ing, for an eligible entity located outside the States officials to conduct such audits and (2) such sums as may be necessary for fis- United States, documentation that the eligi- investigations as may be necessary to ensure cal years 2010 through 2013. ble is in compliance with any applicable reg- continued compliance with the requirements (b) INCREASED NUMBER OF FIELD STAFF.— istration requirements. set forth in this section. To carry out the activities of the Center for ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(i) PERFORMANCE AUDITS AND RENEWAL.— tion: To ensure that accreditation of a certifying Food Safety and Applied Nutrition, the Cen- ‘‘(1) AUDITOR.—The term ‘auditor’ means agent continues to meet the standards of ter for Veterinary Medicine, and related field an individual who— this section and this Act and to allow for the activities of the Office of Regulatory Affairs ‘‘(A) is qualified to conduct food safety au- renewal of accreditation of such certifying of the Food and Drug Administration, the dits; and agent, the Secretary shall— Secretary of Health and Human Services ‘‘(B) has successfully completed any train- ‘‘(1) audit the performance of such certi- shall increase the field staff of such Centers ing requirements established by the Sec- fying agent on a periodic basis, not less than and Office with a goal of not fewer than— retary for the conduct of food safety audits. every 4 years, through the review of audit re- (1) 3,600 staff members in fiscal year 2009; ‘‘(2) CERTIFYING AGENT.—The term ‘certi- ports by such certifying agent and the com- (2) 3,800 staff members in fiscal year 2010; fying agent’ means a foreign government, a pliance history, as available, of eligible enti- (3) 4,000 staff members in fiscal year 2011; State or regional food authority, a foreign or ties certified by such certifying agent; and (4) 4,200 staff members in fiscal year 2012; domestic cooperative that aggregates the ‘‘(2) any other measures deemed necessary and products of growers or processors, or any by the Secretary. (5) 4,600 staff members in fiscal year 2013. other third party that conducts audits of eli- ‘‘(j) PUBLICATION OF LIST OF CERTIFYING SEC. 311. JURISDICTION; AUTHORITIES. gible entities and that is accredited by the AGENTS.—The Secretary shall publish and Nothing in this Act, or an amendment Secretary under this section. maintain on the Internet Web site of the made by this Act, shall be construed to— ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible Food and Drug Administration a current (1) alter the jurisdiction between the Sec- entity’ means any entity in the food supply list, including, the name, location and other retary of Agriculture and the Secretary of chain that chooses to be audited by a certi- information deemed necessary by the Sec- Health and Human Services, under applica- fying agent. retary, of certifying agents under this sec- ble statutes and regulations; ‘‘(e) AVOIDING CONFLICTS OF INTEREST WITH tion. (2) limit the authority of the Secretary of CERTIFYING AGENTS.— ‘‘(k) NEUTRALIZING COSTS.—The Secretary Health and Human Services to issue regula- ‘‘(1) IN GENERAL.—A certifying agent shall establish a method, similar to the tions related to the safety of food under— shall— method used by the Department of Agri- (A) the Federal Food, Drug, and Cosmetic ‘‘(A) not be owned, managed, or controlled culture, by which certifying agents reim- Act (21 U.S.C. 301 et seq.) as in effect on the by any person that owns or operates an eligi- burse the Food and Drug Administration for day before the date of enactment of this Act; ble entity to be certified by such agent; the work performed to accredit such certi- or

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7946 CONGRESSIONAL RECORD — SENATE July 31, 2008 (B) the Public Health Service Act (42 about their pain because they do not care and a leading health issue. Yet U.S.C. 301 et seq.) as in effect on the day be- want to complain or appear to be a nui- people suffering through pain often fore the date of enactment of this Act; or sance. They also may avoid taking pain struggle to get relief because of a vari- (3) impede, minimize, or affect the author- medicines because of addiction or de- ety of issues. This is why we are intro- ity of the Secretary of Agriculture to pre- vent, control, or mitigate a plant or animal pendency concerns which may be based ducing this important legislation. health emergency, or a food emergency in- on misinformation due to lack of edu- Each year pain results in more than volving products regulated under the Federal cation. 50 million lost workdays estimated to Meat Inspection Act, the Poultry Products The National Pain Care Policy Act of cost the United States $100 billion. Be- Inspection Act, or the Egg Products Inspec- 2008 will help to identify these barriers yond the economic impact, pain is a tion Act. by authorizing an Institute of Medi- leading cause of disability, with back cine, IOM, Conference on Pain Care to pain alone causing chronic disability in By Mr. HATCH (for himself and evaluate the adequacy of pain assess- 1 percent of the population of this Mr. DODD): ment, treatment and management. The country. In the United States 40 mil- S. 3387. A bill to amend the Public conference will establish an action lion people suffer from arthritis, more Health Service Act with respect to pain agenda by which to address barriers than 26 million, ages 20 to 64, experi- care; to the Committee on Health, Edu- and improve education and training. ence frequent back pain, more than 25 cation, Labor, and Pensions. The bill also authorizes permanently million experience migraine headaches, Mr. HATCH. Mr. President, I rise the Pain Consortium at the National and 20 million have jaw and lower fa- today to introduce the National Pain Institutes of Health, NIH, to establish cial pain each year. It is estimated Care Policy Act of 2008. I am pleased to a coordinated clinical research agenda that 70 percent of cancer patients have have worked with my colleague, Sen- and promote pain research across NIH significant pain as they fight the dis- ator CHRISTOPHER DODD, on this legis- institutes, centers, and programs. The ease. And half of all patients in hos- lation which will help to address bar- Consortium will convene annual con- pitals suffer through moderate to se- riers to pain care by enhancing coordi- ferences to make recommendations on vere pain in their last days. As with nation of research, improving pain research and activities at the NIH. many medical conditions, this is a healthcare provider education and The legislation also establishes a mul- problem that is likely to become worse training, and elevating public aware- tidisciplinary Advisory Committee as the baby boom generation ap- ness of pain and pain management. The National Pain Care Policy Act of proaches retirement and the popu- According to the American Pain 2008 addresses the lack of pain care lation ages. Foundation, an estimated 75 million education by creating a grant program Sadly, though most pain can be re- Americans suffer from either chronic for the development and implementa- lieved, it often is not. Many suffering or acute pain. Pain is the most com- tion of programs to educate and train patients are reluctant to tell their mon reason that people access the health care professionals in pain as- medical provider about the pain they health care system and persistent pain sessment and management. It also re- are experiencing, for fear of being iden- can interfere with everyday life and quires the Agency for Healthcare Re- tified as a ‘‘bad patient,’’ and concern make ordinary tasks seem impossible. search and Quality, AHRQ, to collect about addiction often leads patients to Severe chronic pain also can hinder evidence-based practices regarding avoid seeking or using medications to sleep, work, and social functions. Due pain and disseminate such information treat their pain. But even if patients to its very nature as a prominent fea- to the pain care community. were more forthcoming about their ture of many chronic conditions, pain This bill also will break down bar- condition, few medical providers are is said to affect more Americans than riers to pain care access by raising equipped to do something about it. diabetes, heart disease and cancer com- awareness among people who suffer Often they have not been trained in as- bined. from pain, and helping them and their sessment techniques or pain manage- Most pain can be relieved with proper families find the proper information ment, and are unaware of the latest re- treatment. This simple fact implies about pain management. A national search, guidelines, and standards for that the pain problems of these count- pain management public outreach and treatment. There is also concern less Americans can be easily fixed. Un- awareness campaign will be developed among most providers that prescribing fortunately, many people in pain face and implemented by the Department of treatment for pain will lead to greater considerable barriers to accessing prop- Health and Human Services, HHS, to scrutiny by regulatory agencies and in- er diagnosis, treatment, and manage- focus on the significance of pain as a surers. ment of their pain. national public health problem. But we can do something about these Health care professionals are, more The National Pain Care Policy Act of barriers and help individuals suffering often than not, inadequately trained 2008 contains provisions that will help from pain. The National Pain Care Pol- regarding pain assessment and manage- the millions of Americans who live ev- icy Act would lead to improvements in ment, making it difficult for them to eryday with pain by heightening pain care across the country. The legis- treat their patients’ pain safely and ef- awareness, enhancing coordination of lation would call for an Institute of fectively. As such, providers may be research, and advancing education. Medicine conference on pain care to in- unfamiliar with current research and Similar legislation was introduced in crease awareness of this issue as a pub- guidelines for appropriate pain care. the House by Representatives LOIS lic health problem, identify barriers to Further, health care professionals may CAPPS and MIKE ROGERS last year. The pain care and determine action for be hesitant to prescribe pain medica- House bill is supported by more than overcoming those barriers. A number tions for pain management due to lack 100 organizations in the pain care com- of years ago, my good friend Senator of knowledge regarding regulatory munity, including the America Pain HATCH helped establish a Pain Consor- policies. Society, the American Academy of tium at the National Institutes of To make worse the problem, the Na- Pain Medicine, and the American Can- Health to establish a coordinated pain tional Institutes of Health, NIH, our cer Society. I thank Senator DODD for research agenda. This legislation will country’s premier institution for bio- his leadership on and interest in this codify that consortium and update its medical research, currently dedicates issue, and I urge my colleagues to sup- mission. The bill addresses the training less than 1 percent of its research budg- port our bill. and education of health care profes- et to pain research. Worse yet, this re- Mr. DODD. Mr. President, I rise sionals through new grant programs at search is spread across multiple Insti- today to join my colleague from Utah, the Agency for Health Research and tutes and centers without efficient co- Senator ORRIN HATCH, in introducing Quality, AHRQ, and the Health Re- ordination. Effective education is con- the National Pain Care Policy Act of sources and Services Administration, tingent upon adequate research. 2008. This important legislation would HRSA. And finally this legislation cre- Patients may also create for them- make significant strides in the under- ates a national outreach and awareness selves barriers to pain care and man- standing and treatment of pain as a campaign at the Department of Health agement. As impractical as it seems, medical condition. Pain is the most and Human Services to educate pa- patients often do not tell their doctor common symptom leading to medical tients, families, and caregivers about

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7947 the significance of pain and the impor- versity in Providence provides its stu- young voters identifying with each of tance of treatment. dents with voter registration materials the two major political parties. In a I want to thank Senator HATCH for not only for Rhode Island but also for July 30, 2008 letter sent to Congress in his leadership on this issue and urge each student’s home State. support of this bill, the U.S. Student my colleagues to join us on this impor- Unfortunately, too many colleges Association explained that under the tant effort to help the millions of and universities have failed to follow present system, ‘‘partisan student Americans suffering from severe pain. Brown’s lead. According to a 2004 Har- groups often become the main voter vard University study, only 17 percent registrants, which can alienate unde- By Mr. DURBIN: of colleges and universities nationwide cided and independent voters. The Stu- S. 3390. A bill to amend the National fully comply with the Higher Edu- dent VOTER Bill of 2008 seeks to insti- Voter Registration Act of 1993 to pro- cation Act. The health of our democ- tutionalize the dissemination of voting vide for the treatment of institutions racy suffers as a result. procedure and register more young peo- of higher education as voter registra- The Student VOTER Act offers a ple in a systematic and non-partisan tion agencies; to the Committee on straightforward solution: it requires capacity.’’ Rules and Administration. colleges and universities that receive In addition to the U.S. Student Asso- Mr. DURBIN. Mr. President, I rise Federal funds to offer voter registra- ciation, this bill is supported by U.S. today to introduce the Student Voter tion services to students. The Student PIRG and the Student Association for Opportunity to Encourage Registration VOTER Act simply amends the Na- Voter Empowerment, SAVE. In par- Act of 2008—the Student VOTER Act. tional Voter Registration Act of 1993, ticular, I would like to recognize Mat- The success of America’s experiment popularly known as the Motor Voter thew Segal, SAVE’s founder and a Chi- in democracy lies in broad participa- Act, to designate colleges and univer- cago native, with whom my office tion and deep civic engagement. From sities that receive Federal funds as worked closely to prepare this bill. the Reconstruction Amendments, to voter registration agencies. I would also like to applaud the ef- women’s suffrage, to the abolition of That designation is fitting. Our insti- forts of Representative JAN the poll tax, and finally the ratifica- tutions of higher education are among SCHAKOWSKY, a Democrat, and Rep- tion of the 26th amendment, we have the wealthiest in the world, and they resentative STEVEN LATOURETTE, a Re- witnessed a steady but difficult march lead the globe in producing Nobel lau- publican, who will introduce a com- toward a more inclusive nation. reates and scientific breakthroughs. panion bill today in the House of Rep- To realize the full potential of these But colleges and universities also have resentatives. The Student VOTER Bill great strides, the Student VOTER Act a special obligation to educate an ac- of 2008 is a bipartisan effort that is an provides a pathway to participation for tive, informed citizenry. important step toward empowering our America’s youth. The act does not impose a heavy bur- Nation’s youth. I look forward to work- The need for this bill is clear. Despite den on colleges and universities. We ing with my Democratic and Repub- a small rise in youth voting in the cur- know this because the Student VOTER lican colleagues in Congress to ensure rent Presidential election cycle, the Act builds on the successful model of its enactment into law. larger trend is unmistakable. Young the Motor Voter Act, which brought Mr. President, I ask unanimous con- voters—historically independent-mind- voter registration to DMV offices sent that the text of the bill be printed ed—are far less likely to cast a ballot across the country, adding 5 million in the RECORD. than older voters. In the 2004 Presi- voters—mainly independents—to the There being no objection, the text of dential election, only 47 percent of 18 rolls in the 8 months after its passage. the bill was ordered to be printed in to 24-year-old citizens voted, compared While some DMV offices simply mail the RECORD, as follows: to 66 percent of citizens 25 and older. completed registration forms to the ap- S. 3390 This marked the eighth straight Presi- propriate clerk or registrar, others now Be it enacted by the Senate and House of Rep- dential contest in which less than half use efficient, easy-to-use computer resentatives of the United States of America in of these young Americans actually par- software to submit registrations elec- Congress assembled, ticipated. In fact, the percentage of tronically. SECTION 1. SHORT TITLE. young Americans who vote today is This means that the price tag of the This Act may be cited as the ‘‘Student lower than it was in the first Presi- Student VOTER Act to colleges and Voter Opportunity To Encourage Registra- dential election following the 26th universities is at most a 42-cent stamp tion Act of 2008’’ or the ‘‘Student VOTER amendment’s ratification. for each student. I know most of my Act of 2008’’. Several obstacles stand in the way of fellow Senators would agree that this SEC. 2. TREATMENT OF UNIVERSITIES AS VOTER youth voting. Because so many stu- is not too high a price to pay for a life- REGISTRATION AGENCIES. dents are first-time voters, they often (a) IN GENERAL.—Section 7(a) of the Na- time of civic engagement. tional Voter Registration Act of 1993 (42 are unfamiliar with how to register. In In reality, costs should be even U.S.C. 1973gg–5(a)) is amended— some States, first-time voters must lower. Colleges and universities can (1) in paragraph (2)— register in person in order to cast an provide voter registration services at (A) by striking ‘‘and’’ at the end of sub- absentee ballot. For students who at- student orientation or during class reg- paragraph (A); tend college outside of their home istration using the same technology (B) by striking the period at the end of State or who do not have access to that DMV offices already have imple- subparagraph (B) and inserting ‘‘; and’’; and transportation, these requirements can mented. (C) by adding at the end the following new be cumbersome, confusing, and insur- Like the Motor Voter Act, this bill subparagraph: ‘‘(C) each institution of higher education mountable. should pass with broad bipartisan sup- (as defined in section 101 of the Higher Edu- Of course, apathy contributes to the port. It is a low-cost, commonsense so- cation Act of 1965 (20 U.S.C. 1001)) in the fact that young voters tend to stay lution to the very real problem of low State that receives Federal funds.’’; and home on election day. But studies show youth voter turnout. It represents a (2) in paragraph (6)(A), by inserting ‘‘or, in that when an effort is made to reach natural but modest extension of the the case of an institution of higher edu- out to young voters, they will cast a Higher Education Act and the Motor cation, with each registration of a student ballot. If we fail to reach out to the Voter Act without changing or amend- for enrollment in a course of study’’ after youth, we may lose a generation of ing any other State or Federal voting ‘‘assistance,’’. (b) AMENDMENT TO HIGHER EDUCATION ACT civically minded Americans. regulations in any way. OF 1965.—Section 487(a) of the Higher Edu- Congress already tried to encourage The bill may also serve to cation Act of 1965 (20 U.S.C. 1094(a)) is youth voting with a provision in the depoliticize voter registration efforts amended by striking paragraph (23). Higher Education Act of 1998, which re- on college campuses. Polls consistently quires colleges and universities to show that young voters are less likely By Mr. REID (for himself and Mr. make a ‘‘good faith effort’’ to register to identify with a political party than ENSIGN): students to vote. Many universities ful- older voters. Polls generally show that S. 3393. A bill to promote conserva- fill that obligation. For example, even more than 4 in 10 young voters identify tion and provide for sensible develop- before orientation begins, Brown Uni- as independents, with roughly 3 in 10 ment in Carson City, Nevada, and for

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7948 CONGRESSIONAL RECORD — SENATE July 31, 2008 other purposes; to the Committee on Carson City one step closer to realizing along the Carson River, support the Energy and Natural Resources. the vision that it worked hard to de- community’s flood control efforts and Mr. REID. Mr. President, today I rise velop through a public process that has address the community’s call for open with my good friend Senator ENSIGN to now spanned over four years. space. The city has been a key partner introduce the Carson City Vital Com- Title I of this legislation aims to cre- in the management of the Silver Sad- munity Act of 2008. ate a sensible land ownership pattern dle Ranch for over a decade. Along The origins of this legislation can be in Carson City, aligned with the com- with the Friends of Silver Saddle, Car- found in Carson City’s collaborative munity’s vision of keeping growth son City has taken the lead on the day- master planning effort, ‘‘Envision Car- compact and maintaining the integrity to-day management of the property, in- son City.’’ In 2004, the elected officials of the surrounding public lands. It also cluding providing law enforcement pa- in Carson City started a dialogue with addresses two serious concerns facing trols and caring for facilities. their citizens to determine how the the community: wildfires in the foot- It is important to note that when city should grow and change over the hills of the Sierras and flooding along this land is conveyed to the city it will next 20 years. At the end of a 2-year the Carson River. come with conditions. The Federal public process, city leaders had a clear Under this title, roughly 2,200 acres Government will hold a conservation message from their residents. The com- of Carson City land will be transferred easement on these parcels to ensure munity wants to keep growth compact, to the Forest Service. This prime, for- that the scenic and natural qualities of maintain the integrity of the Bureau of ested land is far removed from Carson the Silver Saddle Ranch and Prison Land Management (BLM) and Forest City and is surrounded by state park Hill are protected in perpetuity. The Service lands surrounding the town, lands and the Humboldt-Toiyabe Na- details of the conservation easement, enhance open space opportunities and tional Forest. Incorporating this large which will focus on protecting the river maintain easy access to public lands. inholding into the Humboldt-Toiyabe corridor and the important wildlife The Carson City Vital Community Act will allow for improved management habitat associated with the property, of 2008 was developed in close partner- for wildlife habitat, watershed protec- will be worked out by BLM, Carson ship with Carson City and other key tion, and other important uses. It will City and key stakeholders like Friends stakeholders to help fulfill these goals. also ensure that the land remains un- of Silver Saddle and The Nature Con- Before I describe this legislation and developed and open for public access. servancy. its importance, it might be helpful for This title also makes important ad- In addition to supporting Carson me to explain that Carson City is both justments to the pattern of city and City’s forward-looking plans for the a city and a county. It wasn’t always Federal lands on the west side of the Carson River and its floodplain, con- this way. For over a hundred years the town. Roughly 1,000 acres of Forest veying the Silver Saddle and Prison town of Carson City was the county Service land bordering urban areas will Hill area to Carson City also makes seat of Ormsby County. But in 1969 the be conveyed to Carson City as pro- sense from a resource management per- county dissolved and the government tected open space. This conveyance spective. BLM’s Carson City District functions were consolidated into what will let both Carson City and the For- Office manages over 5 million acres of we now simply call Carson City. est Service do what they do best. Car- public land in western Nevada and Like all but one of our counties in son City can more actively manage eastern California. Their strength is Nevada, Carson City is mostly Federal urban interface uses and the Forest managing Nevada’s wide open spaces— land. The town of Carson City is bound- Service can focus on their core respon- not urban interface. Carson City, on ed on the west by Forest Service lands sibilities of resource protection and the other hand, has far more resources that stretch to the shores of Lake forest health. to bring to bear in managing the Silver Tahoe and by BLM lands on the east. Proper management of this buffer Saddle Ranch and Prison Hill area. These open landscapes create a dra- area between Carson City’s neighbor- Carson City has over 20 employees matic western backdrop for Nevada’s hoods and businesses and the broader working on parks and open space, in- State capital but also mean that the public lands is an issue of great con- cluding two park rangers. They also Federal Government is intimately in- cern to the community. On July 14, have contracts in place with some of volved in what would normally be local 2004, thirty-one homes and three busi- Nevada’s most respected natural re- community decisions. nesses were destroyed or damaged in source experts. The BLM will also keep This legislation makes much needed the Waterfall Fire which spanned near- a light hand in the management of this adjustments to the pattern of Federal ly 9,000 acres of public and private property by virtue of the conservation land ownership in Carson City. We have land. Through our legislation, the For- easement. strived to make changes that will im- est Service land that currently borders There is one unique provision related prove the ability of the Federal land neighborhoods will be conveyed to Car- to the Silver Saddle Ranch and Prison management agencies to focus on their son City, allowing the city to take a Hill conveyance that deserves special core goals. All too often, the BLM and more prominent role in managing fuel mention. A small section of this land the Forest Service are distracted from loads in this critical area. was once owned by Carson City. This proper forest and range management There is a different threat on the 62-acre property, known as the Bern- by urban encroachment issues. We have east side of Carson Valley. The Carson hard parcel, was slated to be subdivided a unique situation in Carson City River has a long history of dramatic into 35 home sites in 2001. The BLM and where the community has offered to flooding. Over the last 150 years the Carson City both recognized that the take on the responsibilities of man- river has flooded over 30 times, with acquisition of this land was a priority aging the wildland-urban interface, half of those floods causing extensive for the protection of the Carson River while also offering to convey a major damage. Two 100-year flood events have corridor. Carson City responded quick- inholding to the Forest Service for in- struck just in the last decade, one of ly and acquired the parcel for open corporation into the Humboldt-Toiyabe which caused over $5 million in dam- space before it could be developed. National Forest. This is a major step in age. In a show of real vision and leader- Their purchase price in 2001 was rough- the right direction and hopefully will ship, Carson City has started an ag- ly $1 million. Later, in 2006, the BLM serve as a model for other communities gressive campaign to acquire land purchased the Bernhard parcel from around the west. along the Carson River, recognizing the Carson City for fair market value, Our legislation also provides lands to value of protecting the natural func- which by that time had reached $2.5 the Washoe Tribe, strengthening the tion of the local floodplains. million. Tribe’s conservation and commercial Our legislation will enhance Carson Under this legislation, we transfer efforts in Carson City. Additionally, City’s efforts to acquire lands in the the Bernhard parcel back to Carson nearly 20,000 acres of BLM lands sur- river corridor by conveying the 3,500- City as part of the Silver Saddle Ranch rounding Carson City will be perma- acre Silver Saddle Ranch and Prison and Carson River Area. We feel it is im- nently withdrawn from future develop Hill area from BLM to the city. Trans- portant that Carson City pay back 25 to protect local viewsheds and public ferring these properties to Carson City percent of the $1.5 million profit they access. All of these actions will move will help create a large regional park made on their transaction with the

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7949 BLM. Why just 25 percent? The 25 per- ess. This includes the 50 acres trans- nial gatherings, hunting and plant col- cent reflects the remaining value of ferred from the Forest Service to the lecting. Tribal lands at the Stewart the land that is being conveyed back to BLM in Title 1. All of the lands identi- Colony would grow by only 5 acres, all Carson City after the conservation fied for sale in our legislation are iso- of which would be available for com- easement is taken into account. In lated or seriously impacted by nearby mercial and residential development. western Nevada, conservation ease- commercial or residential develop- In 2003, Senator ENSIGN and I passed ments restricting development typi- ment. Both agencies have concluded legislation that conveyed 25 acres of cally reduce property values by any- that these parcels should be disposed of Forest Service land at Skunk Harbor, where from 75 percent to 90 percent. We and that this action is consistent with on the shores of Lake Tahoe, to the have required Carson City to come up their respective management plans. Washoe Tribe. Unfortunately, the par- with 25 percent, the most generous es- Similar to past Nevada land bills, cel was not accurately described in the timate of remaining value for the this legislation directs the Secretary of legislation and consequently the land Bernhard parcel. When received, these Interior to reinvest the proceeds of that was conveyed did not fully reflect funds will be placed into an endowment these limited land sales back into im- our commitment to the Tribe. This bill account for the BLM to use for the portant public projects. Ninety-five includes a technical correction that monitoring and enforcement of the percent of the proceeds will be used to will provide a long overdue fix to the conservation easement on the Silver acquire environmentally sensitive Washoe Indian Tribe Trust Land Con- Saddle Ranch and Prison Hill Area. lands in Carson City and to protect ar- veyance (P. L. 108–67). Our legislation also conveys roughly chaeological resources. The remaining Lastly, this bill directs the Forest 1,700 acres of BLM land to Carson City five percent of the proceeds will go to Service to develop a cooperative agree- for recreation and public purposes and Nevada’s general education program. ment with the Washoe Tribe to ensure open space. These are scattered parcels This title also permanently with- the Tribe’s access across Forest Serv- of BLM land in and around Carson City draws nearly 20,000 acres of BLM lands ice land for their traditional ‘‘lifeway’’ that would be used for primarily for in Carson City from land sales and walk to Lake Tahoe. For centuries the parks, but also for flood control struc- mineral development. These same Washoe people have moved from the tures, municipal infrastructure like lands, located north and east of Carson Pine Nut Mountains east of Carson water tanks, and to give residents City are already administratively with- City in the fall to Lake Tahoe in the room to roam. Carson City already drawn by the BLM. This bill would summer. Our legislation ensures that controls roughly a third of these acres make the withdrawal permanent, pre- they are able to continue this impor- through Recreation and Public Purpose serving foothill views, open space and tant tradition. Act leases. This bill would quickly and access to public lands, in line with This bill, is built on years of public efficiently transfer these lands to the ‘‘Envision Carson City.’’ input. We believe it is a model piece of city. Our bill also provides guidance that legislation and appreciate the support Another provision of Title I deals Off-Highway Vehicle (OHV) use on of our colleagues in this effort. We look with 53 acres of land that Carson City BLM lands in Carson City should be re- forward to working with Chairman acquired from BLM years ago, under stricted to existing roads and trails BINGAMAN, Ranking Member DOMENICI the Recreation and Public Purposes until the BLM completes their travel and the other distinguished members of Act. The city now believes the land is management planning process. The the Energy and Natural Resources better suited for commercial develop- Pine Nut Mountains east of Carson Committee to move this bill forward ment. Although Carson City already City are a favorite destination for local during the time we have remaining in owns these lands, by statute, if the city and visiting OHV enthusiasts. This pro- this legislative session. uses the land for something other than vision will better protect this area Mr. President, I ask unanimous con- public purposes, the land reverts back until routes can be designated. sent that the text of the bill be printed to the BLM. Our legislation would re- Finally, the second title of the bill in the RECORD. move the reversionary interest on opens a new avenue for Carson City to There being no objection, the text of these 50 acres so that Carson City can continue their conservation efforts the bill was ordered to be printed in sell the land at an appropriate time. If along the Carson River. The Southern the RECORD, as follows: the City decides to sell the land, we re- Nevada Public Land Management Act S. 3393 (SNPLMA) will be amended to author- quire that it be auctioned, with pro- Be it enacted by the Senate and House of Rep- ceeds returning to the Carson City spe- ize funds for Carson City to acquire resentatives of the United States of America in cial account which provides funding for land for parks and trails along the Car- Congress assembled, federal acquisition of sensitive lands son River and to authorize conserva- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and protection of noted cultural re- tion initiatives, also along the Carson (a) SHORT TITLE.—This Act may be cited as sources. River. In addition, we make a small the ‘‘Carson City Vital Community Act of One of the parcels where the federal change to SNPLMA which will only af- 2008’’. interest would be released is home to fect Washoe County. In the White Pine (b) TABLE OF CONTENTS.—The table of con- the Carson City Gun Club. Once on the County bill of 2006 (P. L. 109–432), tents of this Act is as follows: edge of town, the shooting range is now Washoe County was given access to Sec. 1. Short title; table of contents. surrounded by commercial develop- SNPLMA through 2011 to acquire part Sec. 2. Definitions. ment and the Eagle Valley Golf Course. of the Ballardini Ranch. The county TITLE I—PUBLIC CONVEYANCES Although our legislation would allow has made good progress towards this Sec. 101. Conveyances of Federal land and Carson City to sell this land, we have acquisition, but may not make the 2011 City land. asked for and received a commitment deadline. We are pleased to extend the Sec. 102. Transfer of administrative jurisdic- that Carson City will not sell this prop- authorization to 2015. tion from the Forest Service to Title III addresses the Washoe Tribe’s the Bureau of Land Manage- erty until the shooting facility has ment. been relocated to another, more appro- pressing need for more land for residen- TITLE II—LAND DISPOSAL priate location. tial and commercial development. The first title of our legislation also Tribal lands adjacent to both of the Sec. 201. Disposal of Carson City land. transfers 50 acres of Forest Service colonies in Carson City, Stewart and Sec. 202. Disposition of proceeds. Carson, would be expanded by this leg- Sec. 203. Withdrawal. land to the BLM. The Forest Service is Sec. 204. Availability of funds. also authorized to develop and imple- islation. Carson Colony tribal lands would grow by over 280 acres. On this TITLE III—TRANSFER OF LAND TO BE ment, in partnership with Carson City, HELD IN TRUST FOR THE WASHOE a plan for managing its land in a way parcel, the lands located below the TRIBE, SKUNK HARBOR CONVEYANCE that minimizes the impact of flood 5,200-foot elevation contour would be CORRECTION, FOREST SERVICE events on nearby residential areas. available for residential or commercial AGREEMENT, AND ARTIFACT COLLEC- Under Title II, 150 acres of federal development. The lands above the 5,200- TION lands would be made available for sale foot contour would only be available Sec. 301. Transfer of land to be held in trust through an open and competitive proc- for traditional tribal uses, like ceremo- for Washoe Tribe.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0655 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7950 CONGRESSIONAL RECORD — SENATE July 31, 2008 Sec. 302. Correction of Skunk Harbor con- (A) the amount for which the Bernhard described in subsection (b)(2)(D) to the Fed- veyance. parcel was purchased by the City on July 18, eral Government, a State government, a unit Sec. 303. Agreement with Forest Service. 2001; and of local government, or a nonprofit organiza- Sec. 304. Artifact collection. (B) the amount for which the Bernhard tion shall be for consideration in an amount TITLE IV—AUTHORIZATION OF parcel was purchased by the Secretary on equal to the price established by the Sec- APPROPRIATIONS March 17, 2006. retary of the Interior under section 2741.8 of (2) CONSERVATION EASEMENT.—As a condi- title 43, Code of Federal Regulation (or suc- Sec. 401. Authorization of appropriations. tion of the conveyance of the parcels of land cessor regulations). SEC. 2. DEFINITIONS. described in subsection (b)(2)(B), the Sec- (iii) DISPOSITION OF PROCEEDS.—The gross In this Act: retary, in consultation with Carson City and proceeds from the sale, lease, or conveyance (1) CITY.—The term ‘‘City’’ means Carson affected local interests, shall reserve a per- of land under clause (i) shall be distributed City Consolidated Municipality, Nevada. petual conservation easement to the parcels in accordance with section 202(a). (2) MAP.—The term ‘‘Map’’ means the map to protect, preserve, and enhance the con- (e) REVERSION.—If a parcel of land con- entitled ‘‘Carson City, Nevada Area’’, dated servation values of the parcels, consistent veyed under subsection (a) is used in a man- July 17, 2008, and on file and available for with subsection (d)(2). ner that is inconsistent with the uses de- public inspection in the appropriate offices (3) COSTS.—Any costs relating to the con- scribed in paragraph (1), (2), (3), or (4) of sub- of— veyance under subsection (a), including any section (d), the parcel of land shall, at the (A) the Bureau of Land Management; costs for surveys and other administrative discretion of the Secretary, revert to the (B) the Forest Service; and costs, shall be paid by the recipient of the United States. (C) the City. land being conveyed. (f) MISCELLANEOUS PROVISIONS.— (3) SECRETARY.—The term ‘‘Secretary’’ (d) USE OF LAND.— (1) IN GENERAL.—On conveyance of the non- means— (1) NATURAL AREAS.— Federal land under subsection (a) to the Sec- (A) with respect to land in the National (A) IN GENERAL.—Except as provided in retary of Agriculture, the non-Federal land Forest System, the Secretary of Agriculture, subparagraph (B), the parcel of land de- shall— acting through the Chief of the Forest Serv- scribed in subsection (b)(2)(A) shall be man- (A) become part of the Humboldt-Toiyabe ice; and aged by the City to maintain undeveloped National Forest; and (B) with respect to other Federal land, the open space and to preserve the natural char- (B) be administered in accordance with the Secretary of the Interior. acteristics of the parcel of land in per- laws (including the regulations) and rules (4) TRIBE.—The term ‘‘Tribe’’ means the petuity. generally applicable to the National Forest Washoe Tribe of Nevada and California, (B) EXCEPTION.—Notwithstanding subpara- System. which is a federally recognized Indian tribe. graph (A), the City may— (2) MANAGEMENT PLAN.—The Secretary of (i) conduct projects on the parcel of land to Agriculture, in consultation with the City TITLE I—PUBLIC CONVEYANCES reduce fuels; and other interested parties, may develop SEC. 101. CONVEYANCES OF FEDERAL LAND AND (ii) construct and maintain trails, trail- and implement a management plan for Na- CITY LAND. head facilities, and any infrastructure on the tional Forest System land that ensures the (a) IN GENERAL.—Notwithstanding section parcel of land that is required for municipal protection and stabilization of the National 202 of the Federal Land Policy and Manage- water and flood management activities; and Forest System land to minimize the impacts ment Act of 1976 (43 U.S.C. 1712) and the For- (iii) maintain or reconstruct any improve- of flooding on the City. est and Rangeland Renewable Resources ments on the parcel of land that are in exist- SEC. 102. TRANSFER OF ADMINISTRATIVE JURIS- Planning Act of 1974 (16 U.S.C. 1600 et seq.), ence on the date of enactment of this Act. DICTION FROM THE FOREST SERV- if the City offers to convey to the United (2) SILVER SADDLE RANCH AND CARSON RIVER ICE TO THE BUREAU OF LAND MAN- AGEMENT. States title to the non-Federal land de- AREA.— (a) CONVEYANCE.—Notwithstanding the scribed in subsection (b)(1) that is acceptable (A) IN GENERAL.—Except as provided in Forest and Rangeland Renewable Resources to the Secretary of Agriculture— subparagraph (B), the parcel of land de- Planning Act of 1974 (16 U.S.C. 1600 et seq.), (1) the Secretary of Agriculture shall ac- scribed in subsection (b)(2)(B) shall— administrative jurisdiction over the approxi- cept the offer; and (i) be managed by the City to protect and mately 50 acres of Forest Service land iden- (2) not later than 180 days after the date on enhance the Carson River, the floodplain and tified on the Map as ‘‘Parcel #1’’ is trans- which the Secretary of Agriculture receives surrounding upland, and important wildlife ferred, from the Secretary of Agriculture to acceptable title to the non-Federal land de- habitat; and the Secretary of the Interior. scribed in subsection (b)(1), the Secretary of (ii) be used for undeveloped open space, (b) COSTS.—Any costs relating to the trans- Agriculture and the Secretary of Interior passive recreation, customary agricultural fer under subsection (a), including any costs shall convey to the City, subject to valid ex- practices, and wildlife protection. for surveys and other administrative costs, isting rights and for no consideration, except (B) EXCEPTION.—Notwithstanding subpara- shall be paid by the Secretary of the Inte- as provided in subsection (c)(1), all right, graph (A), the City may— rior. title, and interest of the United States in (i) construct and maintain trails and trail- (c) USE OF LAND.— and to the Federal land or interest in land head facilities on the parcel of land; (1) RIGHT-OF-WAY.—Not later than 120 days described in subsection (b)(2). (ii) conduct projects on the parcel of land after the date of enactment of this Act, the (b) DESCRIPTION OF LAND.— to reduce fuels; Secretary of the Interior shall grant to the (1) NON-FEDERAL LAND.—The parcels of (iii) maintain or reconstruct any improve- City a right-of-way for the maintenance of non-Federal land referred to in subsection ments on the parcel of land that are in exist- flood management facilities located on the (a) are the approximately 2,260 acres of land ence on the date of enactment of this Act; land. administered by the City and identified on and (2) DISPOSAL.—The land referred to in sub- the Map as ‘‘To the U.S. Forest Service’’. (iv) allow the use of motorized vehicles on section (a) shall be disposed of in accordance (2) FEDERAL LAND.—The parcels of Federal designated roads, trails, and areas in the with section 201. land referred to in subsection (a)(2) are— south end of Prison Hill. (3) DISPOSITION OF PROCEEDS.—The gross (A) the approximately 1,012 acres of Forest (3) PARKS AND PUBLIC PURPOSES.—The par- proceeds from the disposal of land under Service land identified on the Map as ‘‘To cel of land described in subsection (b)(2)(C) paragraph (2) shall be distributed in accord- Carson City for Natural Areas’’; shall be managed by the City for— ance with section 202(a). (B) the approximately 3,526 acres of Bureau (A) undeveloped open space; or TITLE II—LAND DISPOSAL of Land Management land identified on the (B) recreation or other public purposes in SEC. 201. DISPOSAL OF CARSON CITY LAND. Map as ‘‘Silver Saddle Ranch and Carson accordance with the Act of June 14, 1926 (a) IN GENERAL.—Notwithstanding sections River Area’’; (commonly known as the ‘‘Recreation and 202 and 203 of the Federal Land Policy and (C) the approximately 1,746 acres of Bureau Public Purposes Act’’) (43 U.S.C. 869 et seq.). Management Act of 1976 (43 U.S.C. 1712, 1713), of Land Management land identified on the (4) REVERSIONARY INTEREST.— the Secretary of the Interior shall, in accord- Map as ‘‘To Carson City for Parks and Public (A) RELEASE.—The reversionary interest ance with that Act, this title, and other ap- Purposes’’; and described in subsection (b)(2)(D) shall termi- plicable law, and subject to valid existing (D) the approximately 53 acres of City land nate on the date of enactment of this Act. rights, conduct sales of the parcels of Fed- in which the Bureau of Land Management (B) CONVEYANCE BY CITY.— eral land described in subsection (b) to quali- has a reversionary interest that is identified (i) IN GENERAL.—If the City sells, leases, or fied bidders. on the Map as ‘‘Reversionary Interest of otherwise conveys any portion of the land (b) DESCRIPTION OF LAND.—The parcels of United States Released’’. described in subsection (b)(2)(D), the sale, Federal land referred to in subsection (a) (c) CONDITIONS.— lease, or conveyance of land shall be— are— (1) CONSIDERATION.—Before the conveyance (I) through a competitive bidding process; (1) the approximately 103 acres of Bureau of the 62–acre Bernhard parcel to the City, and of Land Management land identified as the City shall deposit in the special account (II) except as provided in clause (ii), for not ‘‘Lands for Disposal’’ on the Map; and established by section 202(b)(1) an amount less than fair market value. (2) the approximately 50 acres of Bureau of equal to 25 percent of the difference be- (ii) CONVEYANCE TO GOVERNMENT OR NON- Land Management land identified as ‘‘Parcel tween— PROFIT.—A sale, lease, or conveyance of land #1’’ on the Map.

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(c) COMPLIANCE WITH LOCAL PLANNING AND amounts are deposited under section TITLE III—TRANSFER OF LAND TO BE ZONING LAWS.—Before a sale of Federal land 101(c)(1). HELD IN TRUST FOR THE WASHOE under subsection (a), the City shall submit (2) AVAILABILITY OF AMOUNTS.—Amounts TRIBE, SKUNK HARBOR CONVEYANCE to the Secretary a certification that quali- deposited in the account established by para- CORRECTION, FOREST SERVICE AGREE- fied bidders have agreed to comply with— graph (1) shall be available to the Secretary, MENT, AND ARTIFACT COLLECTION (1) City zoning ordinances; and without further appropriation, for the over- SEC. 301. TRANSFER OF LAND TO BE HELD IN (2) any master plan for the area approved sight and enforcement of the conservation TRUST FOR WASHOE TRIBE. by the City. easement established under section 101(c)(2). (a) IN GENERAL.—Subject to valid existing (d) METHOD OF SALE; CONSIDERATION.—The rights, all right, title, and interest of the (c) INVESTMENT OF ACCOUNTS.— sale of Federal land under subsection (a) United States in and to the land described in (1) IN GENERAL.—Amounts deposited as shall be— subsection (b)— principal in the Carson City Special Account (1) consistent with subsections (d) and (f) (1) shall be held in trust by the United established by subsection (a)(2) and the Sil- of section 203 of the Federal Land Policy and States for the benefit and use of the Tribe; ver Saddle Endowment Account established Management Act of 1976 (43 U.S.C. 1713); and by subsection (b)(1) shall earn interest in the (2) unless otherwise determined by the Sec- (2) shall be part of the reservation of the amount determined by the Secretary of the retary, through a competitive bidding proc- Tribe. Treasury on the basis of the current average ess; and (b) DESCRIPTION OF LAND.—The land re- market yield on outstanding marketable ob- (3) for not less than fair market value. ferred to in subsection (a) consists of ap- ligations of the United States of comparable (e) WITHDRAWAL.—Subject to valid existing proximately 293 acres, which is identified on maturities. rights, the Federal land described in sub- the Map as ‘‘To Washoe Tribe’’. (2) AVAILABILITY.—Any interest earned section (b) is withdrawn from— (c) SURVEY.—Not later than 180 days after under paragraph (1) shall be— (1) all forms of entry and appropriation the date of enactment of this Act, the Sec- (A) added to the principal of the applicable under the public land laws; retary of Agriculture shall complete a sur- account; and (2) location, entry, and patent under the vey of the boundary lines to establish the (B) expended in accordance with subsection mining laws; and boundaries of the land taken into trust (a)(2) or (b)(2), as applicable. (3) operation of the mineral leasing and under subsection (a). (d) USE OF LAND.— geothermal leasing laws. SEC. 203. WITHDRAWAL. (1) GAMING.—Land taken into trust under (f) DEADLINE FOR SALE.— (a) IN GENERAL.—Subject to valid existing subsection (a) shall not be eligible, or consid- (1) IN GENERAL.—Except as provided in paragraph (2), not later than 1 year after the rights, the Federal land described in sub- ered to have been taken into trust, for class date of enactment of this Act, if there is a section (b) is permanently withdrawn from— II gaming or class III gaming (as those terms qualified bidder for the land described in (1) all forms of entry and appropriation are defined in section 4 of the Indian Gaming paragraphs (1) and (2) of subsection (b), the under the public land laws and mining laws; Regulatory Act (25 U.S.C. 2703)). Secretary of the Interior shall offer the land (2) location and patent under the mining (2) TRUST LAND FOR CEREMONIAL USE AND for sale to the qualified bidder. laws; and CONSERVATION.—With respect to the use of the land taken into trust under subsection (2) POSTPONEMENT; EXCLUSION FROM SALE.— (3) operation of the mineral laws, geo- (a), the Tribe— (A) REQUEST BY CARSON CITY FOR POSTPONE- thermal leasing laws, and mineral material (A) shall limit the use of the land above MENT OR EXCLUSION.—At the request of the laws. the 5,200′ elevation contour to— City, the Secretary shall postpone or exclude (b) DESCRIPTION OF LAND.—The land re- from the sale under paragraph (1) all or a (i) traditional and customary uses; and ferred to in subsection (a) consists of ap- (ii) stewardship conservation for the ben- portion of the land described in paragraphs proximately 19,747 acres, which is identified (1) and (2) of subsection (b). efit of the Tribe; and on the Map as ‘‘Urban Interface With- (B) shall not permit any— (B) INDEFINITE POSTPONEMENT.—Unless spe- drawal’’. cifically requested by the City, a postpone- (i) permanent residential or recreational ment under subparagraph (A) shall not be in- (c) OFF-HIGHWAY VEHICLE MANAGEMENT.— development on the land; or definite. Until the date on which the Secretary, in (ii) commercial use of the land, including commercial development or gaming. SEC. 202. DISPOSITION OF PROCEEDS. consultation with the State, the City, and (3) TRUST LAND FOR COMMERCIAL AND RESI- any other interested persons, completes a (a) IN GENERAL.—Of the proceeds from the DENTIAL USE.—With respect to the use of the sale of land under sections 101(d)(4)(B) and transportation plan for Federal land in the land identified as ‘‘To Washoe Tribe’’ on the 201(a)— City, the use of motorized and mechanical Map, the Tribe shall limit the use of the land (1) 5 percent shall be paid directly to the vehicles on Federal land within the City below the 5,200′ elevation to— State for use in the general education pro- shall be limited to roads and trails in exist- (A) traditional and customary uses; gram of the State; and ence on the date of enactment of this Act un- (B) stewardship conservation for the ben- (2) the remainder shall be deposited in a less the use of the vehicles is needed— efit of the Tribe; and special account in the Treasury of the (1) for administrative purposes; or (C)(i) residential or recreational develop- United States, to be known as the ‘‘Carson (2) to respond to an emergency. ment; or City Special Account’’, and shall be avail- (ii) commercial use. able without further appropriation to the SEC. 204. AVAILABILITY OF FUNDS. (4) THINNING; LANDSCAPE RESTORATION.— Secretary until expended to— With respect to the land taken into trust (A) reimburse costs incurred by the Bureau Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law under subsection (a), the Secretary of Agri- of Land Management for preparing for the culture, in consultation and coordination 105–263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. sale of the Federal land described in section with the Tribe, may carry out any thinning 1317; 118 Stat. 2414; 120 Stat. 3045) is amend- 201(b), including the costs of— and other landscape restoration activities on (i) surveys and appraisals; and ed— the land that is beneficial to the Tribe and (ii) compliance with— (1) in paragraph (3)(A)(iv), by striking the Forest Service. (I) the National Environmental Policy Act ‘‘Clark, Lincoln, and White Pine Counties SEC. 302. CORRECTION OF SKUNK HARBOR CON- of 1969 (42 U.S.C. 4321 et seq.); and and Washoe County (subject to paragraph VEYANCE. (II) sections 202 and 203 of the Federal Land 4))’’ and inserting ‘‘Clark, Lincoln, and (a) PURPOSE.—The purpose of this section Policy and Management Act of 1976 (43 White Pine Counties and Washoe County is to amend Public Law 108–67 (117 Stat. 880) U.S.C. 1712, 1713); (subject to paragraph 4)) and Carson City to make a technical correction relating to (B) reimburse costs incurred by the Bureau (subject to paragraph (5))’’; the land conveyance authorized under that of Land Management and Forest Service for (2) in paragraph (3)(A)(v), by striking Act. preparing for, and carrying out, the transfers ‘‘Clark, Lincoln, and White Pine Counties’’ (b) TECHNICAL CORRECTION.—Section 2 of of land to be held in trust by the United and inserting ‘‘Clark, Lincoln, and White Public Law 108–67 (117 Stat. 880) is amended— States under section 301; Pine Counties and Carson City (subject to (1) by striking ‘‘Subject to’’ and inserting (C) acquire land or an interest in environ- paragraph (5))’’; the following: mentally sensitive land; and (3) in paragraph (4), by striking ‘‘2011’’ and ‘‘(a) IN GENERAL.—Subject to’’; (D) conduct an inventory of, evaluate, and inserting ‘‘2015’’; and (2) in subsection (a) (as designated by para- protect unique archaeological resources (as (4) by adding at the end the following: graph (1)), by striking ‘‘the parcel’’ and all defined in section 3 of the Archaeological Re- ‘‘(5) LIMITATION FOR CARSON CITY.—Carson that follows through the period at the end sources Protection Act of 1979 (16 U.S.C. City shall be eligible to nominate for expend- and inserting the following: ‘‘and to approxi- 470bb)) of the City. iture amounts to acquire land or an interest mately 23 acres of land identified as ‘Parcel (b) SILVER SADDLE ENDOWMENT ACCOUNT.— in land for parks or natural areas and for #1’ on the map entitled ‘Skunk Harbor Con- (1) ESTABLISHMENT.—There is established conservation initiatives— veyance Correction’ and dated June 24, 2008, in the Treasury of the United States a spe- ‘‘(A) adjacent to the Carson River; or the western boundary of which is the low cial account, to be known as the ‘‘Silver Sad- ‘‘(B) within the floodplain of the Carson water line of Lake Tahoe at elevation 6,223.0 dle Endowment Account’’, consisting of such River.’’. (Lake Tahoe Datum).’’; and

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7952 CONGRESSIONAL RECORD — SENATE July 31, 2008 (3) by adding at the end the following: In addition to reducing our depend- method of providing information to ‘‘(b) SURVEY.—Not later than 180 days after ence on foreign oil, a producing well doctors. It’s called academic detailing, the date of enactment of this subsection, the provides both State and Federal taxes, and we believe it can have a positive Secretary of Agriculture shall complete a pays royalties to land and mineral impact on both quality and cost of survey of the boundary lines to establish the boundaries of the trust land. owners, and keeps jobs and dollars on healthcare nationwide. Academic de- ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in American soil and in American pock- tailing provides physicians and other this Act prohibits any approved general pub- ets. A plugged well provides none of prescribers with an objective source of lic access (through existing easements or by this. On the contrary, the IOGCC re- unbiased information on all prescrip- boat) to, or use of, land remaining within the ported that in 2006, plugged and aban- tion drugs, based on scientific research Lake Tahoe Basin Management Unit after doned marginal wells resulted in the certified by HHS. The information is the conveyance of the land to the Secretary loss of $1.77 billion in economic output, presented to doctors in their own of- of the Interior, in trust for the Tribe, under $369.2 million in earnings reductions, fices by trained clinicians and phar- subsection (a), including access to, and use and 8,223 lost jobs. macists. Academic detailing ensures of, the beach and shoreline areas adjacent to These statistics testify to the impor- the portion of land conveyed under that sub- that physicians have access to the section.’’. tance of America’s marginal well pro- most comprehensive data available on (c) DATE OF TRUST STATUS.—The trust land duction. With gasoline prices at record drug safety of the full array of pharma- described in section 2(a) of Public Law 108–67 highs, Congress must ensure that gov- ceutical treatment options, including (117 Stat. 880) shall be considered to be taken ernment policies do not discourage, low-cost generic alternatives. into trust as of August 1, 2003. and instead prolong and enhance, pro- The proposed legislation would pro- (d) TRANSFER.—The Secretary of the Inte- duction from these low volume wells. vide two sets of grants. The first grant rior, acting on behalf of and for the benefit That is why today I am glad to join program would create educational ma- of the Tribe, shall transfer to the Secretary with my fellow Oklahoman, Congress- of Agriculture administrative jurisdiction terials for doctors on the safety, effi- man DAN BOREN, to introduce the Mar- over the land identified as ‘‘Parcel #2’’ on cacy, and cost of prescription drugs, in- the map entitled ‘‘Skunk Harbor Conveyance ginal Well Production Preservation and cluding generic drugs and over-the- Correction’’ and dated June 24, 2008. Enhancement Act. This bill will counter alternatives. A second set of SEC. 303. AGREEMENT WITH FOREST SERVICE. streamline and clarify government reg- up to ten grants would be used to dis- The Secretary of Agriculture, in consulta- ulations, prolong economic feasibility, patch trained medical staff—such as tion with the Tribe, shall develop and imple- and enhance production volumes from pharmacists, nurses, and other health ment a cooperative agreement that ensures marginal wells. Every onshore oil and care professionals—into physicians’ of- regular access by members of the Tribe and gas well in the Nation eventually de- fices to distribute and discuss the inde- other people in the community of the Tribe clines into marginal production. The pendent information. To ensure their across National Forest System land from the Marginal Well Production Preservation City to Lake Tahoe for cultural and religious neutrality, all grant recipients would and Enhancement Act ensures that the be prohibited from receiving financial purposes. Nation’s policies recognize and reflect SEC. 304. ARTIFACT COLLECTION. support from drug manufacturers. the economic importance of marginal When doctors are better informed (a) NOTICE.—At least 180 days before con- well production. It’s good for America’s ducting any ground disturbing activities on about the full range of drugs available small producers, as well as America’s the land identified as ‘‘Parcel #2’’ on the on the market, they are more likely to Map, the City shall notify the Tribe of the consumers. prescribe the most effective treatment, proposed activities to provide the Tribe with as opposed to the latest brand-name adequate time to inventory and collect any By Mr. KOHL (for himself, Mr. DURBIN, Mr. KENNEDY, and Mr. blockbuster drug. The result is also artifacts in the affected area. lower health care costs. A study in the (b) AUTHORIZED ACTIVITIES.—On receipt of CASEY): notice under subsection (a), the Tribe may S. 3396. A bill to amend the Public New England Journal of Medicine pro- collect and possess any artifacts relating to Health Service Act to provide grants or jected that for every dollar spent on the Tribe in the land identified as ‘‘Parcel contracts for prescription drug edu- academic detailing, two dollars can be #2’’ on the Map. cation and outreach for healthcare pro- saved in drug costs, due in part to the TITLE IV—AUTHORIZATION OF viders and their parents; to the Com- increased use of generic drugs. In this APPROPRIATIONS mittee on Health, Education, Labor, way, a Federal academic detailing pro- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. and Pensions. gram will likely pay for itself, while There are authorized to be appropriated Mr. KOHL. Mr. President, I rise saving the government, consumers, and such sums as are necessary to carry out this today to introduce the Independent employers a considerable amount of Act. Drug Education and Outreach Act. money. Over the past year, the Committee on I would like to thank my cosponsors By Mr. INHOFE: Aging has been taking a close look at in the Senate, Majority Whip DICK S. 3395. A bill to provide for marginal the relationship between the pharma- DURBIN, HELP Committee Chairman well production preservation an en- ceutical industry and our Nation’s phy- TED KENNEDY, and Senator BOB CASEY. hancement; to the Committee on Fi- sicians. Not only does the interaction I would also like to thank Representa- nance. between these two parties seem to be tives HENRY WAXMAN and FRANK Mr. INHOFE. Mr. President, a mar- fraught with conflicts of interest, but PALLONE, who are introducing a com- ginal well is defined as one which pro- it is likely that the marketing methods panion bill today in the House. We duces 15 barrels or less of oil per day. employed by drug companies—and the stand together with the goal of pro- Yet, according to the Interstate Oil manner in which they educate doctors viding doctors with unbiased informa- and Gas Compact Commission, IOGCC, about their products—have an impact tion on prescription drugs, and ensur- these marginal wells contribute nearly on the rising costs of prescription ing Americans receive the quality 18 percent of the oil and 9 percent of drugs in America. health care they deserve. the natural gas produced in America. When it comes to knowing what Mr. DURBIN. Prescription drugs can In fact, marginal wells produced treatment options are available to doc- restore health, prevent illness, and ex- more than 335 million barrels of oil in tors, pharmaceutical sales reps are cur- tend lives. But deciding whether to pre- 2006. That’s equivalent to more than 60 rently one of the most common ways scribe a drug, and which one, requires a percent as much as the United States physicians learn about the latest drugs careful balancing of potential benefits, imports annually from Saudi Arabia or on the market. However, these sales risks, and costs. 67 percent as much as the Nation im- reps often seem to confuse educating Prescribing should not be determined ports annually from Venezuela. In my with selling, and evidence shows that by how heavily a drug is promoted by a own State of Oklahoma, it is the small doctors’ prescribing patterns can be pharmaceutical company. Sadly, this independents, basically mom-and-pop heavily influenced by the sometimes is largely what happens today. operations, that produce the majority biased information handed out by these Our health care system does not gen- of oil and natural gas, with 85 percent sales representatives. erate objective, easy-to-access infor- of Oklahoma’s oil coming from mar- The Independent Drug Education and mation for doctors to guide them when ginal wells. Outreach Act offers an alternative it comes to prescribing options.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7953 New drugs are constantly entering Part of the solution is academic de- Mr. OBAMA, Mr. SANDERS, Mr. the marketplace, but there’s very little tailing, an idea first developed by Jerry BROWN, and Mr. WHITEHOUSE)): objective information about what drug Avorn, a physician at Harvard Medical S. 3398. A bill to amend the Federal might be marginally safer or more ef- School and Brigham and Women’s Hos- Food, Drug, and Cosmetic Act with re- fective than existing drugs. pital in Boston. spect to liability under State and local Even the most vigilant doctors would Academic detailing programs use requirements respecting devices; to the be challenged to monitor the dozens of some of the marketing tools that the Committee on Health, Education, medical journals that could contain a drug industry has used so effectively, Labor, and Pensions. helpful study comparing the safety and such as office visits to physicians and Mr. HARKIN. Mr. President, I am effectiveness of drugs. easy-to-read materials, but employs proud to join my colleagues in intro- The pharmaceutical industry has them to promote appropriate pre- ducing the Medical Device Safety Act. taken advantage of this information scribing, based on an objective analysis This legislation reverses the Supreme void. of the medical literature. Court’s erroneous decision in Riegel v. It spends about $7 billion a year mar- These programs—which send trained Medtronic. There, the Court misread a keting to physicians and sends over nurses and pharmacists, armed with statute designed to protect consumers 90,000 sales representatives, called de- unbiased information, to doctors’ of- by giving the Food and Drug Adminis- tailers, to pitch their company’s latest fice—have been shown to generate $2 in tration the authority to approve med- and most expensive drugs. savings for every $1 that it costs to im- ical devices as preempting state tort What the drug industry is doing is plement them. claims when a medical device causes not education. It is promotion. And Pennsylvania’s PACE program is the harm. Riegel prevents consumers from there’s a big difference between the State’s pharmacy assistance program receiving fair compensation for inju- two. for low- and moderate-income seniors, ries sustained, medical expenses in- The drug company sales representa- and it runs the most notable publicly curred and lost wages, and it must be tives are hired more for their charisma funded academic detailing program. reversed. than their scientific knowledge, and The PACE academic detailing pro- Congressional action should be un- they provide doctors with information gram has reduced costs associated with necessary. When Congress passed the skewed to portray their company’s the overuse of Nexium, an acid-reflux Medical Device Amendments, or MDA, product in the most favorable light. drug for which there are similar lower- in 1976, it did so ‘‘[t]o provide for the The sales representatives arrive with cost alternatives, and reduced the use safety and effectiveness of medical de- free lunches and free drug samples. Lu- of Cox–2 inhibitors such as Vioxx. vices intended for human use.’’ In crative speaking and consulting fees Today, I am joining Senator KOHL other words, Congress passed the MDA are possible for doctors who change and Senators KENNEDY and CASEY in in- precisely to protect consumers from their prescribing to the liking of a drug troducing legislation that would pro- dangerous medical devices. Toward company. mote additional academic detailing that end, Congress gave the FDA the The consequence of such a system is programs. authority to approve, prior to a prod- clear: an over-reliance on prescribing The Independent Drug Education and uct entering the market, certain med- the latest, most expensive drugs even Outreach Act would provide funds to ical devices. For over 30 years the MDA when existing drugs are as effective, as medical schools, schools of pharmacies, has been in effect, and over that period safe, or cost less. and others for the development of edu- FDA regulation and tort liability have The pain-reliever Vioxx provides a cational materials based on what unbi- complemented each other in protecting cautionary tale of what can happen ased, peer-reviewed medical literature consumers. when marketing prowess trumps evi- says about appropriate prescribing for Given the MDA’s purpose, and the dence-based medicine. a particular condition. fact it has operated successfully for 30 Heavy marketing quickly made The bill also would provide funds to years, I was disheartened to find the Vioxx a blockbuster drug with $3 bil- ten governmental or non-profit groups Court twist the meaning of the statute lion a year in sales, despite a lack of to train nurses and pharmacists and to to strip from consumers all remedies evidence that it could provide any send them to physician offices to when a medical device fails. In con- greater pain relief for most patients present and discuss this information torted logic, the Court found that the than Advil and despite early indica- directly with physicians. FDA’s requirements in approving a tions that it increased the risk of heart The bill includes protections against medical device preempted state laws attacks. Many Americans needlessly financial conflicts of interest and calls designed to ensure that manufacturers paid more and placed themselves at on the Agency for Health Care Re- marketed safe devices. In other words, risk because the benefits of Vioxx were search and Quality to review the accu- the Court believes that a company’s re- oversold and the risks minimized. racy of the information provided to sponsibility to its patients ends when Another example is the marketing of doctors. it receives FDA approval. I strenuously calcium-channel blockers in 1990s. The Independent Drug Education and disagree. Heavy marketing increased the sales of Outreach Act would begin to fix one of In fact, there is absolutely no evi- the new patent-protected calcium- the glaring shortcomings of our cur- dence that Congress intended that channel blockers but decreased sales of rent health care system: the lack of a under the MDA, consumers would lose other blood-pressure drugs, such as systematic way of disseminating infor- their only avenue for receiving com- thiazide diuretics and betablockers, mation on the relative benefits, risks, pensation for injuries caused by neg- that were cheaper and often more ef- and costs of various treatment options ligent or inadequately labeled devices. fective. directly to doctors. Not a single member or committee re- A more recent example is the choles- When it comes to prescription drugs, port articulated the view that the stat- terol drug Vytorin. The new drug has newer isn’t necessarily better. In many ute would preempt state tort law. been heavily marketed since it was in- cases, they are not. Nevertheless, because of the Court’s troduced in 2004. But a study released We can no longer afford to rely on decision, it is imperative that Congress earlier this year did not find that drug company salespersons to be doc- act to ensure that those harmed by Vytorin was any better at limiting tors’ primary source of information flawed medical devices can seek com- plaque buildup in the arteries than about new drugs. pensation. The bill introduced today Zocor, an older cholesterol drug that I urge my colleagues to support this addresses the Court’s action by explic- recently came out in a lower-priced ge- bill. itly stating that actions for damages neric form. under state law are preserved. Specifi- We have to find a better way to edu- By Mr. REID (for Mr. KENNEDY cally, it amends section 521 of the Fed- cate physicians about prescription drug (for himself, Mr. LEAHY, Mr. eral Food, Drug, and Cosmetic Act to options and fill the void of medical in- DODD, Mr. HARKIN, Ms. MIKUL- state that the section shall not be con- formation that the drug industry is SKI, Mr. BINGAMAN, Mrs. MUR- strued to modify or otherwise affect now taking advantage of. RAY, Mr. REED, Mrs. CLINTON, any action for damages or the liability

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7954 CONGRESSIONAL RECORD — SENATE July 31, 2008 of any person under the law of any which the FDA [had] approved devices as a whole is alerted to dangers in med- State. And, the bill applies retro- that proved unsafe in use.’’ ical products. actively to the date of the enactment The fact is, the FDA conducts the ap- Finally, providing the ability to sue of the MDA, consistent with Congress’s proval process with minimal resources when injured provides an important in- intent when it passed that act over 30 and simply does not have adequate centive to manufacturers to use the ut- years ago. Practically, that means that funds to genuinely ensure that devices most care. Additionally, threat of prod- it applies to cases pending on the date are safe or to properly and effectively uct liability suits creates continuing of enactment of this legislation or reevaluate approvals as new informa- incentives for product manufacturers claims for injuries sustained prior to tion becomes available. to improve the safety of their device, enactment. Further, the FDA approval process is even after FDA approval. The harm from Riegel, unless Con- based on partial information. A prin- The Court fundamentally misread gress acts, cannot be more real. Take cipal shortcoming is that the device’s Congress’s intent in passing the Med- Riegel itself. In 1996, Charles Riegel manufacturer compiles the studies and ical Device Amendments in 1976, and had an angioplasty performed on his data supporting an application, and the Reigel represents yet another victory right coronary artery. During the pro- data is often unreliable. And, the FDA by big business over consumers. Those cedure, Mr. Reigel’s surgeon used does not conduct independent inves- injured, however, deserve to have their Medtronic’s Evergreen Balloon Cath- tigations into a device’s safety. A man- day in court and are entitled to com- eter. The catheter burst inside Mr. ufacturer, moreover, is not required to pensation when they are injured by Reigel’s artery, causing him severe and submit information about development faulty medical devices, have medical permanent injuries and disabilities. of the device, including alternative de- expenses to pay and lost wages, regard- Under our system of law, when some- signs, manufacturing methods and la- less of whether FDA approved a device one is injured, he or she can normally beling possibilities that the manufac- or not. We must reverse this erroneous seek redress from the entity that turer considered, but rejected. decision and ensure that those who caused him or her harm. Yet, because In 1993, an FDA committee found have suffered serious injury at the of the Court’s decision, Mr. Riegel and flaws in the design, conduct and anal- hands of others receive justice. his wife will receive no compensation ysis of the clinical studies used to sup- for the defective design and inadequate port applications that were ‘‘suffi- By Mrs. LINCOLN (for herself, warning. ciently serious to impede the agency’s Mr. SMITH, Ms. CANTWELL, Mr. It is not just Mr. Riegel. In 2002, Gary ability to make the necessary judg- CORNYN, Mrs. MURRAY, Mrs. Despain was implanted with a defective ments about [device] safety and effec- DOLE, Ms. LANDRIEU, Mr. hearing aid Soundtec manufactured. tiveness.’’ It added, ‘‘[o]ne of the main CHAMBLISS, Mr. WICKER, and While working as a welder, he suffered reasons [problems arise after approval] Mr. VITTER): damage to his right ear, apparently as is that the data upon which we base S. 3399. A bill to amend the Internal a result of interference between a mag- our safety and effectiveness decisions Revenue Code of 1986 to make perma- net in his hearing device and some isn’t perfect.’’ Likewise, in 1996, the In- nent the reduction in the rate of tax on electronic welding equipment being spector General of the Department of qualified timber gain of corporations, used in the plant. The device caused se- Health and Human Services reported and for other purposes; to the Com- vere ringing in his ear, but the labeling ‘‘serious deficiencies . . . in the clin- mittee on Finance. for the device failed to warn of this po- ical data submitted as part of pre-mar- Mrs. LINCOLN. Mr. President, I am tential risk. Mr. Despain had to have ket applications.’’ very pleased to rise today to introduce the device surgically removed and he FDA review, moreover, is a one-time the Timber Revitalization and Eco- remains unemployed and disabled as a event with no reevaluation and very nomic Enhancement Act II of 2008 with result of the device. little FDA oversight once a device my good friend, Senator SMITH of Or- Nevertheless, two weeks after the reaches doctors and patients. In fact, egon. I also want to say a special Court’s Riegel decision, Mr. Despain’s even the best-designed and most reli- thanks to our cosponsors, Senators lawsuit against Soundtec was dis- able clinical studies by their very na- CANTWELL, MURRAY, DOLE, CHAMBLISS, missed and Mr. Despain has no ability ture cannot duplicate all aspects and CORNYN, LANDRIEU, WICKER and VITTER. to seek remedies for his injuries. hazards of everyday use. Moreover, This legislation has commonly been The result of Riegel, therefore, is while manufacturers are supposed to referred to as the TREE Act. I appre- that in the event the FDA does an in- report defects and injuries, the FDA ciate that Congress understood the im- adequate job of inspecting and assuring has admitted that there is ‘‘severe portance of the TREE Act with its in- the safety of medical devices—and be- underreporting’’ of defects and injuries. clusion and enactment in the Farm Bill cause tort actions are now precluded— Given the FDA’s limitations, it is earlier this year. But, unfortunately, then consumers are left at extreme crucial that an individual have a right this tax policy is already set to expire risk. to seek redress. When defective med- in less than one year. So today, my col- While FDA approval of medical de- ical devices reach the market, whether leagues and I introduce the TREE Act vices, moreover, is important, it can- or not approved by the FDA, patients II to make this important forest policy not be the sole protection for con- are often injured. Those injured are permanent. sumers. FDA approval is simply inad- often left temporarily unable to work In my home State of Arkansas, the equate to replace the long-standing or to enjoy normal lives, and in many est products industry is a foundation of safety incentives and consumer protec- cases never fully recover. State tort our economy and culture. More than 50 tions that state tort law provides. law provides the only relief for patients percent of Arkansas land is forested. As a senior member of the Health, injured by defective medical devices Much of this is sustainably managed to Education, Labor and Pension Com- and should not be foreclosed. create products we use every day. In mittee, which has oversight over FDA, Not only does access to State court addition, there are jobs associated with I have worked hard to ensure that the mean that a person injured can receive the growing of these forests and manu- FDA performs its job. No matter how fair compensation, but there are other facture of these great products. More effective the FDA is, however, the FDA advantages. Such suits aid in exposing than 32,000 Arkansas men and women simply cannot guarantee that no defec- dangers and serve as a catalyst to ad- work in our woods, at our sawmills and tive, dangerous and deadly medical de- dress their consequences. Through dis- in our paper mills. These are good jobs vice will reach consumers. As the covery, litigation can help uncover pre- located in our small rural towns. former Director of the FDA’s Center viously unavailable information on ad- However, these jobs and this industry for Devices and Radiological Health ac- verse effects of products that might continue to face many challenges. The knowledged, the FDA’s ‘‘system of ap- not have been caught during the regu- TREE Act II addresses one of these proving devices isn’t perfect, and that latory system. Litigants can demand challenges. Just as it is important to unexpected problems [with approved documents and information on product have diversity in our forests, it is also devices] do arise.’’ In 1993, a House re- risks that might not have been shared important to maintain diversity in our port identified a ‘‘number of cases in with the FDA. In this way, the public forestry industry, and we must ensure

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7955 that all business forms have the nec- The shroud of secrecy extends to Ex- mation about the nature and cir- essary tools so they can be successful ecutive Orders and other Presidential cumstances of the change is classified, in the global marketplace. Timber directives that carry the force of law. it is exempt from the publication re- companies that are organized as cor- The Federal Register Act requires the quirement, but the information still porations continue to be under inten- President to publish any Executive Or- must be provided to Congress so that sifying pressure to reorganize. In that ders that have general applicability we, as legislators, know how the law case, a corporation that owns substan- and legal effect. But through the dili- has been changed. tial manufacturing facilities would be gent efforts of my colleague Senator That is what our bill does; now let forced to sell some of those facilities Whitehouse, we learned last December me talk briefly about what our bill and to make other structural changes that the Department of Justice has does not do. First, it does not expand in order to comply with the relevant taken the position that a President can the existing legal requirements, under tax rules that it would newly become ‘‘waive’’ or ‘‘modify’’ any Executive the Federal Register Act, that deter- subject to. This would be likely to Order without any notice to the public mine which Executive Orders must be cause disruptions in some of these com- or Congress—simply by not following published. To the extent the Federal munities and also would make it hard- it. In other words, even in cases where Register Act permits a certain amount er for U.S. companies to compete inter- the President is required to make the of ‘‘secret law’’ in the form of unpub- nationally. law public, the President can change lished Executive Orders, our bill leaves In Arkansas, like so many other the law in secret. that framework in place. Second, our bill does not require pub- States across our Nation, a strong for- The Office of Legal Counsel memo- lic notice when the President revokes est product industry is essential to randum that contains this position is still classified, but Senator Whitehouse or modifies an unpublished Executive having a strong economy. A permanent Order—even if the substance of the un- solution to the TREE Act II is impera- convinced the Department of Justice to declassify certain statements in the published order is well-known to Con- tive for this industry and supporting gress and even the American people. memorandum. The Senator from Rhode the jobs it provides. I look forward to This bill is narrowly aimed at the situ- Island spoke on the floor last Decem- working with my colleagues on the ation in which the American people ber, and many times since then, about Senate Finance Committee to ensure have been given official notice of one these statements. They include the this important tax policy is made per- version of the law, but a different manent. statement that ‘‘[w]henever [the Presi- version is being implemented. dent] wishes to depart from the terms Third, the bill does not require the By Mr. FEINGOLD (for himself of a previous executive order,’’ he may President to adhere to the terms of an and Mr. WHITEHOUSE): do so, because ‘‘an executive order can- Executive Order. Many scholars have S. 3405. A bill to prohibit secret modi- not limit a President.’’ And he doesn’t argued that a President must adhere to fications and revocations of the law, have to change the executive order, or a formally promulgated Executive and for other purposes; to the Com- give notice that he’s violating it, be- Order unless or until the Order is for- mittee on Homeland Security and Gov- cause by ‘‘depart[ing] from the execu- mally withdrawn or amended, just as ernmental Affairs. tive order,’’ the President ‘‘has instead the head of an agency must adhere to Mr. FEINGOLD. Mr. President, modified or waived it.’’ the agency’s regulations. I happen to today, the junior Senator from Rhode Now, no one disputes that a Presi- agree. But this bill does not take a po- Island, Senator WHITEHOUSE, and I will dent can withdraw or revise an Execu- sition on OLC’s assertion that any de- introduce the Executive Order Integ- tive Order at any time; that is every viation from the Executive Order by rity Act of 2008. The bill prevents se- President’s prerogative. But abro- the President is a permissible amend- cret changes to published Executive gating a published Executive order ment of that Order. It simply requires Orders by requiring the President to without any public notice works a se- public notice that the amendment has place a notice in the Federal Register cret change in the law. Worse, because occurred. when he has modified or revoked a pub- the published Order stays on the books, Fourth, the bill does not require the lished Order. Through this simple it actively misleads Congress and the publication of classified information measure, the bill takes an important public as to what the law is. about intelligence sources and methods step toward stemming the growth of This is not just a hypothetical prob- or similar information. The basic fact secret law in the executive branch. lem dreamed up by the Office of Legal that the published law is no longer in The principle behind this bill is Counsel. It has happened, and it could effect, however, cannot be classified. straightforward. It is a basic tenet of happen again. To list just one example, On rare occasions, national security democracy that the people have a right the administration’s warrantless wire- can justify elected officials keeping to know the law. Indeed, the notion of tapping program not only violated the some information secret, but it can ‘‘secret law’’ has been described in Foreign Intelligence Surveillance Act; never justify lying to the American court opinions and law treatises as ‘‘re- it was inconsistent with several provi- people about what the law is. Main- pugnant’’ and ‘‘an abomination.’’ That sions of Executive Order 12333, the taining two different sets of laws, one is why the laws passed by Congress longstanding executive order governing public and one secret, is just that—de- have historically been matters of pub- electronic surveillance and other intel- ceiving the American people about lic record. ligence activities. Apparently, the ad- what law applies to the government’s But the law that applies in this coun- ministration believed its actions con- conduct. try includes more than just statutes. It stituted a tacit amendment of that Ex- I commend Senator WHITEHOUSE for includes regulations, the controlling ecutive Order. And who knows how his tireless work to bring this issue to legal interpretations of courts and the many other Executive Orders have light, and I urge all of my colleagues in executive branch, and certain Presi- been secretly revoked or amended by the Senate to support this modest ef- dential directives. As we learned at a the conduct of this Administration. fort to ensure the integrity of our pub- hearing of the Judiciary Committee’s The bill that Senator Whitehouse and lished laws. Constitution Subcommittee that I I will introduce provides a simple solu- Mr. President, I ask unanimous con- chaired in April, some of this body of tion to this problem. If the President sent that the text of the bill be placed executive and judicial law is increas- revokes, modifies, waives, or suspends in the RECORD. There being no objection, the text of ingly being kept secret from the pub- a published Executive Order or similar the bill was ordered to be printed in lic, and too often from Congress as directive, notice of this change in the the RECORD, as follows: well. The Bush administration has con- law must be placed in the Federal Reg- cealed Department of Justice legal ister within 30 days. The notice must S. 3405 opinions, interpretations of the For- specify the Order or the provision that Be it enacted by the Senate and House of Rep- resentatives of the United States of America in eign Intelligence Surveillance Court, has been affected; whether the change Congress assembled, and even the agency rule that requires is a revocation, a modification, a waiv- SECTION 1. SHORT TITLE. Americans to show identification at er, or a suspension; and the nature and This Act may be cited as the ‘‘Executive airports. circumstances of the change. If infor- Order Integrity Act of 2008’’.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7956 CONGRESSIONAL RECORD — SENATE July 31, 2008 SEC. 2. REVOCATIONS, MODIFICATIONS, WAIV- President and published in the Federal Reg- The Americans with Disabilities Act ERS, AND SUSPENSIONS OF PRESI- ister.’’. was one of the landmark civil rights DENTIAL PROCLAMATIONS AND EX- ECUTIVE ORDERS. laws of the 20th century—a long-over- By Mr. HARKIN (for himself, Mr. due emancipation proclamation for Section 1505 of title 44, United States Code, HATCH, Mr. KENNEDY, Mr. ENZI, Mr. is amended by adding at the end the fol- Americans with disabilities. Thanks to SPECTER, Mr. OBAMA, Mr. MCCAIN, Mr. lowing: that law, we have removed most phys- DODD, Mr. GREGG, Mrs. CLINTON, Mr. ‘‘(d) REVOCATIONS, MODIFICATIONS, WAIV- ical barriers to movement and access ALEXANDER, Mr. JOHNSON, Mr. ROB- ERS, AND SUSPENSIONS OF PRESIDENTIAL for more than 50 million Americans ERTS, Mr. KERRY, Mr. COLEMAN, Mr. PROCLAMATIONS AND EXECUTIVE ORDERS.— with disabilities. We have required em- ‘‘(1) NOTICE REQUIRED.—If the President, FEINGOLD, Ms. SNOWE, Mr. LEAHY, Mr. ployers to provide reasonable accom- whether formally or informally, and whether BURR, Mr. BROWN, Mr. SMITH, Mr. DUR- modations so that people with disabil- through express order, conduct, or other BIN, Ms. MURKOWSKI, Mr. LAUTENBERG, ities can have equal opportunity in the means— Mr. WARNER, Mr. SANDERS, Mr. ‘‘(A) revokes, modifies, waives, or suspends workplace. And we have advanced the BROWNBACK, Mr. REED, Mr. MARTINEZ, four goals of the ADA—equality of op- any portion of a Presidential proclamation, Ms. MIKULSKI, Mr. ISAKSON, Mr. CASEY, Executive Order, or other Presidential direc- portunity, full participation, inde- Mr. CRAIG, Mrs. MURRAY, Mr. BENNETT, tive that was published in the Federal Reg- pendent living, and economic self-suffi- ister; or Ms. LANDRIEU, Ms. COLLINS, Mr. BIDEN, ciency. ‘‘(B) authorizes the revocation, modifica- Mr. ALLARD, Mr. NELSON of Florida, The reach—the triumph—of the ADA tion, waiver, or suspension of any portion of Mr. SUNUNU, Mr. CARDIN, Mr. THUNE, revolution struck home to me, some such Presidential proclamation, Executive Mr. LEVIN, Mr. BARRASSO, Mrs. time back, when I attended a Wash- Order, or other Presidential directive; MCCASKILL, Mr. CRAPO, Mr. SCHUMER, ington convention of several hundred notice of such revocation, modification, Mr. STEVENS, Mr. SALAZAR, Mr. disability rights advocates, many with waiver, or suspension shall be published in VOINOVICH, Mr. TESTER, Mr. COCHRAN, significant disabilities. They arrived in the Federal Register within 30 days after the Mr. REID, Mr. LUGAR, and Mr. revocation, modification, waiver, or suspen- Washington on trains and airplanes CHAMBLISS): built to accommodate people with mo- sion, in accordance with the terms under S. 3406. A bill to restore the intent paragraph (2). bility impairments. They came to the and protections of the Americans with ‘‘(2) CONTENT OF NOTICE.— hotel on Metro and in regular busses, ‘‘(A) IN GENERAL.—Except as provided Disabilities Act of 1990; read the first all seamlessly accessible by wheel- under subparagraph (B), the notice required time. chair. They navigated city streets under paragraph (1) shall specify— Mr. HARKIN. Mr. President, I am equipped with curb cuts and ramps. ‘‘(i) the Presidential proclamation, Execu- pleased to join with Senators HATCH, The hotel where the convention took tive Order, or other Presidential directive, OBAMA, and MCCAIN in introducing the and any particular portion thereof that is af- place was equipped in countless ways ADA Amendments Act of 2008. This bi- to accommodate people with disabil- fected; partisan legislation will allow us to ad- ‘‘(ii) for each affected directive or portion ities. There was a sign language inter- thereof, whether that directive or portion vance and fulfill the original promise preter on the dais so that people with thereof was revoked, modified, waived, or of the Americans with Disabilities Act, hearing disabilities could be full par- suspended; and which was signed into law 18 years ago ticipants. ‘‘(iii) except where such information is this month. For those of us who do not have dis- classified, the specific nature and cir- I am especially grateful to the distin- abilities, these many changes are all cumstances of the revocation, modification, guished senior Senator from Utah, Sen- waiver, or suspension. but invisible. But for individuals with ator HATCH, for his partnership and disabilities, they are transforming and ‘‘(B) REVISED EXECUTIVE ORDER.—Where the leadership in helping to craft our bill revocation, modification, waiver, or suspen- liberating. So are provisions in the sion of a Presidential proclamation, Execu- here in the Senate and to Senator KEN- ADA outlawing discrimination against tive Order, or other Presidential directive is NEDY for his career-long leadership in qualified individuals with disabilities accomplished through the publication in the fighting for the rights of people with in the workplace, and requiring em- Federal Register of a revised Presidential disabilities. Senator KENNEDY has ployers to provide ‘‘reasonable accom- proclamation, Executive Order, or other worked from the beginning to help modations.’’ Presidential directive that replaces or craft this bill. But despite this progress, we face a amends the one that was revoked, modified, This bill is similar to bipartisan leg- challenge. In recent years, the courts waived, or suspended, that revised Presi- islation introduced in the other body dential proclamation, Executive Order, or have narrowed the definition of who other Presidential directive shall constitute by House Majority Leader STENY qualifies as an ‘‘individual with a dis- notice for purposes of paragraph (1). HOYER and Congressman JIM SENSEN- ability.’’ As a consequence, people with ‘‘(3) CLASSIFIED INFORMATION.—If the infor- BRENNER. That bill passed by a 402–17 conditions that common sense tells us mation specified under paragraph (2)(A)(iii) margin last month. are disabilities are being told by courts is classified, such information shall be pro- I am also grateful that, from the out- that they are not in fact disabled, and vided to Congress, using the security proce- set, these bills have been conceived and are not eligible for the protections of dures established under section 501(d) of the crafted in a spirit of genuine biparti- the law. In a ruling last year, the 11th National Security Act of 1947 (50 U.S.C. sanship, with members of both parties 413(d)), in the form of a classified annex de- Circuit Court even concluded that a livered to— coming together to do the right thing person with an intellectual disability ‘‘(A) the majority and minority leader of for all Americans with disabilities. was not ‘‘disabled’’ under the ADA. the Senate; Of course, passage of the Americans When I explain to people what the ‘‘(B) the Speaker, majority leader, and mi- with Disabilities Act was also a bipar- Supreme Court has done, they are nority leader of the House of Representa- tisan effort. As chief sponsor in the shocked. Impairments that the Court tives; Senate, I worked very closely with says are not to be considered disabil- ‘‘(C) the Committee on the Judiciary of the Senator Bob Dole and others on both ities under the law include amputation, Senate and the Committee on the Judiciary sides of the aisle. We received invalu- of the House of Representatives; and intellectual disabilities, epilepsy, dia- ‘‘(D) if the information pertains to na- able support from President George betes, muscular dystrophy, and mul- tional security matters, the Select Com- Herbert Walker Bush and key members tiple sclerosis. mittee on Intelligence of the Senate and the of his administration, including White In three rulings in 1999—Sutton v. Permanent Select Committee on Intelligence House Counsel Boyden Gray, Attorney United Airlines, Murphy v. United Par- of the House of Representatives. General Richard Thornburgh, and cel Service, and Albertson’s v. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in Transportation Secretary Sam Skin- Kirkingburg—the Court held that cor- this subsection shall be construed as either ner. rective and mitigating measures must authorizing or prohibiting the revocation, The fact is that Americans of all modification, waiver, or suspension of any be considered in determining whether Presidential proclamation, Executive Order, walks of life take enormous pride in an individual has a disability under the or other Presidential directive that was pub- the progress we have made since the ADA. lished in the Federal Register through means ADA was passed 18 years ago. Nobody In Sutton, the Supreme Court held other than a formal directive issued by the wants to go backward. that if a person is taking corrective

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7957 measures to mitigate a physical or ure—the prosthesis—you can’t meet and makes it easier for those with mental impairment, the effects of the test of being ‘‘disabled’’ under the physical or mental impairments to be those measures must be taken into ac- law. able to seek relief if they have been count when judging whether a person is So what are you supposed to do in subjected to an adverse action because ‘‘disabled.’’ Corrective measures could these cases? If you don’t take the medi- of their disability. include anything from visual aids to a cation or use the assistive device, then This bill has a broad construction prosthesis. The Court went on to say you are not qualified to do the job. On provision which instructs the courts that the approach adopted by the the other hand, if you stop taking the and the agencies that the definition of Equal Employment Opportunity Com- medication, or stop using your pros- disability is to be interpreted broadly, mission—that persons are to be evalu- thesis, you will be considered a person to the maximum extent permitted by ated in their hypothetical uncorrected with a disability under the ADA, but the ADA. state—was an impermissible interpre- you will be unable to do your job. Mr. President, 18 years ago, the tation of the ADA. What would you do? This is the Catch Americans with Disabilities Act passed In Murphy, the Court applied the 22 situation that, today, confronts with overwhelming bipartisan support. same analysis to medication used to countless people with disabilities. This Likewise, today, with the introduction treat hypertension, and concluded that is clearly not what I intended, or what of this bill, we are building a strong bi- an employee who was fired because he Congress intended, when we passed the cameral, bipartisan majority to sup- had hypertension was not protected ADA in 1990. port the ADA Amendments Act of 2008. under the ADA, because medication al- It boggles the mind that any court Let me say, again, that I am grateful leviated some of his symptoms. would rule that, for instance, multiple for the bipartisan spirit with which we In Kirkingburg, the Supreme Court sclerosis or muscular dystrophy, is not are approaching this legislation. We went further and declared that miti- a disability covered by the ADA. But have an opportunity to come together that is where we are today. And that is gating measures to be included in the and make an important difference for why we are introducing this bill today. determination of whether someone is millions of Americans with disabilities. This Senate bill builds on the success disabled included not only artificial This bill also enjoys strong support aids such as devices and medications, of the House bill. However, it seeks to broaden the definition of disability in a out in the country. It is supported by but also subconscious measures an in- way that maximizes bipartisan con- most national disability organizations, dividual may use to compensate for his sensus and minimizes unintended con- as well as the U.S. Chamber of Com- or her impairment. Kirkingburg was an sequences. merce, the National Association of individual who was blind in one eye, Our bill leaves the ADA’s familiar Manufacturers, the Society for Human and the court found that he was not disability definition language intact: A Resource Management, and the Human ‘‘disabled’’ under the ADA. person with a disability is one who has Resources Policy Association. Moreover, in another Supreme Court a physical or mental impairment that I look forward to working with my case, Toyota v. Williams 2002, the ‘‘substantially limits’’ one or more of colleagues on both sides of the aisle to Court held that there must be a ‘‘de- the major life activities of the indi- pass this bill, and to advance and fulfill manding standard for qualifying as dis- vidual. It does not substitute the term the original promise of the Americans abled.’’ This too, has resulted in a ‘‘materially restricts’’ as in the House with Disabilities Act. much more restrictive requirement bill. Instead, the bill takes several spe- Mr. President, I ask unanimous con- than Congress intended. It has had the cific and general steps that, individ- sent the text of the bill be printed in effect of excluding countless individ- ually and in combination, direct courts the RECORD. uals with disabilities from the protec- toward a more generous meaning and There being no objection, the text of tions of the law. application of the definition. the bill was ordered to be printed in Together, these Supreme Court cases This bill will overturn the basis for the RECORD, as follows: have created a supreme absurdity: The the reasoning in the Supreme Court de- S. 3406 more successful a person is at coping cisions—the Sutton trilogy and the Be it enacted by the Senate and House of Rep- with a disability, the more likely it is Toyota case—that have been so prob- resentatives of the United States of America in for a court to find that they are no lematic for so many people with very Congress assembled, longer sufficiently disabled to be pro- real disabilities. SECTION 1. SHORT TITLE. tected by the ADA. And if these indi- This bill fixes the ‘‘mitigating meas- This Act may be cited as the ‘‘ADA viduals are no longer protected under ures’’ problem by clearly stating that Amendments Act of 2008’’. the ADA, then their requests for a rea- mitigating measures—like the medica- SEC. 2. FINDINGS AND PURPOSES. sonable accommodation at work can be tion or assistive devices I talked about (a) FINDINGS.—Congress finds that— denied. Or they can be fired—without earlier—are not to be considered in de- (1) in enacting the Americans with Disabil- recourse. termining whether someone is entitled ities Act of 1990 (ADA), Congress intended Think about it this way: Imagine to the protections of the ADA. that the Act ‘‘provide a clear and com- that you are an individual with a dis- This bill will make it easier for peo- prehensive national mandate for the elimi- ability who has a job. Due to your dis- nation of discrimination against individuals ple with disabilities to be covered by with disabilities’’ and provide broad cov- ability, you take some medication or the ADA because it effectively expands erage; maybe you use an assistive device. The the definition of disability to include (2) in enacting the ADA, Congress recog- use of the medication or the assistive many more major life activities, as nized that physical and mental disabilities in device allows you to be qualified to do well as a new category of major bodily no way diminish a person’s right to fully your job. It’s a job that you really love. functions. This latter point is impor- participate in all aspects of society, but that At some point, you need to request a tant for those with immune disorders, people with physical or mental disabilities reasonable accommodation from your or cancer, or kidney disease, or liver are frequently precluded from doing so be- employer—maybe, if you have diabetes, cause of prejudice, antiquated attitudes, or disease, because they no longer need to the failure to remove societal and institu- it is 10 minutes a day to take your in- show what specific activity they are tional barriers; sulin and check your blood levels. limited in, in order to meet the statu- (3) while Congress expected that the defini- Or perhaps you use a prosthesis. Your tory definition of disability. tion of disability under the ADA would be in- employer says no, they don’t want to This bill rejects the current EEOC terpreted consistently with how courts had give you an accommodation. Eventu- regulation which says that ‘‘substan- applied the definition of a handicapped indi- ally you get fired as a result. When you tially limits’’ means ‘‘significantly re- vidual under the Rehabilitation Act of 1973, go to court, your employer argues that stricted’’ as too high a standard. We in- that expectation has not been fulfilled; you aren’t really a person with a dis- dicate Congress’s expectation that the (4) the holdings of the Supreme Court in ability so you aren’t entitled to the Sutton v. United Air Lines, Inc., 527 U.S. 471 regulation be rewritten in a less strin- (1999) and its companion cases have narrowed protections of the ADA. Then, under gent way, and we provide the authority the broad scope of protection intended to be these Supreme Court cases, the em- to do so. afforded by the ADA, thus eliminating pro- ployer prevails by convincing the court This bill revives the ‘‘regarded as’’ tection for many individuals whom Congress that because of the mitigating meas- prong of the definition of disability, intended to protect;

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00153 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7958 CONGRESSIONAL RECORD — SENATE July 31, 2008 (5) the holding of the Supreme Court in SEC. 3. CODIFIED FINDINGS. ‘‘(E)(i) The determination of whether an Toyota Motor Manufacturing, Kentucky, Section 2(a) of the Americans with Disabil- impairment substantially limits a major life Inc. v. Williams, 534 U.S. 184 (2002) further ities Act of 1990 (42 U.S.C. 12101) is amend- activity shall be made without regard to the narrowed the broad scope of protection in- ed— ameliorative effects of mitigating measures tended to be afforded by the ADA; (1) by amending paragraph (1) to read as such as— (6) as a result of these Supreme Court follows: ‘‘(I) medication, medical supplies, equip- cases, lower courts have incorrectly found in ‘‘(1) physical or mental disabilities in no ment, or appliances, low-vision devices individual cases that people with a range of way diminish a person’s right to fully par- (which do not include ordinary eyeglasses or substantially limiting impairments are not ticipate in all aspects of society, yet many contact lenses), prosthetics including limbs people with disabilities; people with physical or mental disabilities and devices, hearing aids and cochlear im- (7) in particular, the Supreme Court, in the have been precluded from doing so because of plants or other implantable hearing devices, case of Toyota Motor Manufacturing, Ken- discrimination; others who have a record of mobility devices, or oxygen therapy equip- tucky, Inc. v. Williams, 534 U.S. 184 (2002), in- a disability or are regarded as having a dis- ment and supplies; terpreted the term ‘‘substantially limits’’ to ability also have been subjected to discrimi- ‘‘(II) use of assistive technology; require a greater degree of limitation than nation;’’; ‘‘(III) reasonable accommodations or auxil- was intended by Congress; and (2) by striking paragraph (7); and iary aids or services; or (8) Congress finds that the current Equal (3) by redesignating paragraphs (8) and (9) ‘‘(IV) learned behavioral or adaptive neuro- Employment Opportunity Commission ADA as paragraphs (7) and (8), respectively. logical modifications. regulations defining the term ‘‘substantially SEC. 4. DISABILITY DEFINED AND RULES OF CON- ‘‘(ii) The ameliorative effects of the miti- limits’’ as ‘‘significantly restricted’’ are in- STRUCTION. gating measures of ordinary eyeglasses or consistent with congressional intent, by ex- (a) DEFINITION OF DISABILITY.—Section 3 of contact lenses shall be considered in deter- pressing too high a standard. the Americans with Disabilities Act of 1990 mining whether an impairment substantially (42 U.S.C. 12102) is amended to read as fol- limits a major life activity. (b) PURPOSES.—The purposes of this Act lows: ‘‘(iii) As used in this subparagraph— are— ‘‘SEC. 3. DEFINITION OF DISABILITY. ‘‘(I) the term ‘ordinary eyeglasses or con- (1) to carry out the ADA’s objectives of ‘‘As used in this Act: tact lenses’ means lenses that are intended providing ‘‘a clear and comprehensive na- ‘‘(1) DISABILITY.—The term ‘disability’ to fully correct visual acuity or eliminate tional mandate for the elimination of dis- means, with respect to an individual— refractive error; and crimination’’ and ‘‘clear, strong, consistent, ‘‘(A) a physical or mental impairment that ‘‘(II) the term ‘low-vision devices’ means enforceable standards addressing discrimina- substantially limits one or more major life devices that magnify, enhance, or otherwise tion’’ by reinstating a broad scope of protec- activities of such individual; augment a visual image.’’. tion to be available under the ADA; ‘‘(B) a record of such an impairment; or (b) CONFORMING AMENDMENT.—The Ameri- (2) to reject the requirement enunciated by ‘‘(C) being regarded as having such an im- cans with Disabilities Act of 1990 (42 U.S.C. the Supreme Court in Sutton v. United Air pairment (as described in paragraph (3)). 12101 et seq.) is further amended by adding Lines, Inc., 527 U.S. 471 (1999) and its com- ‘‘(2) MAJOR LIFE ACTIVITIES.— after section 3 the following: panion cases that whether an impairment ‘‘(A) IN GENERAL.—For purposes of para- ‘‘SEC. 4. ADDITIONAL DEFINITIONS. substantially limits a major life activity is graph (1), major life activities include, but ‘‘As used in this Act: to be determined with reference to the ame- are not limited to, caring for oneself, per- ‘‘(1) AUXILIARY AIDS AND SERVICES.—The liorative effects of mitigating measures; forming manual tasks, seeing, hearing, eat- term ‘auxiliary aids and services’ includes— (3) to reject the Supreme Court’s reasoning ing, sleeping, walking, standing, lifting, ‘‘(A) qualified interpreters or other effec- in Sutton v. United Air Lines, Inc., 527 U.S. bending, speaking, breathing, learning, read- tive methods of making aurally delivered 471 (1999) with regard to coverage under the ing, concentrating, thinking, commu- materials available to individuals with hear- third prong of the definition of disability and nicating, and working. ing impairments; to reinstate the reasoning of the Supreme ‘‘(B) MAJOR BODILY FUNCTIONS.—For pur- ‘‘(B) qualified readers, taped texts, or other Court in School Board of Nassau County v. poses of paragraph (1), a major life activity effective methods of making visually deliv- Arline, 480 U.S. 273 (1987) which set forth a also includes the operation of a major bodily ered materials available to individuals with broad view of the third prong of the defini- function, including but not limited to, func- visual impairments; tion of handicap under the Rehabilitation tions of the immune system, normal cell ‘‘(C) acquisition or modification of equip- Act of 1973; growth, digestive, bowel, bladder, neuro- ment or devices; and (4) to reject the standards enunciated by logical, brain, respiratory, circulatory, endo- ‘‘(D) other similar services and actions. the Supreme Court in Toyota Motor Manu- crine, and reproductive functions. ‘‘(2) STATE.—The term ‘State’ means each facturing, Kentucky, Inc. v. Williams, 534 ‘‘(3) REGARDED AS HAVING SUCH AN IMPAIR- of the several States, the District of Colum- U.S. 184 (2002), that the terms ‘‘substan- MENT.—For purposes of paragraph (1)(C): bia, the Commonwealth of Puerto Rico, tially’’ and ‘‘major’’ in the definition of dis- ‘‘(A) An individual meets the requirement Guam, American Samoa, the Virgin Islands ability under the ADA ‘‘need to be inter- of ‘being regarded as having such an impair- of the United States, the Trust Territory of preted strictly to create a demanding stand- ment’ if the individual establishes that he or the Pacific Islands, and the Commonwealth ard for qualifying as disabled,’’ and that to she has been subjected to an action prohib- of the Northern Mariana Islands.’’. be substantially limited in performing a ited under this Act because of an actual or (c) AMENDMENT TO THE TABLE OF CON- major life activity under the ADA ‘‘an indi- perceived physical or mental impairment TENTS.—The table of contents contained in vidual must have an impairment that pre- whether or not the impairment limits or is section 1(b) of the Americans with Disabil- vents or severely restricts the individual perceived to limit a major life activity. ities Act of 1990 is amended by striking the from doing activities that are of central im- ‘‘(B) Paragraph (1)(C) shall not apply to item relating to section 3 and inserting the portance to most people’s daily lives’’; impairments that are transitory and minor. following items: (5) to convey congressional intent that the A transitory impairment is an impairment standard created by the Supreme Court in with an actual or expected duration of 6 ‘‘Sec. 3. Definition of disability. the case of Toyota Motor Manufacturing, months or less. ‘‘Sec. 4. Additional definitions.’’. Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) ‘‘(4) RULES OF CONSTRUCTION REGARDING SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- for ‘‘substantially limits’’, and applied by THE DEFINITION OF DISABILITY.—The defini- ABILITY. lower courts in numerous decisions, has cre- tion of ‘disability’ in paragraph (1) shall be (a) ON THE BASIS OF DISABILITY.—Section ated an inappropriately high level of limita- construed in accordance with the following: 102 of the Americans with Disabilities Act of tion necessary to obtain coverage under the ‘‘(A) The definition of disability in this Act 1990 (42 U.S.C. 12112) is amended— ADA, to convey that it is the intent of Con- shall be construed in favor of broad coverage (1) in subsection (a), by striking ‘‘with a gress that the primary object of attention in of individuals under this Act, to the max- disability because of the disability of such cases brought under the ADA should be imum extent permitted by the terms of this individual’’ and inserting ‘‘on the basis of whether entities covered under the ADA Act. disability’’; and have complied with their obligations, and to ‘‘(B) The term ‘substantially limits’ shall (2) in subsection (b) in the matter pre- convey that the question of whether an indi- be interpreted consistently with the findings ceding paragraph (1), by striking ‘‘discrimi- vidual’s impairment is a disability under the and purposes of the ADA Amendments Act of nate’’ and inserting ‘‘discriminate against a ADA should not demand extensive analysis; 2008. qualified individual on the basis of dis- and ‘‘(C) An impairment that substantially ability’’. (6) to express Congress’ expectation that limits one major life activity need not limit (b) QUALIFICATION STANDARDS AND TESTS the Equal Employment Opportunity Com- other major life activities in order to be con- RELATED TO UNCORRECTED VISION.—Section mission will revise that portion of its cur- sidered a disability. 103 of the Americans with Disabilities Act of rent regulations that defines the term ‘‘sub- ‘‘(D) An impairment that is episodic or in 1990 (42 U.S.C. 12113) is amended by redesig- stantially limits’’ as ‘‘significantly re- remission is a disability if it would substan- nating subsections (c) and (d) as subsections stricted’’ to be consistent with this Act, in- tially limit a major life activity when ac- (d) and (e), respectively, and inserting after cluding the amendments made by this Act. tive. subsection (b) the following new subsection:

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7959 ‘‘(c) QUALIFICATION STANDARDS AND TESTS the items relating to sections 507 through began more than a year ago with intro- RELATED TO UNCORRECTED VISION.—Notwith- 515, respectively, and by inserting after the duction of the ADA Restoration Act standing section 3(4)(E)(ii), a covered entity item relating to section 505 the following and continued with passage last month shall not use qualification standards, em- new item: of the House ADA Amendments Act. I ployment tests, or other selection criteria ‘‘Sec. 506. Rule of construction regarding am glad to say that it enjoys the sup- based on an individual’s uncorrected vision regulatory authority.’’. port of the broad coalitions of dis- unless the standard, test, or other selection SEC. 7. CONFORMING AMENDMENTS. criteria, as used by the covered entity, is Section 7 of the Rehabilitation Act of 1973 ability and business groups that have shown to be job-related for the position in (29 U.S.C. 705) is amended— provided valuable input and analysis question and consistent with business neces- (1) in paragraph (9)(B), by striking ‘‘a phys- along the way. It also takes steps to sity.’’. ical’’ and all that follows through ‘‘major address concerns expressed by the edu- (c) CONFORMING AMENDMENTS.— life activities’’, and inserting ‘‘the meaning cation community. While the problems (1) Section 101(8) of the Americans with given it in section 3 of the Americans with this legislation addresses arose in the Disabilities Act of 1990 (42 U.S.C. 12111(8)) is Disabilities Act of 1990 (42 U.S.C. 12102)’’; and employment arena, the solution this amended— (2) in paragraph (20)(B), by striking ‘‘any legislation represents will certainly (A) in the paragraph heading, by striking person who’’ and all that follows through the ‘‘WITH A DISABILITY’’; and period at the end, and inserting ‘‘any person impact the education arena. (B) by striking ‘‘with a disability’’ after who has a disability as defined in section 3 of Finally, let me say that like the ‘‘individual’’ both places it appears. the Americans with Disabilities Act of 1990 original ADA, this bill is the result of (2) Section 104(a) of the Americans with (42 U.S.C. 12102).’’. negotiation and compromise on all Disabilities Act of 1990 (42 U.S.C. 12114(a)) is SEC. 8. EFFECTIVE DATE. sides. That is the nature of the legisla- amended by striking ‘‘the term ‘qualified in- This Act and the amendments made by tive process and the more important dividual with a disability’ shall’’ and insert- this Act shall become effective on January 1, the goal, the greater the effort to con- ing ‘‘a qualified individual with a disability 2009. tinue the process until we reach a good shall’’. Mr. HATCH. Mr. President, I am result. We have done that here and I SEC. 6. RULES OF CONSTRUCTION. proud to rise today, as I did 18 years hope and trust that when this legisla- (a) Title V of the Americans with Disabil- ago, and stand beside my good friend tion passes here and in the other body ities Act of 1990 (42 U.S.C. 12201 et seq.) is from Iowa, Senator HARKIN, to intro- amended— that the margin of the votes will re- (1) by adding at the end of section 501 the duce legislation advancing opportuni- flect the breadth of the consensus be- following: ties for our disabled fellow citizens. hind this new effort to advance oppor- ‘‘(e) BENEFITS UNDER STATE WORKER’S COM- Our commitment to that cause never tunities for the disabled to participate PENSATION LAWS.—Nothing in this Act alters ends. We must always remain open to in all that this great country has to the standards for determining eligibility for learn from experience, to observe and offer. benefits under State worker’s compensation evaluate how laws we put on the books laws or under State and Federal disability work in practice, and to be ready to do By Mr. BURR (for himself, Mr. benefit programs. our part with appropriate legislation. WICKER, Mr. ALEXANDER, and ‘‘(f) FUNDAMENTAL ALTERATION.—Nothing We are doing our part today by intro- Mr. INHOFE): in this Act alters the provision of section S. 3407. A bill to amend title 10, 302(b)(2)(A)(ii), specifying that reasonable ducing the ADA Amendments Act. modifications in policies, practices, or proce- The Americans with Disabilities Act United States Code, to authorize com- dures shall be required, unless an entity can is perhaps the most comprehensive manders of wounded warrior battalions demonstrate that making such modifications piece of civil rights legislation we have to accept charitable gifts on behalf of in policies, practices, or procedures, includ- ever enacted. It prohibits discrimina- the wounded members of the Armed ing academic requirements in postsecondary tion based on present, past, or per- Forces assigned to such battalions; to education, would fundamentally alter the ceived disabilities. It affirmatively re- the Committee on Armed Services. nature of the goods, services, facilities, quires accommodations in the work- Mr. BURR. Mr. President, in the privileges, advantages, or accommodations place and modifications and assistance years since the War on Terror began, involved. to ensure that persons with disabilities we have seen the creation of new ‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in Wounded Warrior Battalions and War- this Act shall provide the basis for a claim can access and enjoy places of public by an individual without a disability that accommodation. That combination of rior Transition Battalions in the Ma- the individual was subject to discrimination the negative prohibition and the af- rines and the Army. These units were because of the individual’s lack of disability. firmative obligation makes the ADA built from the ground up with one pur- ‘‘(h) REASONABLE ACCOMMODATIONS AND truly unique and able to make such a pose in mind: to ensure that seriously MODIFICATIONS.—A covered entity under title positive contribution to the lives of so wounded service members receive the I, a public entity under title II, and any per- many across our great Nation. medical care and benefits that they son who owns, leases (or leases to), or oper- This legislation responds to Supreme have earned. The service personnel who ates a place of public accommodation under Court decisions that have had the ef- command and administer these units title III, need not provide a reasonable ac- are some of the most competent and commodation or a reasonable modification fect of narrowing the ADA’s definition to policies, practices, or procedures to an in- of disability and thereby restricting its dedicated professionals in our armed dividual who meets the definition of dis- coverage. Its goal is to once again forces, and they deserve our praise. ability in section 3(1) solely under subpara- broaden the definition of disability in a These professionals have done much graph (C) of such section.’’; way that maximizes bipartisan con- to improve the quality of care that is (2) by redesignating section 506 through 514 sensus and minimizes unintended con- given to our Nation’s wounded service as sections 507 through 515, respectively, and sequences. I am sure that my friend members, but many of the young men adding after section 505 the following: from Iowa, Senator HARKIN, joins me in and women who find themselves as- ‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING thanking so many people and organiza- signed to a Wounded Warrior Battalion REGULATORY AUTHORITY. tions who have been part of this proc- still face a tough journey on their road ‘‘The authority to issue regulations grant- to recovery. Thankfully, the challenges ed to the Equal Employment Opportunity ess, offering countless suggestions and Commission, the Attorney General, and the ideas and input about how to achieve that these men and women face rarely Secretary of Transportation under this Act this goal. go unnoticed in their communities. includes the authority to issue regulations This effort has been neither simple Over the past several years we have implementing the definitions of disability in nor easy. Because the ADA is such a heard countless stories of private citi- section 3 (including rules of construction) comprehensive statute, virtually any zens, church congregations and other and the definitions in section 4, consistent change we make can have effects in community groups stepping forward to with the ADA Amendments Act of 2008.’’; and areas beyond where a problem might donate their time, money and other (3) in section 511 (as redesignated by para- have occurred. In addition, Members on charitable gifts to our wounded service graph (2)) (42 U.S.C. 12211), in subsection (c), both sides of the aisle, with liberal or personnel. It is not uncommon to hear by striking ‘‘511(b)(3)’’ and inserting ‘‘512(b)(3)’’. conservative perspectives, equally about donations of $10,000 or more (b) The table of contents contained in sec- want to help the disabled but have very being offered to help provide additional tion 1(b) of the Americans with Disabilities different views about how to do it. resources to help our wounded recover. Act of 1990 is amended by redesignating the And so the bill we introduce today is Unfortunately, the military’s gift-ac- items relating to sections 506 through 514 as really the third phase in a process that ceptance rules have not been updated

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00155 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7960 CONGRESSIONAL RECORD — SENATE July 31, 2008 to take into account the generosity of other goods—anything from cars to seminating the findings of the research the American people. For example, if a computers—use information to com- in ways that patients and providers can North Carolinian wished to provide a pare the value of the different products understand. gift of just over $12,000 to the Wounded before they purchase. Physicians and The Institute would be required to Warrior Battalion at Camp Lejeune, patients deserve better. We should de- assess the full spectrum of health the acceptance paperwork for this do- vote more than 1⁄10 of 1 percent of interventions, including pharma- nation would spend months working its health spending to study how well ceuticals, medical devices, medical way through a complicated bureauc- health goods and services actually procedures, medical services, and other racy before finally arriving on the desk work. therapies. This type of research is of the Commandant of the Marine Rapid innovation has led to an ever- often called ‘‘comparative effectiveness Corps. Our taxpayers and our wounded changing array of new and sometimes research,’’ because it evaluates and veterans are not being served very well expensive technologies. The age of per- compares the clinical effect of alter- when gifts of such a small dollar sonalized medicine and genetic engi- native medical treatments. This type amount must be approved at the very neering will provide even more choices of research provides better quality evi- highest levels of command. for patients and their physicians. In- dence concerning the best treatment, That is why I am introducing the deed, patients and physicians can face prevention, and management of the Friends of Wounded Warriors Act. This great difficulty in choosing among health conditions. Most importantly, legislation will streamline the gift-ac- treatment options. this type of research helps patients, ceptance process by empowering the But much of the information about providers, and payers of health care to commanders of Wounded Warrior Bat- those options is biased. Much informa- make more informed decisions. talions and similar units with the au- tion about those options is of poor While many experts have called for thority to accept charitable gifts of up quality. And for many treatments, creation of a new entity, they do not to $100,000 for the benefit of the mem- there are large gaps in what is known specify how the entity should be struc- bers of their unit. This will enable to be most effective. tured. This bill would create a private, these commanders to cut through the With a paucity of sound evidence, nonprofit institute rather than a new red tape that is currently the cause of clinical guidelines and treatment pro- entity within the executive branch or needless delay in getting extra re- tocols can vary widely. If there has legislative. Keeping it private would sources to our wounded service men ever been a need for better informa- remove the potential for political in- and women. I hope you will join me in tion—on what works, for which pa- fluence on the development of national making a commitment to ensure that tients, under which circumstances—it research priorities. Comparative effec- out-dated processes for accepting gifts is in this age of rapid innovation of tiveness research will be more credible, do not stand in the way of the gen- technology. and more useful, if it is done independ- erosity of concerned citizens and com- Several august bodies—including the ently of political influence and with munities seeking to contribute to the Institute of Medicine, the Medicare broad stakeholder input. care of our wounded and ill service Payment Advisory Commission, and This bill includes stringent require- members. the Congressional Budget Office—have ments for public input, transparency of called on Congress to create a national process and findings, and integrity of By Mr. BAUCUS (for himself and entity charged with conducting re- the research. For example, the Insti- Mr. CONRAD): search to determine what works in tute would be required to publish its S. 3408. A bill to amend title XI of the health care. rules, proceedings, and reports on a Social Security Act to provide for the Today, I am proud to introduce the public Internet site. Its meetings would conduct of comparative effectiveness Comparative Effectiveness Research be open to the public. It would be re- research and to amend the Internal Act of 2008. I am joined by the Chair- quired to provide public comment peri- Revenue Code of 1986 to establish a man of the Budget Committee, Senator ods at key stages, in addition to open Comparative Effectiveness Research CONRAD. He and I share a deep concern forums to solicit and obtain public Trust Fund, and for other purposes; to about rising health care costs. And we input on the Institute’s activities. the Committee on Finance. share a deep commitment to finding This bill would also require account- Mr. BAUCUS. Mr. President, in 2006, ways to address it. ability and government oversight of fi- America spent more than $2 trillion on This bill does what the experts sug- nances and the mission. The Institute health care. By any standard, $2 tril- gest. It would create a new entity re- would be subject to annual financial lion is an enormous figure. Health care sponsible for generating better infor- audits. And the Comptroller General accounts for 16 percent of our Nation’s mation on the effectiveness of health would perform periodic audits of the economy. That means that for every care treatments. activities of the Institute to ensure $100 in goods and services produced and Specifically, the bill would create a that the Institute would meet its stat- consumed in America in 2006, $16 were nonprofit corporation responsible for utory mission and would do so in a fair, for health care. And the health care setting national priorities for compara- open, and credible way. share of the economy is expected to tive effectiveness research. The cor- Finally, this bill would provide a sta- reach 20 percent in just 10 years. poration, which would be called the ble source of funding for the Institute. These projections are cause for con- Health Care Comparative Effectiveness For the first 3 years, general revenues cern. If so much of our Nation’s re- Research Institute, would be a private would be used to start up the Institute. sources are devoted to heath care, we entity. But it would be governed by a In the 4th year, funding would move to need to ask ourselves what we are—or public-private sector Board of Gov- an all-payer system—from both public are not—getting for it. ernors. It would not be an agency of and private sources. Annual contribu- The answer is that we are getting a the Federal Government. tions would be made from the Medicare mixed bag of goods. Some patients re- In addition to setting national prior- Trust Funds, from revenues generated ceive medical treatments that work ities, the Institute would provide for by a fee on private health insurance well. Some patients receive treatments the conduct of research studies that policies, and from general revenues. that don’t work well. In many cases, answer the most pressing questions The work of the new Institute would doctors and patients don’t have enough about what works in health care. The benefit Americans who receive health reliable evidence to know whether Institute would have the authority to care through the public and private treatments work or don’t. contract with experienced Federal sources. Therefore, public and private Of the $2 trillion spent on health in agencies, such as the Agency for sources should contribute to this type 2006, only 1⁄10 of 1 percent was spent to Healthcare Research and Quality, or of research. The private insurance fee assess what works and what doesn’t. At AHRQ, and the National Institutes for would be $1 per insured person per the Federal level, only $15 million was Health, or NIH, or with private re- year. Funding from Medicare would directly appropriated to compare the searchers if appropriate, for the con- also be $1 per beneficiary per year. effectiveness of health interventions duct of the actual research. The Insti- All sources of funding for the Insti- and services. People who purchase tute would also be charged with dis- tute would sunset after 10 years. That

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00156 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7961 way, Congress could review a report be known as the ‘‘Health Care Comparative paragraph (9), using methods, including the from the Comptroller General on the Effectiveness Research Institute’’ which is following: value of the research to the public and neither an agency nor establishment of the ‘‘(i) Systematic reviews and assessments of private insurance sectors. Total fund- United States Government. existing research and evidence. ‘‘(2) APPLICATION OF PROVISIONS.—The In- ‘‘(ii) Clinical research, such as randomized ing for the first year would be $5 mil- stitute shall be subject to the provisions of controlled trials and observational studies. lion, and funding would increase to $300 this section, and, to the extent consistent ‘‘(iii) Any other methodologies rec- million a year by the year 2013. with this section, to the District of Columbia ommended by the methodology committee It is high time that America invested Nonprofit Corporation Act. established under paragraph (6) that are more than a fraction of a percent to ‘‘(3) FUNDING OF COMPARATIVE EFFECTIVE- adopted by the Board under paragraph (9). generate knowledge about what works NESS RESEARCH.—For fiscal year 2009 and ‘‘(B)(i) CONTRACTS WITH FEDERAL AGENCIES in health care, to improve the effi- each subsequent fiscal year, amounts in the AND INSTRUMENTALITIES.—The Institute shall give preference to agencies and instrumen- ciency and the quality of our health Comparative Effectiveness Research Trust Fund (referred to in this section as the talities of the Federal Government that have care system, and to give patients and ‘CERTF’) under section 9511 of the Internal experience in conducting comparative clin- doctors better information to make Revenue Code of 1986 shall be available, with- ical effectiveness research, such as the Agen- treatment decisions. It is high time out further appropriation, to the Institute to cy for Healthcare Research and Quality, that we built a foundation of evidence carry out this section. when entering into contracts for the man- for the trillions of dollars spent on ‘‘(c) PURPOSE.—The purpose of the Insti- agement and conduct of research in accord- health in America each year. tute is to improve health care delivered to ance with the research project agenda estab- individuals in the United States by advanc- lished under paragraph (1)(B), to the extent Mr. President, I ask unanimous con- that such contracts are authorized under the sent that the text of the bill be printed ing the quality and thoroughness of evidence concerning the manner in which diseases, governing statutes of such agencies and in- in the RECORD. strumentalities. There being no objection, the text of disorders, and other health conditions can ef- fectively and appropriately be prevented, di- ‘‘(ii) CONTRACTS WITH OTHER ENTITIES.—The Institute may enter into contracts with ap- the bill was ordered to be printed in agnosed, treated, and managed clinically propriate private sector research or study- the RECORD, as follows: through research and evidence synthesis, and conducting entities for the conduct of re- S. 3408 the dissemination of research findings with search described in clause (i). respect to the relative outcomes, effective- Be it enacted by the Senate and House of Rep- ‘‘(iii) CONDITIONS FOR CONTRACTS.—A con- ness, and appropriateness of the medical resentatives of the United States of America in tract entered into under this subparagraph treatments, services, and items described in Congress assembled, shall require that the agency, instrumen- subsection (a)(2)(B). SECTION 1. SHORT TITLE. tality, or other entity— This Act may be cited as the ‘‘Comparative ‘‘(d) DUTIES.— ‘‘(I) abide by the transparency and con- Effectiveness Research Act of 2008’’. ‘‘(1) IDENTIFYING RESEARCH PRIORITIES AND flicts of interest requirements that apply to ESTABLISHING RESEARCH PROJECT AGENDA.— SEC. 2. COMPARATIVE EFFECTIVENESS RE- the Institute with respect to the research SEARCH. ‘‘(A) IDENTIFYING RESEARCH PRIORITIES.— managed or conducted under such contract; (a) IN GENERAL.—Title XI of the Social Se- The Institute shall identify national prior- ‘‘(II) comply with the methodological curity Act (42 U.S.C. 1301 et seq.) is amended ities for comparative clinical effectiveness standards adopted under paragraph (9) with by adding at the end the following new part: research, taking into account factors, in- respect to such research; and cluding— ‘‘(III) take into consideration public com- ‘‘PART D—COMPARATIVE EFFECTIVENESS ‘‘(i) disease incidence, prevalence, and bur- RESEARCH ments on the study design that are trans- den in the United States; mitted by the Institute to the agency, in- ‘‘COMPARATIVE EFFECTIVENESS RESEARCH ‘‘(ii) evidence gaps in terms of clinical out- strumentality, or other entity under sub- ‘‘SEC. 1181. (a) DEFINITIONS.—In this sec- comes; section (i)(1)(B) during the finalization of the tion: ‘‘(iii) practice variations, including vari- study design and transmit responses to such ‘‘(1) BOARD.—The term ‘Board’ means the ations in delivery and outcomes by geog- comments to the Institute, which will pub- Board of Governors established under sub- raphy, treatment site, provider type, and pa- lish such comments, responses, and finalized section (f). tient subgroup; study design in accordance with subsection ‘‘(2) COMPARATIVE CLINICAL EFFECTIVENESS ‘‘(iv) the potential for new evidence con- (i)(3)(A)(iii) prior to the conduct of such re- RESEARCH.— cerning certain categories of health care search. ‘‘(A) IN GENERAL.—The term ‘comparative services or treatments to improve patient ‘‘(iv) COVERAGE OF COPAYMENTS OR COINSUR- clinical effectiveness research’ means re- health and well-being, and the quality of ANCE.—A contract entered into under this search evaluating and comparing the clinical care; and subparagraph may allow for the coverage of effectiveness, risks, and benefits of 2 or more ‘‘(v) the effect or potential for an effect on copayments or co-insurance, or allow for medical treatments, services, and items de- health expenditures associated with a health other appropriate measures, to the extent scribed in subparagraph (B). condition or the use of a particular medical that such coverage or other measures are ‘‘(B) MEDICAL TREATMENTS, SERVICES, AND treatment, service, or item. necessary to preserve the validity of a re- ITEMS DESCRIBED.—The medical treatments, ‘‘(B) ESTABLISHING RESEARCH PROJECT search project, such as in the case where the services, and items described in this subpara- AGENDA.— research project must be blinded. graph are health care interventions, proto- ‘‘(i) IN GENERAL.—The Institute shall estab- ‘‘(C) REVIEW AND UPDATE OF EVIDENCE.— cols for treatment, procedures, medical de- lish and update a research project agenda to The Institute shall review and update evi- vices, diagnostic tools, pharmaceuticals (in- address the priorities identified under sub- dence on a periodic basis, in order to take cluding drugs and biologicals), and any other paragraph (A), taking into consideration the into account new research and evolving evi- processes or items being used in the treat- types of research that might address each dence as they become available, as appro- ment and diagnosis of, or prevention of ill- priority and the relative value (determined priate. ness or injury in, patients. based on the cost of conducting such re- ‘‘(D) TAKING INTO ACCOUNT POTENTIAL DIF- ‘‘(3) COMPARATIVE EFFECTIVENESS RE- search compared to the potential usefulness FERENCES.—Research shall— SEARCH.—The term ‘comparative effective- of the information produced by such re- ‘‘(i) be designed, as appropriate, to take ness research’ means research evaluating search) associated with such different types into account the potential for differences in and comparing the implications and out- of research, and such other factors as the In- the effectiveness of health care treatments, comes of 2 or more health care strategies to stitute determines appropriate. services, and items as used with various sub- address a particular medical condition. ‘‘(ii) CONSIDERATION OF NEED TO CONDUCT A populations, such as racial and ethnic mi- ‘‘(4) CONFLICTS OF INTEREST.—The term SYSTEMATIC REVIEW.—In establishing and up- norities, women, different age groups, and ‘conflicts of interest’ means associations, in- dating the research project agenda under individuals with different comorbidities; and cluding financial and personal, that may be clause (i), the Institute shall consider the ‘‘(ii) seek to include members of such sub- reasonably assumed to have the potential to need to conduct a systematic review of exist- populations as subjects in the research as bias an individual’s decisions in matters re- ing research before providing for the conduct feasible and appropriate. lated to the Institute or the conduct of ac- of new research under paragraph (2)(A). ‘‘(3) STUDY AND REPORT ON FEASIBILITY OF tivities under this section. ‘‘(2) CARRYING OUT RESEARCH PROJECT AGEN- CONDUCTING RESEARCH IN-HOUSE.— ‘‘(5) INSTITUTE.—The term ‘Institute’ DA.— ‘‘(A) STUDY.—The Institute shall conduct a means the ‘Health Care Comparative Effec- ‘‘(A) COMPARATIVE CLINICAL EFFECTIVENESS study on the feasibility of conducting re- tiveness Research Institute’ established RESEARCH.—In carrying out the research search in-house. under subsection (b)(1). project agenda established under paragraph ‘‘(B) REPORT.—Not later than 5 years after ‘‘(b) HEALTH CARE COMPARATIVE EFFEC- (1)(B), the Institute shall provide for the con- the date of enactment of this section, the In- TIVENESS RESEARCH INSTITUTE.— duct of appropriate research and the syn- stitute shall submit a report to Congress ‘‘(1) ESTABLISHMENT.—There is authorized thesis of evidence, in accordance with the containing the results of the study con- to be established a nonprofit corporation, to methodological standards adopted under ducted under subparagraph (A).

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‘‘(4) DATA COLLECTION.— ‘‘(I) Methods by which various aspects of ‘‘(i) shall convey findings of research so ‘‘(A) IN GENERAL.—The Secretary shall, the health care delivery system (such as ben- that they are comprehensible and useful to with appropriate safeguards for privacy, efit design and performance, and health serv- patients and providers in making health care make available to the Institute such data ices organization, management, and deliv- decisions; collected by the Centers for Medicare & Med- ery) could be assessed and compared for their ‘‘(ii) shall discuss findings and other con- icaid Services under the programs under ti- relative effectiveness, benefits, risks, advan- siderations specific to certain subpopula- tles XVIII, XIX, and XXI as the Institute tages, and disadvantages in a scientifically tions, risk factors, and comorbidities, as ap- may require to carry out this section. The valid and standardized way. propriate; Institute may also request and, if such re- ‘‘(II) Methods by which cost-effectiveness ‘‘(iii) shall include considerations such as quest is granted, obtain data from Federal, and value could be assessed in a scientif- limitations of research and what further re- State, or private entities. ically valid and standardized way. search may be needed, as appropriate; ‘‘(B) USE OF DATA.—The Institute shall ‘‘(D) CONSULTATION AND CONDUCT OF EXAMI- ‘‘(iv) shall not include practice guidelines only use data provided to the Institute under NATIONS.— or policy recommendations; and subparagraph (A) in accordance with laws ‘‘(i) IN GENERAL.—Subject to clause (iii), in ‘‘(v) shall not include any data the dissemi- and regulations governing the release and undertaking the activities described in sub- nation of which would violate the privacy of use of such data, including applicable con- paragraph (C), the methodology committee research participants or violate any con- fidentiality and privacy standards. shall— fidentiality agreements made with respect to ‘‘(5) APPOINTING ADVISORY PANELS.— ‘‘(I) consult or contract with 1 or more of the use of data under this section. ‘‘(A) IN GENERAL.—The Institute may ap- the entities described in clause (ii); and ‘‘(B) DISSEMINATION PROTOCOLS AND STRAT- point permanent or ad hoc advisory panels as ‘‘(II) consult with stakeholders and other EGIES.—The Institute shall develop protocols determined appropriate by the Institute to entities knowledgeable in relevant fields, as and strategies for the appropriate dissemina- assist in the establishment and carrying out appropriate. tion of research findings in order to ensure of the research project agenda under para- ‘‘(ii) ENTITIES DESCRIBED.—The following effective communication of such findings graphs (1) and (2), respectively. Panels may entities are described in this clause: and the use and incorporation of such find- advise or guide the Institute in matters such ‘‘(I) The Institute of Medicine of the Na- ings into relevant activities for the purpose as identifying gaps in and updating medical tional Academies. of informing higher quality and more effec- evidence and identifying research priorities ‘‘(II) The Agency for Healthcare Research tive and efficient decisions regarding med- and potential study designs in order to en- and Quality. ical treatments, services, and items. In de- sure that the information produced from ‘‘(III) The National Institutes of Health. veloping and adopting such protocols and such research is clinically relevant to deci- ‘‘(iii) CONDUCT OF EXAMINATIONS.—The strategies, the Institute shall consult with sions made by clinicians and patients at the methodology committee shall contract with stakeholders concerning the types of dis- point of care and may provide advice the Institute of Medicine of the National semination that will be most useful to the throughout the conduct of research. Academies for the conduct of the examina- end users of the information and may pro- ‘‘(B) COMPOSITION.—An advisory panel ap- tions described in subclauses (I) and (II) of vide for the utilization of multiple formats pointed under subparagraph (A) shall include subparagraph (C)(ii). for conveying findings to different audiences. representatives of clinicians and patients ‘‘(E) REPORTS.—The methodology com- ‘‘(C) DEFINITION OF RESEARCH FINDINGS.—In and may include experts in scientific and mittee shall submit reports to the Board on this paragraph, the term ‘research findings’ health services research, health services de- the committee’s performance of the func- means the results of a study, appraisal, or livery, and the manufacture of health items tions described in subparagraph (C). Reports assessment. who have experience in the relevant topic, submitted under the preceding sentence with ‘‘(9) ADOPTION.—Subject to subsection project, or category for which the panel is respect to the functions described in clause (i)(1)(A)(i), the Institute shall adopt the na- established. (i) of such subparagraph shall contain rec- tional priorities identified under paragraph ‘‘(6) ESTABLISHING METHODOLOGY COM- ommendations— (1)(A), the research project agenda estab- MITTEE.— ‘‘(i) for the Institute to adopt methodo- lished under paragraph (1)(B), the methodo- ‘‘(A) IN GENERAL.—The Institute shall es- logical standards developed and updated by logical standards developed and updated by tablish a standing methodology committee the methodology committee under such sub- the methodology committee under para- to carry out the functions described in sub- paragraph; and graph (6)(C)(i), any peer-review process pro- paragraph (C). ‘‘(ii) for such other action as the method- vided under paragraph (7), and dissemination ‘‘(B) APPOINTMENT AND COMPOSITION.— ology committee determines is necessary to protocols and strategies developed under Members shall be appointed to the method- comply with such methodological standards. paragraph (8)(B) by majority vote. In the ology committee established under subpara- ‘‘(7) PROVIDING FOR A PEER-REVIEW PROC- case where the Institute does not adopt such graph (A) by the Comptroller General of the ESS.— national priorities, research project agenda, United States. Members appointed to the ‘‘(A) IN GENERAL.—The Institute shall en- methodological standards, peer-review proc- methodology committee shall be experts in sure that there is a process for peer review of ess, or dissemination protocols and strate- their scientific field, such as health services the research conducted under this section. gies in accordance with the preceding sen- research, clinical research, comparative ef- Under such process— tence, the national priorities, research fectiveness research, biostatistics, and re- ‘‘(i) evidence from research conducted project agenda, methodological standards, search methodologies. Stakeholders with under this section shall be reviewed to assess peer-review process, or dissemination proto- such expertise may be appointed to the scientific integrity and adherence to meth- cols and strategies shall be referred to the methodology committee. odological standards adopted under para- appropriate staff or entity within the Insti- ‘‘(C) FUNCTIONS.—Subject to subparagraph graph (9); and tute (or, in the case of the methodological (D), the methodology committee shall work ‘‘(ii) a list of the names of individuals con- standards, the methodology committee) for to develop and improve the science of com- tributing to any peer-review process during further review. parative effectiveness research by under- the preceding year or years shall be made ‘‘(10) COORDINATION OF RESEARCH AND RE- taking the following activities: public and included in annual reports in ac- SOURCES AND BUILDING CAPACITY FOR RE- ‘‘(i) Not later than 1 year after the date on cordance with paragraph (11)(D). SEARCH.— which the members of the methodology com- ‘‘(B) COMPOSITION.—Such peer-review proc- ‘‘(A) COORDINATION OF RESEARCH AND RE- mittee are appointed under subparagraph ess shall have been designed in a manner so SOURCES.—The Institute shall coordinate re- (B), developing and periodically updating as to avoid bias and conflicts of interest on search conducted, commissioned, or other- methodological standards regarding out- the part of the reviewers and shall be com- wise funded under this section with compara- comes measures, risk adjustment, statistical posed of experts in the scientific field rel- tive clinical effectiveness and other relevant protocols, evaluation of evidence, conduct of evant to the research under review. research and related efforts conducted by research, and other aspects of research and ‘‘(C) USE OF EXISTING PROCESSES.—In the public and private agencies and organiza- assessment to be used when conducting re- case where the Institute enters into a con- tions in order to ensure the most efficient search on comparative clinical effectiveness tract or other agreement with another enti- use of the Institute’s resources and that re- (and procedures for the use of such stand- ty for the conduct or management of re- search is not duplicated unnecessarily. ards) in order to help ensure accurate and ef- search under this section, the Institute may ‘‘(B) BUILDING CAPACITY FOR RESEARCH.— fective comparisons. Such standards shall utilize the peer-review process of such entity The Institute may build capacity for com- also include methods by which new informa- if such process meets the requirements under parative clinical effectiveness research and tion, data, or advances in technology are subparagraphs (A) and (B). other relevant research and related efforts considered and incorporated into ongoing re- ‘‘(8) DISSEMINATION OF RESEARCH FIND- through appropriate activities, such as mak- search projects by the Institute, as appro- INGS.— ing payments, up to 5 percent of the amounts priate. In developing and updating methodo- ‘‘(A) IN GENERAL.—The Institute shall dis- appropriated or credited to the CERTF under logical standards under this clause, the seminate research findings to clinicians, pa- section 9511(b) of the Internal Revenue Code methodology committee shall ensure that tients, and the general public in accordance of 1986 with respect to the fiscal year, to The such standards are scientifically based. with the dissemination protocols and strate- Cochrane Collaboration (or a successor orga- ‘‘(ii) Not later than 5 years after such date, gies adopted under paragraph (9). Research nization) to support the infrastructure of examining the following: findings disseminated— The Cochrane Collaboration (or a successor

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7963 organization) or to provide for sets of re- ‘‘(iii) 3 members representing agencies that which such member’s term has expired, views related to a particular topic or associ- administer public programs, as follows: whichever is earlier. ated with a particular review group. ‘‘(I) 1 member representing the Centers for ‘‘(D) VACANCIES.— ‘‘(C) INCLUSION IN ANNUAL REPORTS.—The Medicare & Medicaid Services who has expe- ‘‘(i) IN GENERAL.—Any member appointed Institute shall report on any coordination rience in administering the program under to fill a vacancy prior to the expiration of and capacity building conducted under this title XVIII. the term for which such member’s prede- paragraph in annual reports in accordance ‘‘(II) 1 member representing agencies that cessor was appointed shall be appointed for with paragraph (11)(E). administer State health programs (who may the remainder of such term. ‘‘(11) ANNUAL REPORTS.—The Institute shall represent the Centers for Medicare & Med- ‘‘(ii) VACANCIES NOT TO AFFECT POWER OF submit an annual report to Congress and the icaid Services and have experience in admin- BOARD.—A vacancy on the Board shall not af- President, and shall make the annual report istering the program under title XIX or the fect its powers, but shall be filled in the available to the public. Such report shall program under title XXI or be a governor of same manner as the original appointment contain— a State). was made. ‘‘(A) a description of the activities con- ‘‘(III) 1 member representing agencies that ‘‘(4) CHAIRPERSON AND VICE-CHAIRPERSON.— ducted under this section during the pre- administer other Federal health programs ‘‘(A) IN GENERAL.—The Comptroller Gen- ceding year, including the use of amounts (such as a health program of the Department eral of the United States shall designate a appropriated or credited to the CERTF under of Defense under chapter 55 of title 10, Chairperson and Vice-Chairperson of the section 9511(b) of the Internal Revenue Code United States Code, the Federal employees Board from among the members of the Board of 1986 to carry out this section, research health benefits program under chapter 89 of appointed under paragraph (1)(D). projects completed and underway, and a title 5 of such Code, a health program of the ‘‘(B) TERM.—The members so designated summary of the findings of such projects; Department of Veterans Affairs under chap- shall serve as Chairperson and Vice-Chair- ‘‘(B) the research project agenda and budg- ter 17 of title 38 of such Code, or a medical person of the Board for a period of 3 years. et of the Institute for the following year; care program of the Indian Health Service or ‘‘(5) COMPENSATION.— ‘‘(C) a description of research priorities of a tribal organization). ‘‘(A) IN GENERAL.—A member of the Board identified under paragraph (1)(A), dissemina- ‘‘(iv) 3 members representing private pay- shall be entitled to compensation at the per tion protocols and strategies developed by ers, of whom at least 1 member shall rep- diem equivalent of the rate provided for level the Institute under paragraph (8)(B), and resent health insurance issuers and at least IV of the Executive Schedule under section methodological standards developed and up- 1 member shall represent employers who 5315 of title 5, United States Code. dated by the methodology committee under self-insure employee benefits. ‘‘(B) TRAVEL EXPENSES.—While away from paragraph (6)(C)(i) that are adopted under ‘‘(v) 3 members representing pharma- home or regular place of business in the per- paragraph (9) during the preceding year; ceutical, device, and technology manufactur- formance of duties for the Board, each mem- ‘‘(D) the names of individuals contributing ers or developers. ber of the Board may receive reasonable to any peer-review process provided under ‘‘(vi) 1 member representing nonprofit or- travel, subsistence, and other necessary ex- paragraph (7) during the preceding year or ganizations involved in health services re- penses. years, in a manner such that those individ- search. ‘‘(6) DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.—The Board may— uals cannot be identified with a particular ‘‘(vii) 1 member representing organizations that focus on quality measurement and im- ‘‘(A) employ and fix the compensation of research project; and provement or decision support. an executive director and such other per- ‘‘(E) a description of efforts by the Insti- ‘‘(viii) 1 member representing independent sonnel as may be necessary to carry out the tute under paragraph (10) to— health services researchers. duties of the Institute; ‘‘(i) coordinate the research conducted, ‘‘(2) QUALIFICATIONS.— ‘‘(B) seek such assistance and support as commissioned, or otherwise funded under ‘‘(A) DIVERSE REPRESENTATION OF PERSPEC- may be required in the performance of the this section and the resources of the Insti- TIVES.—The Board shall represent a broad duties of the Institute from appropriate de- tute with research and related efforts con- range of perspectives and collectively have partments and agencies of the Federal Gov- ducted by other private and public entities; scientific expertise in clinical health ernment; and sciences research, including epidemiology, ‘‘(C) enter into contracts or make other ar- ‘‘(ii) build capacity for comparative clin- decisions sciences, health economics, and rangements and make such payments as may ical effectiveness research and other rel- statistics. be necessary for performance of the duties of evant research and related efforts through ‘‘(B) CONFLICTS OF INTEREST.— the Institute; appropriate activities. ‘‘(i) IN GENERAL.—In appointing members ‘‘(D) provide travel, subsistence, and per ‘‘(F) any other relevant information (in- of the Board under paragraph (1)(D), the diem compensation for individuals per- cluding information on the membership of Comptroller General of the United States forming the duties of the Institute, including the Board, advisory panels appointed under shall take into consideration any conflicts of members of any advisory panel appointed paragraph (5), the methodology committee interest of potential appointees. Any con- under subsection (d)(5), members of the established under paragraph (6), and the ex- flicts of interest of members appointed to methodology committee established under ecutive staff of the Institute, any conflicts of the Board under paragraph (1) shall be dis- subsection (d)(6), and individuals selected to interest with respect to the members of such closed in accordance with subsection contribute to any peer-review process under Board, advisory panels, and methodology (i)(4)(B). subsection (d)(7); and committee, or with respect to any individ- ‘‘(ii) RECUSAL.—A member of the Board ‘‘(E) prescribe such rules, regulations, and uals selected for employment as executive shall be recused from participating with re- bylaws as the Board determines necessary staff of the Institute, and any bylaws adopt- spect to a particular research project or with respect to the internal organization and ed by the Board during the preceding year). other matter considered by the Board in car- operation of the Institute. ‘‘(e) ADMINISTRATION.— rying out its research project agenda under ‘‘(7) MEETINGS AND HEARINGS.—The Board ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (d)(2) in the case where the mem- shall meet and hold hearings at the call of the Board shall carry out the duties of the ber (or an immediate family member of such the Chairperson or a majority of its mem- Institute. member) has a financial or personal interest bers. In the case where the Board is meeting ‘‘(2) NONDELEGABLE DUTIES.—The activities directly related to the research project or on matters not related to personnel, Board described in subsections (b)(3)(D), (d)(1), and the matter that could affect or be affected by meetings shall be open to the public and ad- (d)(9) are nondelegable. such participation. vertised. ‘‘(f) BOARD OF GOVERNORS.— ‘‘(3) TERMS.— ‘‘(8) QUORUM.—A majority of the members ‘‘(1) IN GENERAL.—The Institute shall have ‘‘(A) IN GENERAL.—A member of the Board of the Board shall constitute a quorum for a Board of Governors, which shall consist of appointed under paragraph (1)(D) shall be ap- purposes of conducting the duties of the In- the following members: pointed for a term of 6 years, except with re- stitute, but a lesser number of members may ‘‘(A) The Secretary of Health and Human spect to the members first appointed under meet and hold hearings. Services (or the Secretary’s designee). such paragraph— ‘‘(g) FINANCIAL OVERSIGHT.— ‘‘(B) The Director of the Agency for ‘‘(i) 6 shall be appointed for a term of 6 ‘‘(1) CONTRACT FOR AUDIT.—The Institute Healthcare Research and Quality (or the Di- years; shall provide for the conduct of financial au- rector’s designee). ‘‘(ii) 6 shall be appointed for a term of 4 dits of the Institute on an annual basis by a ‘‘(C) The Director of the National Insti- years; and private entity with expertise in conducting tutes of Health (or the Director’s designee). ‘‘(iii) 6 shall be appointed for a term of 2 financial audits. ‘‘(D) 18 members appointed by the Comp- years. ‘‘(2) REVIEW OF AUDIT AND REPORT TO CON- troller General of the United States not later ‘‘(B) LIMITATION.—No individual shall be GRESS.—The Comptroller General of the than 6 months after the date of enactment of appointed to the Board under paragraph United States shall— this section, as follows: (1)(D) for more than 2 terms. ‘‘(A) review the results of the audits con- ‘‘(i) 3 members representing patients and ‘‘(C) EXPIRATION OF TERM.—Any member of ducted under paragraph (1); and health care consumers. the Board whose term has expired may serve ‘‘(B) submit a report to Congress con- ‘‘(ii) 3 members representing practicing until such member’s successor has taken of- taining the results of such audits and review. physicians, including surgeons. fice, or until the end of the calendar year in ‘‘(h) GOVERNMENTAL OVERSIGHT.—

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‘‘(1) REVIEW AND REPORTS.— generally provided under subsection (d)(7), ‘‘(1) GIFTS.—The Institute, or the Board ‘‘(A) IN GENERAL.—The Comptroller Gen- and dissemination protocols and strategies and staff of the Institute acting on behalf of eral of the United States shall review the fol- developed by the Institute under subsection the Institute, may not accept gifts, be- lowing: (d)(8)(B) in accordance with subsection (d)(9). queaths, or donations of services or property. ‘‘(i) Processes established by the Institute, ‘‘(ii) Prior to the finalization of individual ‘‘(2) ESTABLISHMENT AND PROHIBITION ON AC- including those with respect to the identi- study designs. CEPTING OUTSIDE FUNDING OR CONTRIBU- fication of research priorities under sub- ‘‘(B) TRANSMISSION OF PUBLIC COMMENTS ON TIONS.—The Institute may not— section (d)(1)(A) and the conduct of research STUDY DESIGN.—The Institute shall transmit ‘‘(A) establish a corporation other than as projects under this section. Such review public comments submitted during the pub- provided under this section; or shall determine whether information pro- lic comment period described in subpara- ‘‘(B) accept any funds or contributions duced by such research projects— graph (A)(ii) to the entity conducting re- other than as provided under this part. ‘‘(I) is objective and credible; search with respect to which the individual ‘‘(k) RULES OF CONSTRUCTION.— ‘‘(II) is produced in a manner consistent study design is being finalized. ‘‘(1) COVERAGE.—Nothing in this section with the requirements under this section; ‘‘(2) ADDITIONAL FORUMS.—The Institute shall be construed— and shall, in addition to the public comment pe- ‘‘(A) to permit the Institute to mandate ‘‘(III) is developed through a transparent riods described in paragraph (1)(A), support coverage, reimbursement, or other policies process. forums to increase public awareness and ob- for any public or private payer; or ‘‘(ii) The overall effect of the Institute and tain and incorporate public feedback through ‘‘(B) as preventing the Secretary from cov- the effectiveness of activities conducted media (such as an Internet website) on the ering the routine costs of clinical care re- under this section, including an assessment following: ceived by an individual entitled to, or en- of— ‘‘(A) The identification of research prior- rolled for, benefits under title XVIII, XIX, or ‘‘(I) the utilization of the findings of re- ities and the establishment of the research XXI in the case where such individual is par- search conducted under this section by project agenda under subparagraphs (A) and ticipating in a clinical trial and such costs health care decision makers; and (B), respectively, of subsection (d)(1). would otherwise be covered under such title ‘‘(II) the effect of the Institute and such ‘‘(B) Research findings. with respect to the beneficiary. activities on innovation and on the health ‘‘(C) Any other duties, activities, or proc- ‘‘(2) REPORTS AND FINDINGS.—None of the economy of the United States. esses the Institute determines appropriate. reports submitted under this section or re- ‘‘(B) REPORTS.—Not later than 5 years after ‘‘(3) PUBLIC AVAILABILITY.—The Institute search findings disseminated by the Institute the date of enactment of this section, and shall make available to the public and dis- shall be construed as mandates, guidelines, not less frequently than every 5 years there- close through the official public Internet or recommendations for payment, coverage, after, the Comptroller General of the United website of the Institute, and through other or treatment. States shall submit a report to Congress con- forums and media the Institute determines ‘‘TRUST FUND TRANSFERS TO COMPARATIVE taining the results of the review conducted appropriate, the following: EFFECTIVENESS RESEARCH TRUST FUND under subparagraph (A), together with rec- ‘‘(A) The process and methods for the con- ommendations for such legislation and ad- duct of research under this section, includ- ‘‘SEC. 1182. (a) IN GENERAL.—The Secretary ministrative action as the Comptroller Gen- ing— shall provide for the transfer, from the Fed- eral determines appropriate. ‘‘(i) the identity of the entity conducting eral Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary ‘‘(2) FUNDING ASSESSMENT.— such research; Medical Insurance Trust Fund under section ‘‘(A) IN GENERAL.—The Comptroller Gen- ‘‘(ii) any links the entity has to industry 1841, in proportion (as estimated by the Sec- eral of the United States shall assess the (including such links that are not directly retary) to the total expenditures during such adequacy and use of funding for the Institute tied to the particular research being con- fiscal year that are made under title XVIII and activities conducted under this section ducted under this section); from the respective trust fund, to the Com- under the CERTF under section 9511 of the ‘‘(iii) draft study designs (including re- parative Effectiveness Research Trust Fund Internal Revenue Code of 1986. Such assess- search questions and the finalized study de- (referred to in this section as the ‘CERTF’) ment shall include a determination as to sign, together with public comments on such under section 9511 of the Internal Revenue whether, based on the utilization of findings study design and responses to such com- Code of 1986, the following: by public and private payers, each of the fol- ments); ‘‘(1) For fiscal year 2012, an amount equal lowing are appropriate sources of funding for ‘‘(iv) research protocols (including meas- to 50 cents multiplied by the average number the Institute, including a determination of ures taken, methods of research, methods of of individuals entitled to benefits under part whether such sources of funding should be analysis, research results, and such other in- A, or enrolled under part B, of title XVIII continued or adjusted: formation as the Institute determines appro- during such fiscal year. ‘‘(i) The transfer of funds from the Federal priate); ‘‘(2) For each of fiscal years 2013, 2014, 2015, Hospital Insurance Trust Fund under section ‘‘(v) the identity of investigators con- 2016, 2017, and 2018, an amount equal to $1 1817 and the Federal Supplementary Medical ducting such research and any conflicts of multiplied by the average number of individ- Insurance Trust Fund under section 1841 to interest of such investigators; and uals entitled to benefits under part A, or en- the CERTF under section 1182. ‘‘(vi) any progress reports the Institute de- rolled under part B, of title XVIII during ‘‘(ii) The amounts appropriated under sub- termines appropriate. such fiscal year. ‘‘(B) Public comments submitted during paragraphs (A), (B), (C), (D)(ii), and (E)(ii) of ‘‘(b) ADJUSTMENTS FOR INCREASES IN each of the public comment periods under subsection (b)(1) of such section 9511. HEALTH CARE SPENDING.—In the case of any ‘‘(iii) Private sector contributions under paragraph (1)(A). fiscal year beginning after September 30, subparagraphs (D)(i) and (E)(i) of such sub- ‘‘(C) Bylaws, processes, and proceedings of 2013, the dollar amount in effect under sub- section (b)(1). the Institute, to the extent practicable and section (a)(2) for such fiscal year shall be ‘‘(B) REPORT.—Not later than 8 years after as the Institute determines appropriate. equal to the sum of such dollar amount for the date of enactment of this section, the ‘‘(D) Not later than 90 days after receipt by the previous fiscal year (determined after Comptroller General of the United States the Institute of a relevant report or research the application of this subsection), plus an shall submit a report to Congress containing findings, appropriate information contained amount equal to the product of— the results of the assessment conducted in such report or findings. ‘‘(1) such dollar amount for the previous under subparagraph (A), together with rec- ‘‘(4) CONFLICTS OF INTEREST.—The Institute fiscal year, multiplied by ommendations for such legislation and ad- shall— ‘‘(2) the percentage increase in the pro- ministrative action as the Comptroller Gen- ‘‘(A) in appointing members to an advisory jected per capita amount of National Health eral determines appropriate. panel under subsection (d)(5) and the meth- Expenditures from the calendar year in ‘‘(i) ENSURING TRANSPARENCY, CREDIBILITY, odology committee under subsection (d)(6), which the previous fiscal year ends to the AND ACCESS.—The Institute shall establish and in selecting individuals to contribute to calendar year in which the fiscal year in- procedures to ensure that the following re- any peer-review process under subsection volved ends, as most recently published by quirements for ensuring transparency, credi- (d)(7) and for employment as executive staff the Secretary before the beginning of the fis- bility, and access are met: of the Institute, take into consideration any cal year.’’. ‘‘(1) PUBLIC COMMENT PERIODS.— conflicts of interest of potential appointees, (b) COORDINATION WITH PROVIDER EDU- ‘‘(A) IN GENERAL.—The Institute shall pro- participants, and staff; and CATION AND TECHNICAL ASSISTANCE.—Section vide for a public comment period of not less ‘‘(B) include a description of any such con- 1889(a) of the Social Security Act (42 U.S.C. than 30 and not more than 60 days at the fol- flicts of interest and conflicts of interest of 1395zz(a)) is amended by inserting ‘‘and to lowing times: Board members in the annual report under enhance the understanding of and utilization ‘‘(i) Prior to the adoption of the national subsection (d)(11), except that, in the case of by providers of services and suppliers of re- priorities identified under subsection individuals contributing to any such peer re- search findings disseminated by the Health (d)(1)(A), the research project agenda estab- view process, such description shall be in a Care Comparative Effectiveness Research In- lished under subsection (d)(1)(B), the meth- manner such that those individuals cannot stitute established under section 1181’’ before odological standards developed and updated be identified with a particular research the period at the end. by the methodology committee under sub- project. (c) COMPARATIVE EFFECTIVENESS RESEARCH section (d)(6)(C)(i), the peer-review process ‘‘(j) RULES.— TRUST FUND; FINANCING FOR TRUST FUND.—

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(1) ESTABLISHMENT OF TRUST FUND.— such Trust Fund after such date shall be ‘‘SEC. 4376. SELF-INSURED HEALTH PLANS. (A) IN GENERAL.—Subchapter A of chapter transferred to the general fund of the Treas- ‘‘(a) IMPOSITION OF FEE.—In the case of any 98 of the Internal Revenue Code of 1986 (re- ury.’’. applicable self-insured health plan for each lating to establishment of trust funds) is (B) CLERICAL AMENDMENT.—The table of plan year ending after September 30, 2011, amended by adding at the end the following sections for subchapter A of chapter 98 of there is hereby imposed a fee equal to $1 (50 new section: such Code is amended by adding at the end cents in the case of plan years ending during ‘‘SEC. 9511. COMPARATIVE EFFECTIVENESS RE- the following new item: fiscal year 2012) multiplied by the average SEARCH TRUST FUND. ‘‘Sec. 9511. Comparative Effectiveness Re- number of lives covered under the plan. ‘‘(a) CREATION OF TRUST FUND.—There is search Trust Fund.’’. ‘‘(b) LIABILITY FOR FEE.— established in the Treasury of the United (2) FINANCING FOR FUND FROM FEES ON IN- ‘‘(1) IN GENERAL.—The fee imposed by sub- States a trust fund to be known as the ‘Com- SURED AND SELF-INSURED HEALTH PLANS.— section (a) shall be paid by the plan sponsor. parative Effectiveness Research Trust Fund’ (A) GENERAL RULE.—Chapter 34 of the In- ‘‘(2) PLAN SPONSOR.—For purposes of para- (hereafter in this section referred to as the ternal Revenue Code of 1986 is amended by graph (1) the term ‘plan sponsor’ means— ‘CERTF’), consisting of such amounts as adding at the end the following new sub- ‘‘(A) the employer in the case of a plan es- may be appropriated or credited to such chapter: tablished or maintained by a single em- Trust Fund as provided in this section and ployer, section 9602(b). ‘‘Subchapter B—Insured and Self-Insured Health Plans ‘‘(B) the employee organization in the case ‘‘(b) TRANSFERS TO FUND.— of a plan established or maintained by an ‘‘(1) APPROPRIATION.—There are hereby ap- ‘‘Sec. 4375. Health insurance. ‘‘Sec. 4376. Self-insured health plans. employee organization, propriated to the Trust Fund the following: ‘‘(C) in the case of— ‘‘(A) For fiscal year 2009, $5,000,000. ‘‘Sec. 4377. Definitions and special rules. ‘‘SEC. 4375. HEALTH INSURANCE. ‘‘(i) a plan established or maintained by 2 ‘‘(B) For fiscal year 2010, $25,000,000. or more employers or jointly by 1 or more ‘‘(C) For fiscal year 2011, $75,000,000. ‘‘(a) IMPOSITION OF FEE.—There is hereby imposed on each specified health insurance employers and 1 or more employee organiza- ‘‘(D) For fiscal year 2012— tions, ‘‘(i) an amount equivalent to the net reve- policy for each policy year ending after Sep- tember 30, 2011, a fee equal to the product of ‘‘(ii) a multiple employer welfare arrange- nues received in the Treasury from the fees ment, or imposed under subchapter B of chapter 34 $1 (50 cents in the case of policy years ending during fiscal year 2012) multiplied by the av- ‘‘(iii) a voluntary employees’ beneficiary (relating to fees on health insurance and association described in section 501(c)(9), self-insured plans) for such fiscal year; and erage number of lives covered under the pol- icy. the association, committee, joint board of ‘‘(ii) $75,000,000. trustees, or other similar group of represent- ‘‘(E) For each of fiscal years 2013, 2014, 2015, ‘‘(b) LIABILITY FOR FEE.—The fee imposed by subsection (a) shall be paid by the issuer atives of the parties who establish or main- 2016, 2017, and 2018— tain the plan, or ‘‘(i) an amount equivalent to the net reve- of the policy. ‘‘(c) SPECIFIED HEALTH INSURANCE POL- ‘‘(D) the cooperative or association de- nues received in the Treasury from the fees scribed in subsection (c)(2)(F) in the case of imposed under subchapter B of chapter 34 ICY.—For purposes of this section: ‘‘(1) IN GENERAL.—Except as otherwise pro- a plan established or maintained by such a (relating to fees on health insurance and cooperative or association. self-insured plans) for such fiscal year; and vided in this section, the term ‘specified ‘‘(c) APPLICABLE SELF-INSURED HEALTH ‘‘(ii) $75,000,000. health insurance policy’ means any accident PLAN.—For purposes of this section, the The amounts appropriated under subpara- or health insurance policy (including a pol- term ‘applicable self-insured health plan’ graphs (A), (B), (C), (D)(ii), and (E)(ii) shall icy under a group health plan) issued with means any plan for providing accident or be transferred from the general fund of the respect to individuals residing in the United health coverage if— Treasury, from funds not otherwise appro- States. ‘‘(1) any portion of such coverage is pro- priated. ‘‘(2) EXEMPTION FOR CERTAIN POLICIES.—The vided other than through an insurance pol- ‘‘(2) TRUST FUND TRANSFERS.—In addition term ‘specified health insurance policy’ does icy, and to the amounts appropriated under para- not include any insurance if substantially all ‘‘(2) such plan is established or main- graph (1), there shall be credited to the of its coverage is of excepted benefits de- tained— CERTF the amounts transferred under sec- scribed in section 9832(c). ‘‘(A) by one or more employers for the ben- tion 1182 of the Social Security Act. ‘‘(3) TREATMENT OF PREPAID HEALTH COV- efit of their employees or former employees, ‘‘(3) LIMITATION ON TRANSFERS TO CERTF.— ERAGE ARRANGEMENTS.— ‘‘(B) by one or more employee organiza- No amount may be appropriated or trans- ‘‘(A) IN GENERAL.—In the case of any ar- tions for the benefit of their members or ferred to the CERTF on and after the date of rangement described in subparagraph (B)— former members, any expenditure from the CERTF which is ‘‘(i) such arrangement shall be treated as a ‘‘(C) jointly by 1 or more employers and 1 not an expenditure permitted under this sec- specified health insurance policy, and or more employee organizations for the ben- tion. The determination of whether an ex- ‘‘(ii) the person referred to in such sub- efit of employees or former employees, penditure is so permitted shall be made with- paragraph shall be treated as the issuer. ‘‘(D) by a voluntary employees’ beneficiary out regard to— ‘‘(B) DESCRIPTION OF ARRANGEMENTS.—An association described in section 501(c)(9), ‘‘(A) any provision of law which is not con- arrangement is described in this subpara- ‘‘(E) by any organization described in sec- tained or referenced in this chapter or in a graph if under such arrangement fixed pay- tion 501(c)(6), or revenue Act, and ments or premiums are received as consider- ‘‘(F) in the case of a plan not described in ‘‘(B) whether such provision of law is a ation for any person’s agreement to provide the preceding subparagraphs, by a multiple subsequently enacted provision or directly or or arrange for the provision of accident or employer welfare arrangement (as defined in indirectly seeks to waive the application of health coverage to residents of the United section 3(40) of Employee Retirement Income this paragraph. States, regardless of how such coverage is Security Act of 1974), a rural electric cooper- ‘‘(c) TRUSTEE.—The Secretary of Health provided or arranged to be provided. and Human Services shall be a trustee of the ‘‘(d) ADJUSTMENTS FOR INCREASES IN ative (as defined in section 3(40)(B)(iv) of CERTF. HEALTH CARE SPENDING.—In the case of any such Act), or a rural telephone cooperative ‘‘(d) EXPENDITURES FROM FUND.—Amounts policy year ending in any fiscal year begin- association (as defined in section 3(40)(B)(v) in the CERTF are available, without further ning after September 30, 2013, the dollar of such Act). appropriation, to the Health Care Compara- amount in effect under subsection (a) for ‘‘(d) ADJUSTMENTS FOR INCREASES IN tive Effectiveness Research Institute estab- such policy year shall be equal to the sum of HEALTH CARE SPENDING.—In the case of any lished by section 2(a) of the Comparative Ef- such dollar amount for policy years ending plan year ending in any fiscal year beginning fectiveness Research Act of 2008 for carrying in the previous fiscal year (determined after after September 30, 2013, the dollar amount out part D of title XI of the Social Security the application of this subsection), plus an in effect under subsection (a) for such plan Act (as in effect on the date of enactment of amount equal to the product of— year shall be equal to the sum of such dollar the Comparative Effectiveness Research Act ‘‘(1) such dollar amount for policy years amount for plan years ending in the previous of 2008). ending in the previous fiscal year, multiplied fiscal year (determined after the application ‘‘(e) NET REVENUES.—For purposes of this by of this subsection), plus an amount equal to section, the term ‘net revenues’ means the ‘‘(2) the percentage increase in the pro- the product of— amount estimated by the Secretary of the jected per capita amount of National Health ‘‘(1) such dollar amount for plan years end- Treasury based on the excess of— Expenditures from the calendar year in ing in the previous fiscal year, multiplied by ‘‘(1) the fees received in the Treasury under which the previous fiscal year ends to the ‘‘(2) the percentage increase in the pro- subchapter B of chapter 34, over calendar year in which the fiscal year in- jected per capita amount of National Health ‘‘(2) the decrease in the tax imposed by volved ends, as most recently published by Expenditures from the calendar year in chapter 1 resulting from the fees imposed by the Secretary of Health and Human Services which the previous fiscal year ends to the such subchapter. before the beginning of the fiscal year. calendar year in which the fiscal year in- ‘‘(f) TERMINATION.—No amounts shall be ‘‘(e) TERMINATION.—This section shall not volved ends, as most recently published by available for expenditure from the CERTF apply to policy years ending after September the Secretary of Health and Human Services after September 30, 2018, and any amounts in 30, 2018. before the beginning of the fiscal year.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00161 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7966 CONGRESSIONAL RECORD — SENATE July 31, 2008 ‘‘(e) TERMINATION.—This section shall not eral of the United States shall submit a re- the health care system as a whole apply to plan years ending after September port to Congress on the process for making .... Rather, in order to address the 30, 2018. national coverage determinations (as defined long-term fiscal challenge, it will be ‘‘SEC. 4377. DEFINITIONS AND SPECIAL RULES. in section 1869(f)(1)(B) of the Social Security necessary to find approaches that deal ‘‘(a) DEFINITIONS.—For purposes of this Act (42 U.S.C. 1395ff(f)(1)(B)) under the Medi- subchapter— care program under title XVIII of the Social with health care cost growth in the ‘‘(1) ACCIDENT AND HEALTH COVERAGE.—The Security Act. Such report shall include a de- overall health care system.’’ term ‘accident and health coverage’ means termination whether, in initiating and con- A key problem we must confront is any coverage which, if provided by an insur- ducting such process, the Secretary of that our health care system does not ance policy, would cause such policy to be a Health and Human Services has complied deliver care as efficiently or effectively specified health insurance policy (as defined with applicable law and regulations, includ- as it should. In fact, the United States in section 4375(c)). ing requirements for consultation with ap- spends far more on health expenditures ‘‘(2) INSURANCE POLICY.—The term ‘insur- propriate outside experts, providing appro- as a percent of GDP than any other ance policy’ means any policy or other in- priate notice and comment opportunities to country in the Organization for Eco- strument whereby a contract of insurance is the public, and making information and data issued, renewed, or extended. (other than proprietary data) considered in nomic Cooperation and Development. ‘‘(3) UNITED STATES.—The term ‘United making such determinations available to the For example, the United States spent States’ includes any possession of the United public and to nonvoting members of any ad- 16 percent of GDP on health expendi- States. visory committees established to advise the tures in 2006, compared to 9 percent in ‘‘(b) TREATMENT OF GOVERNMENTAL ENTI- Secretary with respect to such determina- Italy. And the disparity is even starker TIES.— tions. ‘‘(1) IN GENERAL.—For purposes of this sub- today. Despite this additional health chapter— Mr. CONRAD. Mr. President, today I care spending, health outcomes in the ‘‘(A) the term ‘person’ includes any govern- join my good friend and colleague, Sen- United States are no better than mental entity, and ator BAUCUS, in introducing the Com- health outcomes in the other OECD ‘‘(B) notwithstanding any other law or rule parative Effectiveness Research Act of countries. In fact, by some measures, of law, governmental entities shall not be ex- 2008. This proposal is the product of they are worse. empt from the fees imposed by this sub- months of careful deliberations regard- We can and must find ways to deliver chapter except as provided in paragraph (2). ing the best way to expand the quality health care more efficiently, reduce in- ‘‘(2) TREATMENT OF EXEMPT GOVERNMENTAL and quantity of evidence available to effective or unnecessary care, and get PROGRAMS.—In the case of an exempt govern- mental program, no fee shall be imposed health consumers about the compara- better health outcomes without harm- under section 4375 or section 4376 on any cov- tive clinical effectiveness of health ing patients. ered life under such program. care services and treatments. We have One solution is to generate better in- ‘‘(3) EXEMPT GOVERNMENTAL PROGRAM DE- met with dozens of key stakeholders formation about the relative effective- FINED.—For purposes of this subchapter, the and thought leaders to discuss various ness of alternative health strategies— term ‘exempt governmental program’ aspects of this legislation. I am proud and encourage patients and providers means— of the result. This legislation lays the to use that information to make better ‘‘(A) any insurance program established choices about their health. Many under title XVIII of the Social Security Act, groundwork for improving health care ‘‘(B) the medical assistance program estab- outcomes, enhancing patient safety, newer, more expensive health care lished by title XIX or XXI of the Social Se- and reducing overall health care costs services and treatments are absorbed curity Act, in the long-run. quickly into routine medical care—yet ‘‘(C) any program established by Federal As chairman of the Senate Budget there is little evidence that these serv- law for providing medical care (other than Committee, I am acutely aware of the ices and treatments are any more clini- through insurance policies) to individuals (or long-term budget challenges facing our cally effective than existing treat- the spouses and dependents thereof) by rea- nation. Health care spending is grow- ments and services. son of such individuals being— ing at an unsustainable rate. Although The Federal Government currently ‘‘(i) members of the Armed Forces of the United States, or demographic changes associated with funds some comparative effectiveness ‘‘(ii) veterans, and the retirement of the baby boom gen- research through the Agency for ‘‘(D) any program established by Federal eration contribute to this spending Healthcare Research and Quality. The law for providing medical care (other than growth, the most significant factor is Effective Health Care Program has through insurance policies) to members of growth in health care costs in excess of been a successful initiative, and we Indian tribes (as defined in section 4(d) of the per capita GDP growth. According to commend AHRQ for its work, but com- Indian Health Care Improvement Act). Congressional Budget Office projec- parative effectiveness research is not ‘‘(c) TREATMENT AS TAX.—For purposes of subtitle F, the fees imposed by this sub- tions, by 2050, Medicare and Medicaid the primary focus of any federal agen- chapter shall be treated as if they were spending alone will consume 12 percent cy—nor is this federal funding occur- taxes. of our Nation’s gross domestic product. ring on a large-scale. The Congres- ‘‘(d) NO COVER OVER TO POSSESSIONS.—Not- But excess growth in per capita sional Budget Office, CBO, the Medi- withstanding any other provision of law, no health care costs is not just a chal- care Payment Advisory Commission, amount collected under this subchapter shall lenge for Federal health spending and MedPAC, and the Institute of Medicine, be covered over to any possession of the the federal budget. If we continue on United States.’’. IOM, have all discussed the positive (B) CLERICAL AMENDMENTS.— the current trajectory, the private sec- impact of creating a new entity (i) Chapter 34 of such Code is amended by tor will also be overwhelmed by rising charged solely with conducting re- striking the chapter heading and inserting health care costs. In fact, total health search on the comparative effective- the following: care spending is projected to grow from ness of health interventions, including ‘‘CHAPTER 34—TAXES ON CERTAIN about 16 percent of GDP in 2007—which pharmaceuticals, medical devices, med- INSURANCE POLICIES is far higher than in other industri- ical procedures, diagnostic tools, med- ‘‘SUBCHAPTER A. POLICIES ISSUED BY FOREIGN alized countries—to more than 37 per- ical services and other therapies. INSURERS cent of GDP in 2050. In its June 2007 report to Congress, ‘‘SUBCHAPTER B. INSURED AND SELF-INSURED Clearly, we need to address the un- MedPAC issued a unanimous rec- HEALTH PLANS derlying causes of rising health care ommendation that ‘‘Congress should ‘‘Subchapter A—Policies Issued By Foreign costs, not just in the Medicare and charge an independent entity to spon- Insurers’’. Medicaid programs, but in the overall sor credible research on comparative (ii) The table of chapters for subtitle D of health care system. Simply cutting effectiveness of health care services such Code is amended by striking the item Medicare and Medicaid without mak- and disseminate this information to relating to chapter 34 and inserting the fol- ing other changes will do little to solve patients, providers, and public and pri- lowing new item: the larger problem we face. As GAO vate payers.’’ ‘‘CHAPTER 34—TAXES ON CERTAIN INSURANCE Comptroller General David Walker And the Congressional Budget Office POLICIES’’. pointed out in testimony before the agrees. In a recent report, entitled, SEC. 3. GAO REPORT ON NATIONAL COVERAGE DETERMINATIONS PROCESS. House Budget Committee, in 2005, ‘‘Research on the Comparative Effec- Not later than 18 months after the date of ‘‘[F]ederal health spending trends tiveness of Medical Treatments: Issues enactment of this Act, the Comptroller Gen- should not be viewed in isolation from and Options for an Expanded Federal

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7967 Role,’’ CBO Director Peter Orszag sory Committee, had concerns that a has been embraced by a number of wrote that, ‘‘generating better infor- large entity within the Federal Gov- health care experts. For example, on mation about the costs and benefits of ernment would be vulnerable to polit- the subject of comparative effective- different treatment options—through ical interference that could hamper the ness information in its June 2008 re- research on the comparative effective- Institute’s credibility, and, therefore, port, MedPAC stated: ‘‘The Commis- ness of those options—could help re- limit the usefulness of its research. As sion supports funding from federal and duce health care spending without ad- a result, we chose a model outside of private sources as the research findings versely affecting health overall.’’ the Federal Government, but subject to will benefit all users—patients, pro- The IOM also supports getting better government oversight. viders, private health plans, and fed- information into the hands of patients In order to ensure that the informa- eral health programs. The Commission and providers. As part of its report, tion developed is credible and unbiased, also supports a dedicated funding ‘‘Learning What Works Best: The Na- our bill establishes a 21-Member Board mechanism to help ensure the entity’s tion’s Need for Evidence on Compara- of Governors to oversee the Institute’s independence and stability. Dedicated tive Effectiveness in Health Care,’’ the activities. Permanent board members broadly based financing would reduce Institute concluded that, would include the Secretary of Health the likelihood of outside influence and ‘‘[A] SUBSTANTIALLY INCREASED and Human Services and the Directors would best ensure the entity’s stability CAPACITY TO CONDUCT AND EVALUATE of the Agency for Healthcare Research . . .’’ RESEARCH ON CLINICAL EFFECTIVENESS and Quality and the National Insti- To ensure accountability for these tutes of Health, NIH. The remaining 18 OF INTERVENTIONS BRINGS MANY funds and to the Institute’s mission, board members would be appointed by POTENTIAL OPPORTUNITIES FOR our bill requires an annual financial the Comptroller General of the United IMPROVEMENT ACROSS A WIDE SPECTRUM audit of the Institute. In addition, the States and would include a balanced OF HEALTHCARE NEEDS.’’ bill requires GAO to report to Congress This bill that Senator BAUCUS and I mix of patients, physicians, drug, de- every five years on the processes devel- are introducing today represents an vice, and technology manufacturers, oped by the Institute and its overall ef- important step in expanding compara- public and private payers, academic re- fectiveness, including how the research tive effectiveness research. The bill searchers, philanthropic organizations findings are used by health care con- would significantly expand the conduct and quality improvement entities. sumers and what impact the research To ensure further credibility, the In- of comparative clinical effectiveness is having on the health economy. Fi- stitute is also required to appoint advi- research to get better information into nally, the bill requires a review after sory panels of patients, clinicians, and the hands of patients and providers in eight years of the adequacy of the In- other stakeholders that would assist in the hopes of improving health out- stitute’s funding, which will include a the development and carrying out of comes and reducing unnecessary or in- review of the appropriateness and ade- the research agenda; establish a meth- effective care. quacy of each funding source. odology committee that would help The purpose of this bill is to provide Let me take a moment to address create standards by which all research health care providers and patients with some of the criticisms that might be commissioned by the Institute must be objective and credible evidence about levied against this proposal. Some may conducted; create a peer review process which health care treatments, services, say this Institute will impede access to through which all research findings and items are most clinically effective care and will deny coverage for high- must be assessed; and develop protocols for particular patient populations. The cost health care services. That is not to help translate and disseminate the research conducted under our bill the case. Our proposal explicitly pro- evidence in the most effective, user- would evaluate and compare the clin- hibits the Institute from making cov- friendly way. ical effectiveness of two or more health erage decisions or setting practice Moreover, Senator BAUCUS and I guidelines. It will be up to specialty so- care interventions, treatment proto- want to ensure that the operations of cols, procedures, medical devices, diag- the Institute are transparent. There- cieties and patient groups to use the nostic tools, pharmaceuticals, and fore, we built in a strong role for public research findings as they see fit. More- other processes or items used in the comment prior to all key decisions over, to the extent that high-cost treatment or diagnosis of patients. Ac- made by the Institute. For example, health care services or new tech- cess to better evidence about what the bill requires public comment peri- nologies are studied by the Institute works best will help patients and ods prior to the approval of the overall and found to be clinically ineffective health care providers make better-in- research agenda and the individual compared to other services and tech- formed decisions about how best to study designs. In addition, the bill calls nologies, such evidence will be made treat particular diseases and condi- for periodic public forums to seek public to consumers and providers so tions. Our hope is that the evidence input, requires that all proceedings of that they can make the best possible generated by this research could lead the Institute be made public and avail- health care decisions. Other critics to savings in the overall health care able through annual reports, and re- may claim that this proposal will re- system over the long-term by allowing quires that any conflicts of interest be sult in one-size-fits-all approach to providers to avoid treatments that made public and that board members comparative clinical effectiveness re- may be clinically ineffective, while at recuse themselves from matters in search. We recognize that different the same time improving health care which they have a financial or personal health care treatments may have dif- outcomes. interest. ferent levels of effectiveness for dif- Specifically, our bill creates a pri- Because all health care users will ferent subpopulations. That is why our vate, nonprofit corporation, known as benefit from this research, our legisla- bill requires that the Institute’s re- the Health Care Comparative Effective- tion funds the Institute with contribu- search be designed, as appropriate, to ness Research Institute, which would tions from both public and private pay- take into account the potential dif- be responsible for organizing and im- ers. These contributions will include ferences in the effectiveness of health plementing a national comparative ef- mandatory general revenues from the care services as used with various sub- fectiveness research agenda. In con- Federal Government, amounts from populations, such as women, racial and ducting the research, the Institute the Medicare Trust Funds equal to $1 ethnic minorities, different age groups, would contract with the Agency for per beneficiary annually, and amounts and individuals with different Healthcare Research and Quality, the from a $1 fee per-covered life assessed comorbidities. National Institutes of Health and other annually on insured and self-insured This bill is a balanced, carefully appropriate public and private entities health plans. Funding will ramp up crafted proposal that has taken into and could use a variety of research over a series of years. By the fifth year, consideration the recommendations of methods, including clinical trials, ob- we expect the Institute’s total annual a broad range of stakeholders and servational studies and systematic re- funding to exceed $300 million per year thought-leaders. We welcome further views of existing evidence. and continue to grow thereafter. discussion and suggested improve- Many thought leaders on this issue, The concept of an all-payer approach ments. But we refuse to allow this pro- such as the Medicare Payment Advi- for comparative effectiveness research posal to get bogged down in political

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I expressed concerns ity for ensuring the safety of drugs and Senator BAUCUS and I will work to the FDA regarding, among other medical devices, including foreign jointly to push for the expeditious en- things, inspection funding, emerging manufactured drugs and devices, by ex- actment of this bill. I urge all of my exporters, and weaknesses in the in- panding FDA’s authority to inspect colleagues to join our effort and co- spection process. foreign manufacturers and importers, sponsor the Comparative Effectiveness An increasing amount of the drugs allowing the FDA to issue subpoenas, Research Act of 2008. There is no time and active pharmaceutical ingredients and allowing the FDA to detain a de- to waste. (API) Americans use are being manu- vice or drug when its inspectors have factured in foreign countries. Yet, as reason to believe the product is adul- By Mr. REID (for Mr. KENNEDY reported by the Government Account- terated or misbranded. (for himself and Mr. GRASS- ability Office in November 2007, the In addition, the bill includes a provi- LEY)): Food and Drug Administration does sion that expands on an amendment I S. 3409. A bill to amend the Federal not know how many foreign establish- filed last spring to the Senate bill, S. Food, Drug, and Cosmetic Act to en- ments are subject to inspection and the 1082 Food and Drug Administration Re- sure the safety and quality of medical agency conducts relatively few inspec- vitalization Act. That amendment pro- products and enhance the authorities tions each year. vided for a certification by drug manu- of the Food and Drug Administration, From fiscal year 2002 through fiscal facturers that the information sub- and for other purposes; to the Com- year 2007, the FDA conducted fewer mitted as part of a new drug or supple- mittee on Health, Education, Labor, than 1,400 inspections of foreign phar- mental application is accurate. and Pensions. maceutical facilities, often focused in Under the Drug and Device Account- Mr. GRASSLEY. Mr. President, as countries with few reported quality ability Act, individuals responsible for Ranking Member of the Senate Fi- concerns. In China, the world’s largest the submission of a drug or device ap- nance Committee, I view my role as producer of active pharmaceutical in- plication or a report related to safety working to ensure the safety and well- gredients, and where export safety ap- or effectiveness would have to certify being of the more than 80 million pears to be a growing problem, only 11 that the application or report is com- Americans who are beneficiaries of the inspections were conducted during FY pliant with applicable regulations and Medicare and Medicaid programs. 2007, compared to 14 in Switzerland, 18 not false or misleading. Civil as well as These programs spend a lot of tax- in Germany, and 24 in France, all coun- criminal penalties could be imposed for payers’ money on prescription drugs tries with advanced regulatory infra- false or misleading certifications. I be- and medical devices, and that money structures. I was troubled by these lieve this is an important provision, es- should be spent on drugs and devices numbers. pecially in light of the troubling find- Then came the wake-up call in Janu- that are safe and effective. ings presented in the Journal of the ary of this year. FDA announced that Over the last four years I have con- American Medical Association in April. Baxter International Inc. temporarily ducted extensive oversight of the Food Based on a review of documents from suspended production of its blood thin- and Drug Administration. I have re- recent litigation involving the pain ner heparin because of an increase in viewed and questioned how the FDA medication Vioxx, the authors of those the reports of adverse events that may handles the pre-market review and articles concluded that the maker of be associated with its drug. It was dis- post-market surveillance of drugs, bio- Vioxx was not forthcoming in its com- covered that the active ingredient in logics, devices and veterinary medi- munication with the Food and Drug heparin was contaminated and that the cines to assess whether or not the Administration about the mortality ingredient was produced at a facility in agency is fulfilling its mission to pro- risks seen in clinical trials of Vioxx the People’s Republic of China. Soon tect the public health. As a result of conducted in patients with Alzheimer more recalls were announced. After disease or cognitive impairment. my oversight activities, I identified se- several months, the FDA established a rious problems at the FDA that in- Last year, Congress passed legisla- link between the contaminant found in tion that would strengthen FDA’s abil- cluded the quashing of scientific opin- heparin and the serious adverse events ion within the agency, delays in in- ity to act on emerging safety problems. seen in patients that were given hep- Now we need legislation that will en- forming the public of emerging safety arin. FDA’s investigation of the source problems, too cozy a relationship be- hance FDA’s oversight of drugs and de- of the contamination highlighted sig- vices if the Agency is to ensure that tween the FDA and the industries it is nificant weaknesses in oversight of the supposed to regulate, and a failure to America’s increasingly foreign-pro- production and supply chain. duced drug and device supply is both be adequately transparent and ac- With limited inspection resources, safe and effective. countable to the public. the FDA is charged with ensuring the Last year, when the Senate Health, safety and efficacy of drugs and phar- By Mr. AKAKA (for himself, Mr. Education, Labor, and Pensions Com- maceutical ingredients produced in SCHUMER, Mr. LIEBERMAN, and mittee and the House Energy and Com- nearly every corner of the globe. To Mr. INOUYE): merce Committee were working on make matters worse, as the FDA’s S. 3410. A bill to authorize a grant FDA legislation, I encouraged them to challenges multiply, its resources for program to provide for expanded access take that opportunity to reform, im- foreign inspections are shrinking. It is to mainstream financial institutions; prove, and re-establish the FDA as the troubling that the FDA is grossly to the Committee on Banking, Hous- gold standard for drug safety. I be- under-resourced at a time when foreign ing, and Urban Affairs. lieved the FDA needed additional tools, production of drugs and active pharma- Mr. AKAKA. President, as a member resources, and authorities to do its ceutical ingredients is growing at of the Banking Committee, I have work. record rates. Adding to the difficulty of worked to improve the financial lit- The Congress passed the Food and this task, it appears that many foreign eracy of our country. My interest in fi- Drug Administration Amendments Act pharmaceutical plants register with nancial literacy dates back to when my last September. While we did not fix a the FDA as a means to bolster their fourth grade teacher required me to fundamental problem at the FDA own standing and with no intention of have a piggy bank. We were made to that’s been shown through my inves- exporting products to the United understand how money saved, a little tigations over the last few years, the States market. at a time, can grow into a large new legislation did provide additional That is why I am introducing the amount—enough to buy things that tools in FDA’s toolbox to better pro- Drug and Device Accountability Act would have been impossible to obtain tect the American people. It was a today with Senator KENNEDY, chair- without savings. My experience with a positive step toward restoring the man of the Committee on Health, Edu- piggy bank taught me important les- public’s trust in the FDA. cation, Labor, and Pensions. sons about money management that

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By providing federal re- ity to make the lives of working fami- and backgrounds face increasingly sources for product development, ad- lies better by helping them save, in- complex financial decisions as mem- ministration, outreach, and financial vest, and borrow at affordable rates. bers of the nation’s workforce, man- education, banks and credit unions will Mr. President I ask unanimous con- agers of their families’ resources, and be better able to reach out and bank sent that the text of the bill and let- voting citizens. Many find these deci- the unbanked. ters of support be printed in the sions confusing and frustrating because The second grant program authorized RECORD. they lack the tools necessary that by my legislation provides consumers There being no objection, the mate- would enable them to make wise, per- with a lower cost, short term alter- rial was ordered to be printed in the sonal choices about their finances. native to payday loans. Payday loans RECORD, as follows: Without a sufficient understanding of are cash loans repaid by borrowers’ S. 3410 economics and personal finance, indi- postdated checks or borrowers’ author- Be it enacted by the Senate and House of Rep- viduals will not be able to appro- izations to make electronic debits resentatives of the United States of America in priately manage their finances, effec- against existing financial accounts. Congress assembled, tively evaluate credit opportunities, Payday loans often have triple digit in- SECTION 1. SHORT TITLE. successfully invest for long-term finan- terest rates that range from 390 per- This Act may be cited as the ‘‘Improving Access to Mainstream Financial Institutions cial goals in an increasingly complex cent to 780 percent when expressed as an annual percentage rate. Loan flip- Act of 2008’’. marketplace, or be able to cope with SEC. 2. DEFINITIONS. difficult financial situations. Unfortu- ping, which is a common practice, is In this Act, the following definitions shall nately, today too many working fami- the renewing of loans at maturity by apply: lies are struggling as they are con- paying additional fees without any (1) ALASKA NATIVE CORPORATION.—The term fronted with increases in energy and principal reduction. Loan flipping ‘‘Alaska Native Corporation’’ has the same food costs or the loss of a job. often leads to instances where the fees meaning as the term ‘‘Native Corporation’’ It is essential that we work toward paid for a payday loan well exceed the under section 3(m) of the Alaska Native improving education, consumer protec- principal borrowed. This situation Claims Settlement Act (43 U.S.C. 1602(m)). tions, and empowering individuals and often creates a cycle of debt that is (2) COMMUNITY DEVELOPMENT FINANCIAL IN- STITUTION.—The term ‘‘community develop- families through economic and finan- hard to break. ment financial institution’’ has the same cial literacy in order to build stronger There is a great need for working meaning as in section 103(5) of the Commu- families, businesses, and communities. families to have access to affordable nity Development Banking and Financial In- Today I am introducing the Improv- small loans. My legislation would en- stitutions Act of 1994 (12 U.S.C. 4702(5)). ing Access to Mainstream Financial In- courage banks and credit unions to de- (3) FEDERALLY INSURED DEPOSITORY INSTI- stitutions Act of 2008. This bill pro- velop payday loan alternatives. Con- TUTION.—The term ‘‘federally insured deposi- vides economic empowerment and edu- sumers who apply for these loans would tory institution’’ means any insured deposi- cational opportunities for working be provided with financial literacy and tory institution (as that term is defined in educational opportunities. Loans ex- section 3 of the Federal Deposit Insurance families by helping bank the unbanked. Act (12 U.S.C. 1813)) and any insured credit It will also encourage the use of main- tended to consumers under the grant union (as that term is defined in section 101 stream financial institutions for work- would be subject to the annual percent- of the Federal Credit Union Act (12 U.S.C. ing families that need small loans. I age rate promulgated by the National 1752)). thank my cosponsors, Senators SCHU- Credit Union Administration’s, NCUA, (4) LABOR ORGANIZATION.—The term ‘‘labor MER, LIEBERMAN, and INOUYE. Loan Interest Rates, currently capped organization’’ means an organization— Millions of working families do not at an annual percentage rate of 18 per- (A) in which employees participate; have a bank or credit union account. cent. Several credit unions have devel- (B) which exists for the purpose, in whole The unbanked rely on alternative fi- oped similar products. One example is or in part, of dealing with employers con- cerning grievances, labor disputes, wages, nancial service providers to obtain the Windward Community Federal rates of pay, hours of employment, or condi- cash from checks, pay bills, and send Credit Union in Kailua, on the island of tions of work; and remittances. Many of the unbanked are Oahu, which has developed an afford- (C) which is described in section 501(c)(5) of low- and moderate-income families able alternative to payday loans to the Internal Revenue Code of 1986. that can ill afford to have their earn- help the U.S. Marines and the other (5) NATIVE HAWAIIAN ORGANIZATION.—The ings diminished by reliance on these members that they serve. I am very term ‘‘Native Hawaiian organization’’ means high-cost and often predatory financial proud of the work done by the staff of any organization that— services. In addition, the unbanked are the Windward Community Federal (A) serves and represents the interests of Native Hawaiians; and unable to save securely to prepare for Credit Union. This program was devel- (B) has as a primary and stated purpose, the loss of a job, a family illness, a oped with an NCUA grant. More work- the provision of services to Native Hawai- down payment on a first home, or edu- ing families need access to affordable ians. cation expenses. small loans. More needs to be done to (6) PAYDAY LOAN.—The term ‘‘payday loan’’ My bill authorizes grants intended to encourage mainstream financial serv- means any transaction in which a small cash help low- and moderate-income ice providers to develop affordable advance is made to a consumer in exchange unbanked individuals establish bank or small loan products. My legislation for— credit union accounts. Providing access will help support the development of (A) the personal check or share draft of the consumer, in the amount of the advance plus to a bank or credit union account can affordable credit products at bank and a fee, where presentment or negotiation of empower families with tremendous fi- credit unions. Working families would such check or share draft is deferred by nancial opportunities. An account at a be better off by going to their credit agreement of the parties until a designated bank or credit union provides con- unions and banks, mainstream finan- future date; or sumers with alternatives to rapid re- cial services providers, than payday (B) the authorization of the consumer to fund loans, check cashing services, and loan shops. debit the transaction account or share draft lower cost remittances. In addition, I will work to enact this legislation account of the consumer, in the amount of bank and credit union accounts provide so vital to empowering our citizens. In the advance plus a fee, where such account our current, modern, complex econ- will be debited on or after a designated fu- access to saving and borrowing serv- ture date. ices. omy, not having a bank or credit union (7) SECRETARY.—The term ‘‘Secretary’’ Low- and moderate-income individ- account severely hinders the ability of means the Secretary of the Treasury. uals are often challenged with a num- families to improve their financial con- (8) TRIBAL ORGANIZATION.—The term ‘‘trib- ber of barriers that limit their ability dition or help them navigate difficult al organization’’ has the same meaning as in

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section 4 of the Indian Self-Determination SEC. 5. PROCEDURAL PROVISIONS. HAWAII CREDIT UNION LEAGUE, and Education Assistance Act (25 U.S.C. (a) APPLICATIONS.—A person desiring a Honolulu, HI, July 28, 2008. 450b). grant under section 3 or 4 shall submit an ap- Hon. DANIEL K. AKAKA, SEC. 3. EXPANDED ACCESS TO MAINSTREAM FI- plication to the Secretary, in such form and U.S. Senate, NANCIAL INSTITUTIONS. containing such information as the Sec- Washington, DC. (a) ESTABLISHMENT OF PROGRAM.—The Sec- retary may require. DEAR SENATOR AKAKA: On behalf of the Ha- retary is authorized to award grants, includ- (b) LIMITATION ON ADMINISTRATIVE COSTS.— waii Credit Union League and its 93 affiliated ing multi-year grants, to eligible entities to A recipient of a grant under section 3 or 4 credit unions representing approximately establish an account in a federally insured may use not more than 6 percent of the total 811,000 members, I am writing in support of depository institution for low- and mod- amount of such grant in any fiscal year for the proposed Improving Access to Main- erate-income individuals that currently do the administrative costs of carrying out the stream Financial Institutions Act. This bill, not have such an account. programs funded by such grant in such fiscal which is targeted to assist low- and mod- year. (b) ELIGIBLE ENTITIES.—An entity is eligi- erate-income unbanked individuals, would go ble to receive a grant under this section, if SEC. 6. AUTHORIZATION OF APPROPRIATIONS. a long way toward helping underserved peo- such an entity is— There are authorized to be appropriated to ple achieve financial stability and independ- (1) an organization described in section the Secretary, such sums as are necessary to ence. 501(c)(3) of the Internal Revenue Code of 1986, carry out the grant programs authorized by Today’s volatile economic climate makes and is exempt from taxation under section this Act, to remain available until expended. it difficult or even unrealistic for people of 501(a) of such Code; SEC. 7. REGULATIONS. modest means to borrow money or open an (2) a federally insured depository institu- The Secretary is authorized to promulgate account at an insured depository institution. tion; regulations to implement and administer the This measure would establish grant pro- (3) an agency of a State or local govern- grant programs authorized by this Act. grams within the Department of the Treas- ment; ury to assist those who would otherwise be (4) a community development financial in- NATIONAL ASSOCIATION OF unqualified for banking services. In addition, stitution; FEDERAL CREDIT UNIONS, this measure would provide financial lit- (5) an Indian tribal organization; Arlington, VA, July 29, 2008. erary education opportunities to those ap- (6) an Alaska Native Corporation; Hon. DANIEL AKAKA, plying for loans. Financial education is an (7) a Native Hawaiian organization; U.S. Senate, invaluable service that credit unions pro- (8) a labor organization; or Washington, DC. vide, and this legislation would open more DEAR SENATOR AKAKA: I am writing on be- (9) a partnership comprised of 1 or more of doors to this service. half of the National Association of Federal the entities described in the preceding sub- Please accept our gratitude for introducing Credit Unions (NAFCU), the only national paragraphs. legislation to help the unserved residents of trade association that exclusively represents (c) EVALUATION AND REPORTS TO CON- our state and nation. Should you have any the interests of our nation’s Federal credit GRESS.—For each fiscal year in which a grant questions or concerns, please do not hesitate unions, to applaud your leadership on work- is awarded under this section, the Secretary to contact me. ing to get low- and moderate-income shall submit a report to Congress containing Sincerely, unbanked individuals into mainstream fi- a description of the activities funded, DENNIS K. TANIMOTO, nancial institutions, such as credit unions, amounts distributed, and measurable results, President. and your continued commitment to financial as appropriate and available. literacy as demonstrated in the Improving COUNCIL FOR NATIVE HAWAIIAN AD- SEC. 4. LOW COST ALTERNATIVES TO PAYDAY Access to Mainstream Financial Institutions LOANS. VANCEMENT, Act of 2008. Honolulu, HI, July 24, 2008. (a) ESTABLISHMENT OF PROGRAM.—The Sec- We believe it is important to help the Re Unbanked and Payday Lending retary is authorized to award demonstration unbanked set up credit union accounts that project grants (including multi-year grants) will allow these individuals to obtain the Hon. SENATOR DANIEL AKAKA, to eligible entities to provide low-cost, small products and services that they need, such as Hart Senate Office Building, loans to consumers that will provide alter- lower cost check cashing and remittance Washington, DC. natives to more costly, predatory payday services, as well as financial education to en- ALOHA SENATOR AKAKA: The Council for loans. courage savings and thank you for your ef- Native Hawaiian Advancement is a nonprofit (b) ELIGIBLE ENTITIES.—An entity is eligi- forts to help this cause. network of over 100 Native Hawaiian organi- ble to receive a grant under this section if Unfortunately, payday lending has also in- zations. Its mission is to enhance the cul- such an entity is— creasingly become a precarious problem for tural, economic and community develop- (1) an organization described in section many Americans. People that find them- ment of Native Hawaiians. We achieve our 501(c)(3) of the Internal Revenue Code of 1986 selves in sudden need of a financial boost and mission through policy advocacy, grant and exempt from tax under section 501(a) of individuals unfairly subjected to higher training, consultancy, leadership develop- such Code; mortgage payments with higher interest ment and connecting resources to challenges (2) a federally insured depository institu- rates often rely on payday lenders to help in our communities. tion; cover their bills. These types of loans can We believe in policies that promote asset (3) a community development financial in- worsen their current financial situation, building that empowers low and moderate in- stitution; or making the consumer even more dependent come families to increase financial asset (4) a partnership comprised of 1 or more of than before. Despite our greatest efforts to management, home ownership and small the entities described in paragraphs (1) prevent predatory lending in America, the business development. through (3). evidence shows these deceptive practices Senator, there is a clear need for inter- (c) TERMS AND CONDITIONS.— still occur. Predators continue to target spe- mediary programming that helps low and (1) PERCENTAGE RATE.—For purposes of this cific communities, such as low-income, mi- moderate income families to connect with fi- section, an eligible entity that is a federally nority, elderly and, in recent findings, the nancial services, including deposit and sav- insured depository institution shall be sub- men and women of the United States mili- ings accounts, as well as loan alternatives to ject to the annual percentage rate promul- tary. high cost payday lending practices. gated by the National Credit Union Adminis- Luckily, credit unions continue to be part CNHA has developed asset building prod- tration’s Loan Interest Rates under part 701 of the solution, not the problem. Many credit ucts that are moving families to financial of title 12, Code of Federal Regulations (or unions offer alternative loan programs that self sufficiency. For example, we developed any successor thereto), in connection with a ensure the safety and financial reprieve that the Homestead Individual Development Ac- loan provided to a consumer pursuant to this their members need. These loan programs counts (HIDA) that is assisting 30 families to section. offer consumers small unsecured loans with open savings accounts at First Hawaiian (2) FINANCIAL LITERACY AND EDUCATION OP- low interest rates and encourage financial Bank, provides financial education and helps PORTUNITIES.—Each eligible entity awarded a responsibility. We greatly appreciate your low income families to save toward the down grant under this section shall offer financial continued support of these efforts. payment on a home purchase on Hawaiian literacy and education opportunities, such as NAFCU appreciates the opportunity to trust lands. We also developed the Home relevant counseling services or educational share our thoughts on this legislation and Ownership Assistance Program (HOAP), a courses, to each consumer provided with a strongly support your dedication to this im- statewide program of the State of Hawaii, loan pursuant to this section. portant matter. Please do not hesitate to Department of Hawaiian Home Lands to ex- (d) EVALUATION AND REPORTS TO CON- contact me or NAFCU’s Associate Director pand the reach and delivery of financial lit- GRESS.—For each fiscal year in which a grant of Legislative Affairs, Amanda Slater at 703– eracy counseling to thousands of families. is awarded under this section, the Secretary 522–4770 with any questions that you may Currently, we are in the process of devel- shall submit a report to Congress containing have. oping a dedicated Earned Income Tax Credit a description of the activities funded, Sincerely, program to assist families in filing for this amounts distributed, and measurable results, FRED R. BECKER, Jr., important tax credit to claim wages they as appropriate and available. President/CEO. have earned.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7971 We support Federal legislation that will also able to establish credit and increase ConocoPhillips are celebrating. promote further connections between fami- their access to buying power for the pur- They’re feeling pretty good. And, they lies and banking services, particularly, the chase of assets. have good reason to feel that way. ‘‘unbanked’’. We also know that payday Payday loans and other financial services ExxonMobil reported today that it with high fees and interest rates undermine lending continues to be a detriment to fami- made over $11.68 billion in profits over lies on the lowest end of the income scale families’ ability to truly save and build their and would support assistance to place alter- assets. This bill will provide families with an the 2nd quarter alone, breaking its own natives to these loans in the community de- alternative to payday loans as well as the record for the largest quarterly profit velopment marketplace. opportunity to receive financial education. of any American company in the his- Mahalo for your consideration. If we can Check cashing, or payday lending, is a tory of the world. provide additional information, please con- short-term, high-interest loan that has the But, ExxonMobil is not alone. Shell’s tact me at any time at 808.596.8155 or via potential to severely impact consumers. 2nd quarter profit jumped by 33 percent email at robinhawaiiancouncil.org. Many consumers are often not aware of the to $11.56 billion; and BP’s 2nd quarter Sincerely, annual percentage rate associated with the fee structure of payday loans causing mil- profit jumped by 28 percent. ROBIN PUANANI DANNER, As a matter of fact, since George W. President and Chief Executive Officer. lions of families to struggle to meet their most basic needs to survive. Bush and DICK CHENEY have been in of- It is extremely important to protect hard fice, the five largest oil companies HAWAI’I ALLIANCE FOR COMMUNITY- working families from financial services that BASED ECONOMIC DEVELOPMENT, have made over $640 billion in profits. are predatory in nature, and stripping them Honolulu, HI, July 30, 2008 This includes $212 billion for of their hard earned income. Particularly Re Support for ‘‘Improving Access to Main- ExxonMobil; $157 billion for Shell; $125 worrisome is the practice of targeting mili- stream Financial Institutions Act of billion for BP; $80 billion for tary families. According to the Center for 2008’’ Responsible Lending, active-duty military ChevronTexaco; and $66 billion for Hon. DANIEL KAHIKINA AKAKA, personnel are three times more likely than ConocoPhillips. U.S. Senator for Hawai’i. civilians to take out a payday loan and one Believe it or not, the Big 5 oil compa- ALOHA SENATOR AKAKA: The Hawai’i Alli- in five active-duty personnel are payday bor- nies made more profits during the 2nd ance for Community-Based Economic Devel- rowers. quarter, than they did during the en- opment (HACBED) is pleased to support the The loans provided to families under the tire year of 2002. bill titled, ‘‘Improving Access to Mainstream grant in this bill would be subject to the an- Now, with the exception of my Re- Financial Institutions Act of 2008.’’ nual percentage rate promulgated by the Na- publican friends here in Congress, there Hawai’i needs comprehensive public poli- tional Credit Union Administration’s cies to help people build assets. This should (NCUA) Loan Interest Rates, which is cur- are very few people in this country who include a package of programs, tax incen- rently capped at an annual percentage rate believe the oil companies give one hoot tives, regulatory changes, and other mecha- of 18 percent. about the well-being of the American nisms to help people earn more, save more, Several credit unions have developed simi- people. Our Republican friends are say- protect hard earned assets, start businesses lar products to assist families. In Hawai’i, ing that if we just give these huge oil and become homeowners. the Windward Community Federal Credit companies more acres offshore to drill Assets are essential for three reasons: Union has developed an affordable alter- for oil, they will certainly do the right To have financial security against difficult native to payday loans to help the Marines and the other members that they serve. This thing, as they always have, for the times; to create economic opportunities for American people. Let’s just trust those oneself; and to leave a legacy for future gen- program was developed with an NCUA grant. erations to have a better life. This bill will also provide financial edu- big oil companies because they are This legislation would create the following cation to families that apply for the loans. really staying up day after day, night two grant programs within the Department As the financial market expands and be- after night, worrying about the well- of Treasury: comes more complex, having a financial edu- being of the American people. That is 1. The first program would authorize cation is extremely important for every fam- what their full-page ads in the New grants intended to help low- and moderate- ily. More than ever, financial education can York Times and all their ads on tele- income unbanked individuals to establish help families navigate the maze of financial services that exist. Providing families with a vision are telling us. bank or credit union accounts. Well, it is good to see there are at 2. The second program would provide con- financial education allows them to have choice and control over their finances so least some people in America who be- sumers with a lower cost, short term alter- lieve that. I don’t, but apparently my native to payday loans as well as financial they are able to save and build assets. We urge the Senate’s favorable consider- education. Republican colleagues do. ation of this bill that would give millions of It is proven that ‘‘banked’’ households are Let me tell you, big oil companies low- and moderate-income families the op- better of financially and more likely to build are so concerned about Americans pay- portunity to successfully enter the financial and own assets than their ‘‘unbanked’’ coun- ing high prices for gas and oil that this world. terparts. This bill will authorize grants to is what they are doing with their prof- Mahalo nui loa, assist millions of families to enter the finan- LARISSA MEINECKE, its: cial mainstream. Public Policy Associate. In 2005, ExxonMobil gave its CEO, Programs that help low- and moderate-in- Lee Raymond, a $398 million retire- come unbanked individuals to establish bank By Mr. SANDERS (for himself, ment package—one of the richest com- accounts provide families with the oppor- pensation packages in corporate his- tunity to save and build their assets. Ap- Mr. OBAMA, Mrs. CLINTON, Mr. proximately 22 million U.S. households do KENNEDY, Mr. BROWN, Ms. MI- tory. They weren’t going out looking not have a checking or savings account. KULSKI, Mr. CASEY, Mrs. BOXER, for new land to drill on, they weren’t These households depend on various high- Mr. DURBIN, and Mr. INOUYE): building more refineries, and they cost, alternative financial service providers S. 3413. A bill to achieve access to weren’t working on energy efficiency. to meet their banking needs, including comprehensive primary health care They gave their CEO a $398 million re- check-cashing stores, payday lenders, title services for all Americans and to im- tirement package. lenders, rent-to-own stores, and tax pre- prove primary care delivery through an In 2006, Occidental Petroleum, gave parers. Reliance on these types of financial expansion of the community health its CEO, Ray Irani, over $400 million in services undermines a family’s ability to sur- center and National Health Service total compensation. vive as they can become trapped in a cycle of The situation is so absurd and the debt due to high fees and interest rates. Corps programs; to the Committee on These families’ put nearly 13.3 billion dollars Health, Education, Labor, and Pen- greed of the oil companies is so out- toward predatory lending scams annually. sions. rageous that these companies are not By improving our families’ access to main- Mr. SANDERS. Mr. President, today only giving their executives huge com- stream services, we can enhance their finan- there is some good news and some bad pensation packages during their life cial security and success. Access to savings news. The bad news is that oil is at $123 here on earth, but they have also cre- and checking accounts can provide a founda- a barrel and working people are paying ated a situation, if you can believe it, tion for low- and moderate-families to begin $4 for a gallon of gas, and this coming where these oil companies have carved accumulating assets. In addition, families out huge corporate payments to the are more likely to save for assets such as winter residents of the Northeast could their children’s college education, a home, be paying over $5 for a gallon of heat- heirs of senior executives if they die in retirement, and business startup costs. By ing oil. office. I guess this is what happens entering the financial mainstream and hav- But, there is some good news. Today, when you have more money than you ing access to financial services, families are the CEOs of ExxonMobil, Shell, BP and know what to do with.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00167 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7972 CONGRESSIONAL RECORD — SENATE July 31, 2008 According to the Wall Street Jour- the money that ConocoPhillips is is that the most important thing we nal, if the CEO of Occidental Petro- spending on stock buybacks and divi- can do in terms of the energy crisis is leum dies in office, his family will get dends is enough to reduce the price of to provide more land offshore for the $115 million. The family of the CEO of gas by 9 cents a gallon throughout the oil companies to drill at a time when Nabors Industries, another oil com- entire United States. they already have some 68 million pany, would receive $288 million. This Now, I want my Republican friends acres of leased land, which they are not would be funny if it were not so pa- to listen closely. They have been say- drilling on today. thetic in the sense of the impact this ing over and over again that big oil The American people want action, type of spending has on the American desperately needs all of these windfall and there are some things we can do— people. profits to drill for more oil. not in 15 or 20 years but that we can do Not only are huge oil companies But, guess what? According to the right now. using their record-breaking profits on CEO of ConocoPhillips, James Mulva, First, we need to impose a windfall big compensation benefits for their ‘‘We like the discipline of the share re- profits tax on big oil companies so that CEOs, but they are also spending large purchase. If we find that we have more they would be prohibited from gouging sums of money buying back their own cash flow, it’s not really going to be consumers at the gas pump. stock. In other words, when they are going toward capital spending.’’ In Unfortunately, instead of taking making these very large profits, they other words, ConocoPhillips won’t use away big oil’s windfall profits and giv- are not going out drilling for more oil, their windfall profits to drill for more ing it back to the American people, Re- as our Republican friends are sug- oil, or invest in renewable energy, or publicans want to provide even more gesting. explore for new sources of oil discov- tax breaks to big oil. In fact, Sen. In fact, While Americans are strug- eries no matter how much their profits MCCAIN has a plan that would give gling to pay for the skyrocketing price rise. ExxonMobil a $1.5 billion tax break. of gasoline; big oil companies are hav- Overall, since 2005, the five biggest Now, we have heard Republicans give ing an entirely different problem. For oil companies have made $345 billion in three reasons as to why they are op- the past seven years, big oil companies profits and spent over $250 billion buy- posed to a windfall profits tax. are struggling to figure out what they ing back stock and paying dividends to First, Republicans claim that the are going to do with all of their wind- shareholders. last time Congress enacted a windfall Last year, ExxonMobil spent 850 per- fall profits. profits tax in 1981 it had the effect of Let me quote from a headline taken cent more buying back its own stock increasing our dependence on foreign from the front page of the Wall Street than it did on capital expenditures in oil. Wrong. Mr. President, when Con- Journal way back on July 30 of 2001, the United States. gress repealed the windfall profits tax The $38 billion in windfall profits ‘‘Pumping Money: Major Oil Compa- in 1988, the U.S. was importing 7.4 mil- that ExxonMobil gave back to share- nies Struggle to Spend Huge Hoards of lion barrels of oil a day. Today, the holders last year could have been used Cash.’’ According to this 2001 article, U.S. is importing over 13.4 million bar- to reduce gas prices at the pump ‘‘Royal Dutch/Shell Group said it was rels of oil a day. We are far more de- throughout the United States by 27 pendent on foreign oil today without a pumping out $1.5 million in profit an cents a gallon for the entire year. hour and sitting on more than $11 bil- Mr. President, let’s not kid ourselves. windfall profits tax than we were 20 lion in the bank.’’ That was in 2001. One of the major reasons as to why years ago when we had a windfall prof- Since that time Shell’s profits have Americans are getting ripped-off at the its tax. more than tripled. gas pump has to do with the tremen- Secondly, my Republican friends tell On April 18, 2005, Fortune Magazine dous power and influence that big oil us that the windfall profits tax didn’t published an article with the Headline companies have in the Congress. As a work because Congress repealed it in ‘‘Poor Little Rich Company,’’ referring matter of fact, since 1998, the oil and 1988. That is also wrong. While I would to ExxonMobil. According to this arti- gas industry has spent over $616 mil- have structured it differently, the fact cle, ‘‘ExxonMobil CEO Lee Raymond, lion on lobbying activities. of the matter is that from 1981 until suddenly has a new anxiety: how to Who have they hired? Well, on April 1988 when the windfall profits tax was spend the windfall wrought by $55 a 8 of this year, The Hill reported that repealed, the price of oil fell from $35 a barrel oil. By the end of April [of 2005], Chevron hired former Majority Leader barrel to less than $15 a barrel. In addi- Exxon will have a cash hoard of more Trent Lott, a Republican; former Sen- tion, gas prices at the pump fell from than $25 billion. . . . At a time when ator John Breaux, a Democrat; their $1.35 a gallon to 90 cents a gallon—a domestic energy production is declin- sons Chester Trent Lott, Jr. and John drop of 45 cents a gallon. And the Fed- ing and drivers are paying a record Breaux, Jr.; and Trent Boyles, who was eral Government collected over $80 bil- $2.15 a gallon [remember, this was in Lott’s Chief of Staff to lobby Congress lion in revenue. 2005], American consumers, not to men- on issues relating to trade, climate The reason why the windfall profits tion politicians, are likely to start fo- change, and energy taxes. tax was repealed was due to low oil and cusing on whether Exxon is spending ExxonMobil has hired former Senator gas prices, which makes perfect sense. enough to find oil and gas. While Exxon Don Nickles, a Republican from Okla- If oil and gas prices are low, big oil is returning more money to share- homa, who served in this body for 24 companies are not making windfall holders via dividends and buying back years, to lobby Congress on behalf of profits and there is no need for a wind- more of its stock, its spending on drill- their issues. fall profits tax. If gas prices at the ing and other development activities These are just a few of the hundreds pump were only 90 cents a gallon, I actually declined in 2004—even though of lobbyists that big oil and gas compa- would be one of the first Senators to crude prices jumped by a third.’’ That nies have hired to influence Congress, say we don’t need a windfall profits was when the price of oil was $55 a bar- many of them former Senators, former tax. But, they are not. They are over $4 rel and gas was $2.15 a gallon. Today oil Congressmen, and former Congres- a gallon. is over $123 a barrel and gas is about $4 sional staffers. Finally, Republicans claim that big a gallon. That is one of the reasons why, oil companies need to keep their wind- What is happening today? Big oil among many other reasons, this Con- fall profits so that they can increase companies are spending even more on gress, in recent years, has decided to production and build more refineries. stock buybacks and CEO compensation give some $18 billion in tax breaks to That particular argument is laughable. and less on trying to produce more oil. oil companies despite their record- Big oil companies have been making For example, ConocoPhillips recently breaking profits. windfall profits for over seven long announced that it plans to give all of In addition, since 1990 big oil compa- years—and they are not using these the $12 billion in profits it made last nies have made over $213 million in profits to build more refineries and year back to shareholders, paying more campaign contributions. And that is a they are not using it to expand produc- than $3 billion in dividends and spend- simple fact. tion. Instead, they are using this ing the rest to buy back shares of its Lo and behold, what we are hearing money to buy back their own stock, in- own stock. To put this in perspective today—just coincidentally, no doubt— crease dividends to their shareholders,

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00168 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7973 and enrich their CEOs, as I have ex- begins to seriously address this prob- Whereas, under the previous strategy, the plained earlier. lem. We need to pass this bill as soon overwhelming majority of United States Not only do we need to impose a as possible. combat forces were concentrated on a small windfall profits tax on these extremely The bottom line is that it is time for number of large forward operating bases and were not assigned the mission of providing powerful oil corporations, but we also the United States Senate to say no to security for the people of Iraq against insur- have to address what I perceive is a big oil companies and greedy hedge gents, terrorists, and militia fighters, in part growing understanding that Wall fund managers and yes to the Amer- because there were insufficient members of Street investment banks, such as Gold- ican people. the United States Armed Forces in Iraq to do man Sachs, Morgan Stanley, JPMorgan f so; Chase, and hedge fund managers are Whereas, as an integral component of the SUBMITTED RESOLUTIONS driving up the price of oil in the un- surge, approximately 5 additional brigades and 2 United States regulated energy futures market. In Marine Corps battalions were deployed to other words, they are speculating on SENATE RESOLUTION 636—RECOG- Iraq; energy futures and driving up prices. NIZING THE STRATEGIC SUC- Whereas, as an integral component of the There are estimates that 25 to 50 per- CESS OF THE TROOP SURGE IN surge, members of the United States Armed cent of the cost of a barrel of oil is at- IRAQ AND EXPRESSING GRATI- Forces were deployed out of large forward tributable to unregulated speculation TUDE TO THE MEMBERS OF THE operating bases onto small bases throughout Baghdad and other key population centers, on oil futures. We have heard from UNITED STATES ARMED FORCES some leading energy economists, and partnering with the Iraqi Security Forces to WHO MADE THAT SUCCESS POS- provide security for the local population we have heard from people in the oil in- SIBLE against insurgents, terrorists, and militia dustry themselves who tell us that 25 Mr. LIEBERMAN (for himself, Mr. fighters; to 50 percent of the cost of a barrel of GRAHAM, Mr. MCCAIN, Mr. ENZI, Mr. Whereas additional members of the United oil today is not due to supply and de- States Armed Forces began moving into Iraq MARTINEZ, Mr. BOND, Mr. WICKER, Mr. mand or the cost of production but is in January 2007 and reached full strength in CORNYN, Mr. CRAPO, Mr. ALLARD, Mr. due to manipulation of markets and ex- June 2007; THUNE, Mr. BARRASSO, and Mr. INHOFE) cessive speculation. In essence, Wall Whereas, as a consequence of the addi- submitted the following resolution; tional forces needed in Iraq, in April 2007 the Street firms are making billions as which was referred to the Committee United States Army added 3 months to the they artificially drive up oil prices by on Armed Services: standard year-long tour for all active duty buying, holding, and selling huge soldiers in Iraq and Afghanistan, and the S. RES. 636 amounts of oil on dark unregulated United States Marine Corps added 3 months markets. Whereas, by the end of 2006, it had become to the standard 6-month tour for all active clear that, despite exceptional efforts and Some of my Republican friends claim duty Marines in Iraq and Afghanistan; sacrifices on the part of the United States Whereas, as an integral component of the that the increase in the price of oil has Armed Forces in Iraq, the United States was nothing to do with speculation, but it surge, members of the United States Armed pursuing a failed strategy in Iraq; Forces began simultaneous and successive is interesting to me that we have had Whereas, by the end of 2006, large-scale sec- offensive operations, in partnership with the executives of major oil companies— tarian violence was accelerating throughout Iraqi Security Forces, of unprecedented major oil companies—who have come Iraq, al Qaeda had established significant breadth, continuity, and sophistication, before Congress and who are saying, safe havens there, militias sponsored by the striking multiple enemy safe havens and ‘‘Why is oil $125, $130, and $140 a bar- Government of Iran had seized effective con- lines of communication at the same time; trol of large swaths of Iraq, and the Govern- Whereas, as an integral component of the rel?’’ Do you know what they say? The ment of Iraq was suffering from political pa- CEO of Royal Dutch Shell testified be- surge, additional members of the United ralysis; States Armed Forces were deployed to Anbar fore Congress and said: ‘‘The oil fun- Whereas, by the end of 2006, insurgents and province to provide essential support to the damentals are no problem. They are death squads were killing more than 3,000 ci- nascent tribal revolt against al Qaeda in the same as they were when oil was vilians in Iraq each month and coalition that province; selling for $60 a barrel.’’ forces were sustaining more than 1,200 at- Whereas those additional members of the This is not some radical economist. tacks each week; United States Armed Forces played a critical It is not some left-winger. This is a guy Whereas, in December 2006, the Iraq Study role in the success and spread of anti-Qaeda who is the head of Royal Dutch Shell. Group warned that ‘‘the United States is fac- Sunni tribal groups in Anbar province and ing one of its most difficult and significant The CEO of Marathon Oil recently subsequently in other regions of Iraq; international challenges in decades’’ in Iraq Whereas, since the start of the surge in said: ‘‘$100 oil isn’t justified by the and that ‘‘Iraq is vital to regional and even January 2007, there have been marked and physical demand in the market.’’ global stability, and is critical to U.S. inter- hopeful improvements in almost every polit- I know my Republican friends have a ests’’; ical, security, and economic indicator in lot of respect for the oil industry, a Whereas, in December 2004, Osama bin Iraq; great competence in them. They love Laden said the following of the war in Iraq: Whereas, in 2007, General Petraeus de- them and give them huge tax breaks. ‘‘The most important and serious issue today scribed Iraq as ‘‘the central front of al So maybe they should listen to what for the whole world is this Third World War. Qaeda’s global campaign’’; some of these guys are saying in terms . . . The world’s millstone and pillar is Bagh- Whereas, in 2008, as a consequence of the dad, the capital of the caliphate.’’; success of the surge, al Qaeda has been dealt of oil speculation. Whereas, on January 10, 2007, in an address what Director of Central Intelligence Mi- For those who believe that excessive to the Nation, President George W. Bush ac- chael Hayden assesses as a ‘‘near strategic speculation is not causing oil prices to knowledged that the situation in Iraq was defeat’’ in Iraq; climb higher, let me just say this. Over ‘‘unacceptable’’ and announced his intention Whereas, as a consequence of the success of the past 7 years, Enron; BP; and Ama- to put in place a new strategy, subsequently the surge, militias backed by the Govern- ranth were caught redhanded manipu- known as ‘‘the surge’’; ment of Iran have been routed from major lating the price of electricity; propane; Whereas President Bush nominated and population centers in Iraq and no longer con- and natural gas. Each time, supply and the Senate confirmed General David H. trol significant swaths of territory; Petraeus as the Commander of Multi-Na- Whereas, as a consequence of the success of demand was to blame and each time tional Forces-Iraq, a position he assumed on the surge, sectarian violence in Iraq has fall- the pundits were proven wrong. Exces- February 10, 2007; en dramatically and has been almost en- sive speculation; manipulation and Whereas General Petraeus, upon assuming tirely eliminated; greed were the cause. Enron employees command, and in partnership with Lieuten- Whereas, as a consequence of the success of are in jail for manipulating the elec- ant General Raymond Odierno, the Com- the surge, overall insurgent attacks have tricity market in 2001; BP was forced mander of Multi-National Corps-Iraq, and fallen by approximately 80 percent since to pay a $300 million fine for manipu- United States Ambassador to Iraq Ryan June 2007 and are at their lowest level since lating propane prices in 2004; and the Crocker, developed a comprehensive civil- March 2004; military counterinsurgency campaign plan Whereas, as a consequence of the success of Amaranth hedge fund collapsed after to reverse Iraq’s slide into chaos, defeat the the surge, United States casualties in Iraq manipulating natural gas prices in enemies of the United States in Iraq, and, in have dropped dramatically and United States 2006. partnership with the Iraqi Security Forces combat deaths in Iraq in July 2008 were The Stop Excessive Speculation Act and the Government of Iraq, reestablish se- lower than in any other month since the be- introduced by Majority Leader REID curity across the country; ginning of the war;

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7974 CONGRESSIONAL RECORD — SENATE July 31, 2008 Whereas, as a consequence of the success of Whereas Cell-based supercomputer tech- bles the previous record. We can be the surge, the Government of Iraq has made nology of IBM is the most energy efficient in very proud this achievement for Amer- significant strides in advancing sectarian the world; ican science and technology. It high- reconciliation and achieving political Whereas the new high-performance com- lights the essential role our national progress, including the passage of key bench- puting capabilities enabled by hybrid mark legislation; Opteron-Cell machines of IBM in the Road- laboratories play in advancing the Whereas, as a consequence of the success of runner supercomputer of Los Alamos Na- state of the art for high performance the surge, the Iraqi Security Forces have im- tional Laboratory enhance and improve computing—a vital component of our proved markedly and approximately 70 per- United States competitiveness; national security and scientific leader- cent of Iraqi combat battalions are now lead- Whereas from maintaining employment ship. ing operations in their areas; and records for millions of people of the United Every year, computing power in- Whereas, as a consequence of the success of States, to providing technology to help the creases at a pace set by America’s na- United States run the Ballistic Missile Early the surge, General Petraeus concluded in tional laboratories. From developing 2008 that conditions on the ground in Iraq Warning System, land on Mars, end the could permit the additional brigades and bat- physical testing of atomic weapons, and now advanced computing architectures and talions dispatched to Iraq in 2007 as part of help national security by ensuring the safety algorithms, to creating effective means the surge to be safely redeployed without re- of the nuclear weapons stockpile of the for storing and viewing the enormous placement, and all such brigades and battal- United States and researching issues of crit- amounts of data generated by these ions have been successfully withdrawn with- ical importance such as human genome machines, the laboratories have made out replacement: Now, therefore, be it science and climate change, the partnership high performance computing a reality. Resolved, That the Senate— of IBM with the Federal Government and the These applications go well beyond se- dedication of that partnership to solving (1) commends and expresses its gratitude curity and basic science. The labora- to the men and women of the United States critical problems that are seemingly impos- Armed Forces for the service, sacrifices, and sible have remained unrivaled and relentless tories have worked hard to transition heroism that made the success of the troop for more than 80 years; these capabilities to academia and in- surge in Iraq possible; Whereas the Roadrunner supercomputer is dustry, simulating complex industrial (2) commends and expresses its gratitude the most recent achievement of long-stand- processes and their environmental im- to General David H. Petraeus, General Ray- ing science and technology leadership of Los pact, including global climate change. mond Odierno, and Ambassador Ryan Crock- Alamos National Laboratory, from the Man- Collaborations with the private sec- er for the distinguished wartime leadership hattan Project to the role of the Laboratory tor have also driven down the cost, so that made the success of the troop surge in today as a premier national security science laboratory; and that now high performance does not Iraq possible; mean high expense. This has had an (3) recognizes the success of the troop Whereas, the Roadrunner supercomputer surge in Iraq and its strategic significance in funding was initiated with $35,000,000 in the enormous impact, placing advanced advancing the vital national interests of the Energy and Water Development Appropria- computing within reach of an ever United States in Iraq, the Middle East, and tions Act, 2006 (Public Law 109–103): Now, wider circle of users. the world, in particular as a strategic vic- therefore, be it These achievements did not happen tory in a central front of the war on ter- Resolved, That the Senate honors the vi- by accident. They required planning, sionary and extraordinary work of Los Ala- rorism; and commitment and follow through. In- (4) recognizes that the hard-won gains mos National Laboratory and IBM for— (1) pushing the barriers of science and pro- deed, the Roadrunner began as an ear- achieved as a result of the troop surge in mark in the fiscal year 2006 appropria- Iraq are significant but not yet permanent viding the United States with historical and that it is imperative that no action be high-performance computing capabilities tions bill. Congress must ensure that taken that jeopardizes those gains or dis- that will allow some of the most challenging the world class simulation capabilities honors the service and sacrifice of the men problems in science and engineering to be within the complex are maintained and and women of the United States Armed solved; and investments are made to drive future Forces who made those gains possible. (2) achieving the capability to make innovation. petaflop calculations, which— f (A) is considered a crucial milestone inter- We must continue to raise the bar, giving our best and brightest new goals SENATE RESOLUTION 637—TO nationally; (B) is considered a sign of the competitive- to work toward, ensuring that America HONOR THE VISIONARY AND EX- ness of the United States in the critical new will retain its technical leadership in TRAORDINARY WORK OF LOS AL- area of high-performance computing capa- advanced computing. AMOS NATIONAL LABORATORY bility; and I hope my colleagues will join me in AND IBM ON THE ROADRUNNER (C) will allow the United States to solve recognizing Los Alamos National Lab- SUPERCOMPUTER even bigger and more complex problems from oratory and IBM for reaching yet an- the safety of the nuclear deterrent of the other milestone in supercomputing. Mr. DOMENICI (for himself and Mr. United States to human genome science and BINGAMAN) submitted the following res- climate change. In particular, I want to commend the members of the Roadrunner team. olution; which was referred to the Mr. DOMENICI. Mr. President, I From Los Alamos: Sriram Committee on Energy and Natural Re- come to the floor today to introduce a Swaninarayan, Paul Henning, Adolfy sources: resolution to recognize the achieve- Hoisie, Guy Dimonte, Darren S. RES. 637 ment of a major scientific milestone by Kerbyson, Brian Albright, Tim Whereas on May 26, 2008, the Roadrunner two great American institutions—Los supercomputer of the Los Alamos National Alamos National Laboratory and Germann, Ben Bergen, Ken Koch, Laboratory broke a historic barrier by being IBM—to build the first supercomputer Manuel Vigil, Randal Rheinheimer, powerful enough to run at a petaflop, to break the ‘‘petaflop’’ barrier in Parks Fields, John Cerutti. 1,000,000,000,000,000 calculations per second, supercomputing. A petaflop is a mil- From IBM: Nicholas Donofrio, Cor- making the Roadrunner supercomputer the lion, billion calculations per second. nell Wright, William Zeitler, David fastest computer in the world; Turek, Don Grice, and Catherine Whereas International Business Machines Think of that—a million, billion cal- culations in a second. If every human Crawford. Corporation (referred to in this resolution as Participants from academia included ‘‘IBM’’) and Los Alamos National Labora- being on the planet were given a calcu- tory overcame the challenges of techno- lator it would take 50 years to do what Steven Zuker of Yale University and logical innovation to achieve a petaflop this supercomputer can do in a single James DiCarlo from the Massachusetts ahead of schedule; day. Institute of Technology. Whereas the Roadrunner supercomputer This supercomputer is called the Congratulations on a job well done. will enable the United States to tackle new ‘‘Roadrunner’’ and was developed coop- Top 10 Fastest Supercomputers in and more challenging problems; eratively by the Los Alamos National the World (June 2008). Whereas the Roadrunner supercomputer Laboratory and IBM—two American Name, Location, Speed (TFlop/s). will be primarily devoted to national secu- 1. Roadrunner (IBM), Los Alamos, rity in the United States and will be used for institutions which have a long and ensuring the safety and reliability of the prestigious history in delivering major NM (NNSA), 1026.0. weapons stockpile of the United States and technological breakthroughs for the 2. Blue Gene/L (IBM), Livermore, CA for research in astrophysics, materials Nation. (NNSA), 478.2. science, energy research, medicine, and bio- The Roadrunner is the fastest com- 3. Blue Gene/P (IBM), Argonne, IL technology; puter in the world. It more than dou- (DOE), 450.3.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7975 4. Ranger (Sun), Univ. of Texas, TX, Whereas uninsured women with breast can- tees health care for all women and health 326.0. cer are 30 to 50 percent more likely to die care for all people of the United States and 5. Jaguar (Cray), Oak Ridge, TN from the disease, and uninsured women are 3 that— (DOE), 205.0. times less likely to have had a Pap test in (1) recognizes the special role that women 6. JUGENE (IBM), Juelich, Germany, the last 3 years, with a 60 percent greater play as health care consumers, caregivers, risk of late-stage cervical cancer; and providers; 180.0. Whereas 13 percent of all pregnant women 7. Encanto (SGI), NMCAC, NM, 133.2. (2) guarantees inclusion of health care ben- are uninsured, making them less likely to efits essential to achieving and maintaining 8. EKA (HP), TATA SONS, India, seek prenatal care in the 1st trimester and good health, including comprehensive repro- 132.8. to receive the optimal number of visits dur- ductive health, pregnancy-related, and in- 9. Blue Gene/P (IBM), IDRIS, France, ing their pregnancies, and 31 percent more fant care; 112.5. likely to experience an adverse health out- (3) promotes primary and preventive care, 10. SGI Altix ICE (SGI), Total Explo- come after giving birth; including family planning, contraceptive eq- ration, France, 106.1. Whereas the lack or inadequate use of pre- uity, and care continuity; natal care is associated with pregnancy-re- f (4) provides a choice of public and private lated mortality rates 2 to 3 times higher and plans and direct access to a choice of doctors SENATE RESOLUTION 638—SUP- infant mortality rates 6 times higher than and health providers that ensures continuity PORTING LEGISLATION PRO- that of women receiving early prenatal care, of coverage and a delivery system that meets MOTING IMPROVED HEALTH as well as increased risk of low birthweight the needs of women; CARE AND ACCESS TO HEALTH and preterm birth; (5) eliminates health disparities in cov- Whereas heart disease is the leading cause CARE FOR WOMEN erage, treatment, and outcomes on the basis of death for both women and men, but of gender, culture, race, ethnicity, socio- Ms. STABENOW (for herself and Mr. women are less likely to receive lifestyle economic status, health status, and sexual OBAMA, Ms. KLOBUCHAR, Ms. CANTWELL, counseling, diagnostic and therapeutic pro- orientation; Mrs. MCCASKILL, Ms. MIKULSKI, Mrs. cedures, and cardiac rehabilitation and more (6) shares responsibility for financing MURRAY, Mrs. CLINTON, Mrs. BOXER, likely to die or have a 2nd heart attack, among employers, individuals, and the gov- demonstrating inequalities in access to care; Mr. KENNEDY, and Mrs. FEINSTEIN) sub- ernment while taking into account the needs Whereas health care disparities persist, mitted the following resolution; which of small businesses; leaving Hispanic and Native American (7) ensures that access to health care is af- was referred to the Committee on women and children 3 times more likely and Health, Education, Labor, and Pen- fordable; African Americans nearly twice as likely to (8) enhances quality and patient safety; sions: be uninsured as non-Hispanic Whites; (9) promotes administrative efficiency, re- Whereas, in 2005, nearly 80 percent of the S. RES. 638 duces unnecessary paperwork, and is easy for female population infected with the human Whereas women are the health care deci- health care consumers and providers to uti- immunodeficiency virus (HIV) was Black or lize; and sionmakers for themselves and their fami- Hispanic, and the incidence rates of HIV and (10) ensures a sufficient supply of qualified lies; acquired immunodeficiency syndrome providers through expanded medical and pub- Whereas women want affordable health (AIDS) are dramatically higher for Black lic health education and adequate reimburse- care they can count on throughout life tran- and Hispanic women and adolescents (60.2 ment. sitions, such as starting a family, job and 15.8 per 100,000, respectively) than for changes, part-time and full-time work, di- White women and adolescents (3.0 per Ms. STABENOW. Mr. President, I vorce, caring for an elderly or sick family 100,000); rise today to issue a challenge on the member, having a major disease, or retiring; Whereas women are less likely than men to need to reform health care. The resolu- Whereas women with good health coverage be insured through their jobs and more like- tion I am introducing today with my worry about keeping their coverage and ac- ly to be insured as a dependent, making friend and colleague, Representative cess to their providers; them more vulnerable to insurance loss in JAN SCHAKOWSKY, calls on Congress to Whereas women are more likely to seek es- the event of divorce or death of a spouse; sential preventive and routine care than are Whereas 64 percent of uninsured women are send a plan to the next President that men, are more likely to have a chronic in families with at least 1 adult working full- will ensure high-quality and affordable health condition, and are more likely to take time; health care for women and for all. I a prescription drug on a daily basis; Whereas health care costs are increasingly also am proud to be joined by my col- Whereas women pay 68 percent more than unaffordable for working families and em- leagues, Senators OBAMA, KLOBUCHAR, men for out-of-pocket medical costs, due in ployers, with employer-sponsored health in- CANTWELL, MCCASKILL, MIKULSKI, MUR- large part to reproductive health care needs; surance premiums increasing 87 percent RAY, CLINTON, BOXER, and KENNEDY. Whereas more than half of underinsured since 2000; We spend twice as much on health women (53 percent) and 2⁄3 of uninsured Whereas America’s 9,100,000 women-owned care as any other industrialized nation, women (68 percent) forego needed care, and businesses employ 27,500,000 people, con- about half of the underinsured (45 percent) tribute $3,600,000,000 to the economy, and yet we have an unacceptably high num- and uninsured (51 percent) report difficulty face serious obstacles in obtaining affordable ber of Americans without health insur- paying medical bills; health coverage for their employees; ance—nearly 50 million. Millions more Whereas, in 2004, 1 in 6 women with indi- Whereas the lack of affordable health cov- are also underinsured and have less vidual coverage reported postponing or going erage creates barriers for women who want coverage than they need. We are without needed care because she couldn’t af- to change jobs or create their own small blessed with the best doctors, nurses, ford it; businesses; Whereas high-deductible health plans are and other health providers in the world Whereas health care professionals and but rank 43rd in the world in infant often targeted to young women as an inex- workers—a significant portion of whom are pensive health coverage option, but fail to women—have a stake in achieving reform mortality. cover pregnancy-related care, the most ex- that allows them to provide the highest We are all in this together. From pensive health event most young families quality care for their patients; working families to the uninsured, face and the leading reason for hospital Whereas 56 percent of all caregivers are from multinational corporations to stays; women; small businesses, we all face challenges Whereas 75,000,000 adults (42 percent of the Whereas the United States spends twice as in making sure Americans get the under-65 population) had either no insurance much on health care as the median industri- quality, affordable health care they or inadequate insurance in 2007, up from 35 alized nation, our health care system ranks need, when they need it. Rising costs percent in 2003; near the bottom on most measures of health Whereas 47,000,000 people, nearly 16 percent status among the 30 developed nations of the are crippling our businesses and our of the United States population, are unin- Organisation for Economic Co-operation and economy. Health care costs make large sured, including 17,000,000 adult women ages Development (OECD), and 37th in overall businesses, like Michigan’s auto- 18 to 64 (18 percent) and 9,000,000 children (12 health performance among 191 nations; and makers, less competitive globally and percent); Whereas the National Institutes of Medi- threaten the survival of small firms. Whereas the Institute of Medicine esti- cine (NIH) estimates that the cost of achiev- We must ensure that no child is de- mated that lack of health insurance cov- ing full insurance coverage in the United nied doctor visits, no pregnant woman erage resulted in 18,000 excess deaths in the States would be less than the loss in eco- has to choose between prenatal care United States in 2000 (a number which the nomic productivity from existing coverage and her rent, and no working family Urban Institute estimates grew to 22,000 by gaps: Now, therefore, be it 2006) and that acquiring health insurance re- Resolved, That the Senate commits to pass, pays high premiums every month only duces mortality rates for the uninsured by 10 and urges the President sign into law, within to find that the care they most need to 15 percent; the next 18 months, legislation that guaran- isn’t covered. And we need to end

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7976 CONGRESSIONAL RECORD — SENATE July 31, 2008 health care disparities that affect studying multimodal transportation im- S. RES. 640 women. For example, heart disease is a provements between Denver and Boulder in Whereas the United States has the highest leading cause of death for both women the U.S. 36 Corridor environmental impact rate of preventable deaths among 19 industri- and men but women are less likely to statement since 2003; alized countries and lags behind 28 other Whereas public comments received in the members of the United Nations in life ex- receive lifestyle counseling or other process of developing the environmental im- medical intervention and more likely pectancy; pact statement sought a transportation solu- Whereas various research studies suggest to die or have a second heart attack. tion that further reduced the impacts on the that nearly 60 percent of premature deaths Women understand these hard community and the environment, minimized in the United States are attributable to envi- choices and are calling on Congress to project costs, and improved mobility of peo- ronmental conditions, social circumstances, find a solution. As mothers with young ple and goods; or behavioral choices that could be pre- children, women with aging parents, Whereas the U.S. 36 Corridor project, as de- vented; small business owners, health profes- veloped through the environmental impact Whereas more money is spent each year on statement process, is a national model for health care in the United States than in any sionals and health care consumers, congestion mitigation measures, which may women confront problems in our health other country in the world; combine tolling, public transit, technology, Whereas, of the more than $2,200,000,000,000 care system every day. teleworking, and bikeway options that can spent on health care in the United States We are pleased to have the support of be quickly implemented and have an imme- each year, less than 4 cents out of every dol- diate impact; numerous groups representing physi- lar are spent on improving public health and Whereas the U.S. 36 Corridor could become cians, women, and families, including preventing diseases and injuries; a premier transportation corridor, complete the American College of Obstetricians Whereas chronic diseases are the leading with bus rapid transit, high occupancy vehi- and Gynecologists, Planned Parent- cause of preventable death and disability in cle lanes, and safe bicycling lanes; the United States, accounting for 7 out of hood, the National Women’s Law Cen- Whereas the U.S. 36 Corridor project rep- every 10 deaths and killing more than ter, and the National Partnership for resents a thoughtful, comprehensive ap- 1,700,000 people in the United States each Women and Families. proach to congestion on the Nation’s road- year; There is much work to be done to ways; Whereas those often preventable chronic change our health care system and it is Whereas a record of decision will be issued diseases account for approximately 75 per- going to take everyone’s best effort, in 2009, which will permit construction to commence on the U.S. 36 Corridor project; cent of health care spending in the United working together, to achieve it. Amer- States each year, including more than 96 ica’s families, businesses, and providers Whereas the U.S. 36 Corridor project was among the highest ranked congestion miti- cents out of every dollar spent under the cannot wait any longer. This resolu- gation proposals submitted under the De- Medicare program and more than 83 cents tion is a first step and a signal that we partment of Transportation’s Urban Partner- out of every dollar spent under the Medicaid need to roll up our sleeves and get to ship Agreement Program; and program; work. Whereas it is important that Congress find Whereas those chronic diseases cost the United States an additional $1,000,000,000,000 f innovative ways to fund regionally signifi- cant transportation projects, especially each year in lost productivity and are a SENATE RESOLUTION 639—RECOG- projects that will improve air quality, ex- major contributing factor to the overall poor NIZING THE BENEFITS OF pand transportation choice, reduce conges- health that is placing the Nation’s economic TRANSPORTATION IMPROVE- tion, and provide access to bicycle and pedes- security and competitiveness in jeopardy; trian facilities: Now, therefore, be it Whereas the number of people with chronic MENTS ALONG THE UNITED diseases is rapidly increasing, and it is esti- STATES ROUTE 36 CORRIDOR TO Resolved, That the Senate— (1) commends the members of the Mayors mated that by 2050 nearly half of the popu- COMMUNITIES, INDIVIDUALS, and Commissioners Coalition, the Colorado lation of the United States will suffer from AND BUSINESSES IN COLORADO Department of Transportation, the Regional at least one chronic disease if action is not Mr. SALAZAR (for himself and Mr. Transportation District, and the businesses taken; Whereas the use of clinically-based preven- ALLARD) submitted the following reso- that support 36 Commuting Solutions, a pub- tive services has been demonstrated to pre- lution; which was referred to the Com- lic-private nonprofit organization, for their commitment, dedication, and efforts to pro- vent or result in early detection of cancer mittee on Environment and Public ceed with the United States Route 36 cor- and other diseases, save lives, and reduce Works: ridor project; overall health care costs; and S. RES. 639 (2) recognizes the benefits for mobility, the Whereas research has shown that investing Whereas the Colorado communities of environment, and quality of life that would in community-level interventions that pro- Westminster, Louisville, Superior, Broom- be gained by investing in transportation im- mote and enable proper nutrition, increased field, Denver, and Boulder have united in provements along the United States Route 36 access to physical activity, and smoking ces- support of transportation improvement corridor, throughout Colorado and else- sation programs can prevent or mitigate along the United States Route 36 corridor (in where; and chronic diseases, improve quality of life, in- this preamble referred to as the ‘‘U.S. 36 Cor- (3) supports Federal transportation invest- crease economic productivity, and reduce ridor’’); ments along United States Route 36, health care costs: Now, therefore, be it Whereas communities in Denver, Adams, throughout Colorado, and elsewhere that re- Resolved, That the Senate— Broomfield, Jefferson, and Boulder counties, duce congestion, reduce carbon emissions, (1) recognizes that, in order to reduce the which have experienced unprecedented levels improve mobility, improve access to transit disease burden and health care costs associ- of growth since the early 1990s, are con- for bicyclists and pedestrians, reduce vehicle ated with preventable diseases and injuries, nected by the U.S. 36 Corridor; miles traveled, reduce dependence on foreign it is imperative that the United States Whereas the area’s rapid growth has out- oil, support mass transit, include intelligent strengthen its public health system— paced its transportation needs and is imped- transportation systems, and implement trav- (A) to provide all people in the United ing the efficient movement of people and el demand management strategies. States with the information, resources, and goods; environment necessary to make healthier Whereas the U.S. 36 Corridor exemplifies f choices and live healthier lives; and the congestion challenges facing the fastest- (B) to protect all people in the United growing sections of States in the American SENATE RESOLUTION 640—EX- States from health threats beyond their con- West; PRESSING THE SENSE OF THE trol, such as bioterrorism, natural disasters, Whereas the U.S. 36 Corridor is a dynamic SENATE THAT THERE SHOULD infectious disease outbreaks, and environ- travel corridor with bi-directional travel to BE AN INCREASED FEDERAL mental hazards; and from the multiple communities through- COMMITMENT TO PUBLIC (2) commits to creating public health out the day; strategies to eliminate health disparities Whereas addressing congestion along the HEALTH AND THE PREVENTION and improve the health of all people in the U.S. 36 Corridor is critical to the work and OF DISEASES AND INJURIES FOR United States, regardless of race, ethnicity, school commutes of thousands of Coloradans ALL PEOPLE IN THE UNITED or socioeconomic status; between communities in the Denver metro- STATES (3) supports the prioritizing of public poli- politan area and Boulder; Mr. CARDIN (for himself and Mrs. cies focusing on the prevention of disease Whereas the Colorado Department of and injury; Transportation and the Regional Transpor- CLINTON) submitted the following reso- (4) calls for community-based programs to tation District, in conjunction with the Fed- lution; which was referred to the Com- support healthy lifestyles, including pro- eral Highway Administration and the Fed- mittee on Health, Education, Labor, grams that promote proper nutrition and in- eral Transit Administration, have been and Pensions: creased access to physical activity;

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7977 (5) urges the expansion of clinical preven- treatable when discovered early. Most talent from diverse radio programming for- tive activities, including screenings and im- cases of the disease begin as non-can- mats; munizations; and cerous polyps which can be detected Whereas, each November since 1992, signifi- (6) pledges to help significantly improve and removed during routine screen- cant radio figures have been honored for the health of all people in the United States their excellence in the field of radio by being by supporting increased investment in Fed- ings—preventing the development of inducted into the National Radio Hall of eral public health programs. colorectal cancer. Screening tests also Fame; Mr. CARDIN. Mr. President, I rise save lives even when they detect polyps Whereas James C. Dobson, Ph.D., is found- today to introduce a resolution pro- that have become cancerous by catch- er and chairman of Focus on the Family; ing the disease in its earliest, most Whereas the Focus on the Family radio moting increased investment in pre- program first aired in 1977 and now is heard ventive health and public health. curable stages. The cure rate is up to 93 percent when colorectal cancer is dis- through more than 3,000 radio outlets in Our Nation’s annual health expendi- North America and in 27 languages in over tures have reached the astonishing covered early. 160 other countries; total of $2.2 trillion, or approximately We must also promote changes in Whereas the Focus on the Family radio $7,000 for each American. Our health lifestyles, community-based interven- program has benefitted the lives of families expenditures also represent 16 percent tions, to improve our health status. and individuals across the United States and of the gross domestic product. That’s a This means encouraging and enabling around the world; higher percentage of GDP than any proper nutrition, increasing our level Whereas the Focus on the Family radio other nation as well as a higher of physical activity, supporting smok- program has been named as a 2008 inductee ing cessation programs for those who to the National Radio Hall of Fame; and amount per capita. Whereas the Focus on the Family radio But what are we getting for our smoke now, and educating youth about program is the first faith-based radio pro- health care dollars? Rankings from the the dangers of smoking. gram to receive this honor: Now, therefore, Organisation for Economic Coopera- Trust for America’s Health has just be it tion and Development, OECD, consist- released a report entitled ‘‘Prevention Resolved, That the Senate congratulates ently show the United States ranking for a Healthier America.’’ Among its the Focus on the Family radio program, its far behind most other industrialized conclusions is that ‘‘an investment of staff, and its founder and chairman, James countries in overall health status, in $10 per person per year in community- Dobson, for their excellence in radio pro- gramming and the program’s worthy induc- infant health as measured by infant based programs to increase physical ac- tion into the National Radio Hall of Fame. mortality rates, and in life expectancy. tivity, improve nutrition, and prevent f And if we examine the distribution of smoking and other tobacco use could expenditures, it becomes apparent that save the country more than $16 billion SENATE RESOLUTION 642—TO AU- we are dedicating the lion’s share of re- annually every five years . . . a return THORIZE THE PRODUCTION OF sources to a few, chronic diseases, such of $5.60 for every $1. Of the $16 billion, RECORDS BY THE PERMANENT as diabetes, and hypertension. From Medicare could save more than $5 bil- SUBCOMMITTEE ON INVESTIGA- 1987 to 2000, while our overall health lion, Medicaid could save more than TIONS OF THE COMMITTEE ON care spending doubled, spending on $1.9 billion, and private payers could HOMELAND SECURITY AND GOV- strokes nearly quadrupled and spend- save more than $9 billion.’’ ERNMENTAL AFFAIRS ing on hypertension rose from $8 bil- It is clear that to make a real dif- Mr. REID (for himself and Mr. lion to $23 billion a year. Chronic dis- ference in America’s health status, and MCCONNELL) submitted the following eases are the leading cause of prevent- to produce a far more efficient health resolution; which was considered and able death and disability, and are re- care system, the answer is to use our agreed to: sponsible for more than 1.7 million health care resources more wisely. S. RES. 642 deaths each year. They are particularly That means investing in the clinically- Whereas, the Permanent Subcommittee on costly for publicly-funded insurance based and community-based interven- Investigations of the Committee on Home- programs, accounting for 96 cents of tions that will prevent the serious, land Security and Governmental Affairs con- every Medicare dollar and 83 cents of chronic illnesses that are draining our ducted an investigation into tax haven finan- every Medicaid dollar. Project HOPE health care resources now. cial institutions, their formation and admin- has estimated that by the year 2050, Finally, Mr. President, I want to istration of offshore entities and accounts nearly half the population of the for use by U.S. clients, and the impact of thank Senator CLINTON for joining me those activities on tax compliance in the United States will develop at least one in introducing this resolution. Her United States; chronic disease if we do not act. knowledge of and expertise in health Whereas, the Subcommittee has received a But analyses also show that of the care are unparalleled, and I am very number of requests from law enforcement money spent on health care, fewer than appreciative of her support. I urge all and regulatory agencies for access to records 4 cents of every dollar are dedicated to my colleagues to support this resolu- of the Subcommittee’s investigation; public health and prevention. We need Whereas, by the privileges of the Senate of tion. the United States and rule XI of the Stand- to prioritize public health and preven- f ing Rules of the Senate, no evidence under tive approaches if we are to have a the control or in the possession of the Senate healthier America. SENATE RESOLUTION 641—CON- can, by administrative or judicial process, be We already know that early detec- GRATULATING THE FOCUS ON taken from such control or possession but by tion can save lives, reduce costs, and THE FAMILY RADIO PROGRAM permission of the Senate; result in a more efficient health care FOR ITS INDUCTION INTO THE Whereas, when it appears that evidence system for all of us. One prominent ex- under the control or in the possession of the NATIONAL RADIO HALL OF Senate is needed for the promotion of jus- ample is colorectal cancer screening. FAME tice, the Senate will take such action as will Colorectal cancer is the number two Mr. BROWNBACK (for himself, Mr. promote the ends of justice consistent with cancer killer in the United States. This DEMINT, Mr. HATCH, Mr. INHOFE, Mr. the privileges of the Senate: Now, therefore, year, an estimated 148,000 new cases be it MARTINEZ, Mr. ROBERTS, and Mr. will be diagnosed and more than 52,000 Resolved, That the Chairman and Ranking MCCONNELL) submitted the following Americans will die from the disease. Minority Member of the Permanent Sub- resolution; which was referred to the committee on Investigations of the Com- The risk of colorectal cancer begins Committee on Commerce, Science and mittee on Homeland Security and Govern- to increase after the age of 40 and rises Transportation. mental Affairs, acting jointly, are authorized sharply at the ages of 50 to 55, at which to provide to law enforcement officials, regu- S. RES. 641 point the risk doubles with each suc- latory agencies, and other entities or indi- ceeding decade. Despite advances in Whereas the National Radio Hall of Fame viduals duly authorized by federal, state, or surgical techniques and adjuvant ther- & Museum was created to commemorate sig- foreign governments, records of the Sub- nificant figures in the world of radio, a me- apy, there has been only a modest im- committee’s investigation into tax haven fi- dium that has been integral to American so- nancial institutions, their formation and ad- provement in survival for patients who ciety since the early 20th century; ministration of offshore entities and ac- present with advanced cancers. Whereas a key element of the mission of counts for use by U.S. clients, and the im- The good news is that colorectal can- the National Radio Hall of Fame & Museum pact of those activities on tax compliance in cer can be prevented, and is highly is to recognize and showcase contemporary the United States.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7978 CONGRESSIONAL RECORD — SENATE July 31, 2008 AMENDMENTS SUBMITTED AND The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without PROPOSED objection, it is so ordered. objection, it is so ordered. SA 5258. Mr. GREGG submitted an amend- AD HOC SUBCOMMITTEE ON DISASTER RECOVERY SELECT COMMITTEE ON INTELLIGENCE ment intended to be proposed by him to the Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- bill S. 3268, to amend the Commodity Ex- imous consent that the Ad Hoc Sub- imous consent that the Select Com- change Act, to prevent excessive price specu- committee on Disaster Recovery of the mittee on Intelligence be authorized to lation with respect to energy commodities, Committee on Homeland Security and meet during the session of the Senate and for other purposes; which was ordered to Governmental Affairs and the House on July 31, 2008, at 2:30 p.m. lie on the table. Committee on Homeland Security Sub- The PRESIDING OFFICER. Without f committee on Emergency Communica- objection, it is so ordered. TEXT OF AMENDMENTS tions, Preparedness, and Response be SPECIAL COMMITTEE ON AGING authorized to meet during the session SA 5258. Mr. GREGG submitted an Mr. REID. Mr. President, I ask unan- of the Senate on Thursday, July 31, imous consent that the Special Com- amendment intended to be proposed by 2008, at 1 p.m. to conduct a joint hear- him to the bill S. 3268, to amend the mittee on Aging be authorized to meet ing entitled ‘‘Lessons Learned: Ensur- during the session of the Senate on Commodity Exchange Act, to prevent ing the Delivery of Donated Goods to excessive price speculation with re- Thursday, July 30, 2008 from 10:30 a.m.– Survivors of Catastrophes.’’ 12:30 p.m. in Dirksen 106 for the purpose spect to energy commodities, and for The PRESIDING OFFICER. Without of conducting a hearing. other purposes; which was ordered to objection, it is so ordered. lie on the table; as follows: The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. On page 43, after line 17, insert the fol- RESOURCES lowing: Mr. REID. Mr. President, I ask unan- SUBCOMMITTEE ON ANTITRUST, COMPETITION TITLE II—HOME ENERGY ASSISTANCE imous consent that the Committee on POLICY, AND CONSUMER RIGHTS Mr. REID. Mr. President, I ask unan- SEC. 21. SHORT TITLE. Energy and Natural Resources be au- This title may be cited as the ‘‘Home En- thorized to meet during the session of imous consent that the Senate Com- ergy Assistance Today Act’’. the Senate in order to conduct a hear- mittee on the Judiciary, Sub- SEC. 22. LOW-INCOME HOME ENERGY ASSIST- ing on Thursday, July 31, 2008, at 9:30 committee on Antitrust, Competition ANCE APPROPRIATIONS. a.m., in room SD366 of the Dirksen Policy, and Consumer Rights, be au- In addition to any amounts appropriated Senate Office Building. thorized to meet during the session of under any other provision of Federal law, The PRESIDING OFFICER. Without the Senate, to conduct a hearing enti- there is appropriated, out of any money in objection, it is so ordered. tled ‘‘Consolidation in The Pennsyl- the Treasury not otherwise appropriated, for COMMITTEE ON ENVIRONMENT AND PUBLIC vania Health Insurance Industry: The fiscal year 2008— Right Prescription?’’ on Thursday, (1) $1,265,000,000 (to remain available until WORKS expended) for making payments under sub- Mr. REID. Mr. President, I ask unan- July 31, 2008, at 2 p.m., in room SD–226 sections (a) through (d) of section 2604 of the imous consent that the Committee on of the Dirksen Senate Office Building. Low-Income Home Energy Assistance Act of Environment and Public Works be au- The PRESIDING OFFICER. Without 1981 (42 U.S.C. 8623); and thorized to meet during the session of objection, it is so ordered. (2) $1,265,000,000 (to remain available until the Senate on Thursday, July 31, 2008 SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- expended) for making payments under sec- in room 406 of the Dirksen Senate Of- AGEMENT, GOVERNMENT INFORMATION, FED- tion 2604(e) of the Low-Income Home Energy ERAL SERVICES, AND INTERNATIONAL SECU- Assistance Act of 1981 (42 U.S.C. 8623(e)), not- fice Building at 9:30 a.m. The PRESIDING OFFICER. Without RITY withstanding the designation requirement of Mr. REID. Mr. President, I ask unan- section 2602(e) of such Act (42 U.S.C. 8621(e)). objection, it is so ordered. imous consent that the Committee on SEC. 23. DENIAL OF DEDUCTION FOR MAJOR IN- COMMITTEE ON FINANCE TEGRATED OIL COMPANIES FOR IN- Mr. REID. Mr. President, I ask unan- Homeland Security and Governmental COME ATTRIBUTABLE TO DOMESTIC imous consent that the Committee on Affairs’ Subcommittee on Federal Fi- PRODUCTION OF OIL, GAS, OR PRI- nancial Management, Government In- MARY PRODUCTS THEREOF. Finance be authorized to meet during the session of the Senate on Thursday, formation, Federal Services, and Inter- (a) IN GENERAL.—Subparagraph (B) of sec- national Security be authorized to tion 199(c)(4) of the Internal Revenue Code of July 31, 2008, at 10 a.m., in room 215 of 1986 (relating to exceptions) is amended by the Dirksen Senate Office Building. meet during the session of the Senate striking ‘‘or’’ at the end of clause (ii), by The PRESIDING OFFICER. Without on Thursday, July 31, 2008, at 9:30 a.m., striking the period at the end of clause (iii) objection, it is so ordered. to conduct a hearing entitled, ‘‘Offline and inserting ‘‘, or’’, and by inserting after COMMITTEE ON FOREIGN RELATIONS and Off-budget: The Dismal State of In- clause (iii) the following new clause: Mr. REID. Mr. President, I ask unan- formation Technology Planning in the ‘‘(iv) in the case of any major integrated imous consent that the Committee on Federal Government.’’ oil company (as defined in section Foreign Relations be authorized to The PRESIDING OFFICER. Without 167(h)(5)(B)), the production, refining, proc- objection, it is so ordered. essing, transportation, or distribution of oil, meet during the session of the Senate gas, or any primary product thereof during on Thursday, July 31, 2008, at 2 p.m. SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT any taxable year described in section The PRESIDING OFFICER. Without MANAGEMENT, THE FEDERAL WORKFORCE, 167(h)(5)(B).’’. objection, it is so ordered. AND THE DISTRICT OF COLUMBIA (b) PRIMARY PRODUCT.—Section 199(c)(4)(B) COMMITTEE ON INDIAN AFFAIRS Mr. REID. Mr. President, I ask unan- of such Code is amended by adding at the end Mr. REID. Mr. President, I ask unan- imous consent that the Committee on the following flush sentence: imous consent that the Committee on Homeland Security and Governmental ‘‘For purposes of clause (iv), the term ‘pri- Indian Affairs be authorized to meet Affairs’ Subcommittee on Oversight of mary product’ has the same meaning as Government Management, the Federal when used in section 927(a)(2)(C), as in effect during the session of the Senate on before its repeal.’’. Thursday, July 31, at 9:30 a.m. in room Workforce, and the District of Colum- (c) EFFECTIVE DATE.—The amendments 562 of the Dirksen Senate Office Build- bia be authorized to meet during the made by this section shall apply to taxable ing. session of the Senate on Thursday, years beginning after December 31, 2008. The PRESIDING OFFICER. Without July 31, 2008, at 2 p.m., to conduct a f objection, it is so ordered. hearing entitled, ‘‘A Reliance on Smart COMMITTEE ON THE JUDICIARY Power—Reforming the Foreign Assist- AUTHORITY FOR COMMITTEES TO Mr. REID. Mr. President, I ask unan- ance Bureaucracy.’’ MEET imous consent that the Senate Com- The PRESIDING OFFICER. Without COMMITTEE ON ARMED SERVICES mittee on the Judiciary be authorized objection, it is so ordered. Mr. REID. Mr. President, I ask unan- to meet during the session of the Sen- f imous consent that the Committee on ate, to conduct an executive business Armed Services be authorized to meet meeting on Thursday, July 31, 2008, at PRIVILEGES OF THE FLOOR during the session of the Senate on 10 a.m. in room SD–226 of the Dirksen Mr. FEINGOLD. Mr. President, I ask Thursday, July 31, 2008, at 9:30 a.m. Senate Office Building. unanimous consent that members of

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7979 my staff—Brian Chelcen and Peter The agreement will provide full com- up with sanctions and incentives, can Quaranto—be granted floor privileges pensation to pay settlements already change the behavior of countries whose for the remainder of this Congress. reached in the Pan Am 103 and LaBelle policies threaten our interests. There The ACTING PRESIDENT pro tem- cases and enough funds to ensure that is a lesson in here for more productive pore. Without objection, it is so or- every American claimant in these approaches we could have taken earlier dered. cases involving Libyan terrorism will with other problematic countries. It is Ms. MIKULSKI. I ask unanimous receive financial compensation com- important for countries like Iran, consent that a fellow in Senator BINGA- parable to the Pan Am 103 and LaBelle North Korea, and Syria that pursue MAN’s office, Michele Mazzocco, be settlements. No U.S. taxpayer money malevolent policies to see that there is given floor privileges during this bill. will be used to pay these claims. The a roadmap back into the international The PRESIDING OFFICER. Without regime in Libya is notoriously unpre- community if they modify their behav- objection, it is so ordered. dictable, so there is a chance that the ior. In short, the model of normaliza- The Senator from Wyoming is recog- deal could fall apart. But there is rea- tion with Libya, if applied to other nized. son to believe that the Libyan leader, cases, can prove that our goal is con- Mr. ENZI. Mr. President, I, too, ask Colonel Qadhafi, has decided it is in his duct change, not regime change and unanimous consent to extend floor interest to settle all of these cases, can actually produce that change. privileges to Ann Clough for the re- rather than let them languish in court For these reasons, I support the nas- mainder of the consideration of the for years or decades, at the expense of cent Libyan-American agreement to conference report. progress in the Libyan-American rela- comprehensively settle all outstanding The PRESIDING OFFICER. Without tionship. Should the government of American claims against Libyan ter- objection, it is so ordered. Libya change its position and fail to rorism. Libya’s renunciation of its provide the complete funding, the vic- f weapons of mass destruction programs tims will retain their full rights to pro- LIBYAN CLAIMS RESOLUTION ACT and its previous support for terrorism ceed with their legal challenges. is something all of us should welcome. But before Libya is willing to sign Ms. KLOBUCHAR. Mr. President, I I support the carefully calibrated the agreement, it wants legal assur- ask unanimous consent that the Sen- movement toward the full normaliza- ate proceed to the immediate consider- ances that upon providing the full funding it will be immune from further tion of bilateral relations. ation of S. 3370, introduced earlier But it should be underscored that legal repercussions stemming from today by Senators BIDEN, LUGAR, LAU- this legislation does not exonerate or these cases. This legislation, if signed TENBERG, WARNER, LEAHY, and LEVIN. excuse Libya for its despicable and into law by the President, provides The PRESIDING OFFICER. The cowardly support for terrorism. I hope such assurances, allowing the deal to clerk will report the bill by title. that the agreement can provide a mod- go forward. It authorizes the Secretary The legislative clerk read as follows: icum of justice and closure for the vic- of State to work with the Libyans to A bill (S. 3370) to resolve pending claims tims of Libyan terrorism and their set up the funding mechanism. It against Libya by United States nationals, families. But it is small consolation in- and for other purposes. assures the Libyans that if and only if full compensation has been paid to all deed and will not bring back the lives There being no objection, the Senate that have been lost, nor undo the suf- proceeded to consider the bill. American victims of Libyan terrorism, they will be immune from further fering endured by survivors. Mr. BIDEN. Mr. President, today, Neither does today’s legislation indi- claims of this nature. And it assures with the passage of the Libyan Claims cate a shift in my views of the funda- the American claimants that their law- Resolution Act, the United States mental nature of the Qadhafi regime. suits will not be extinguished unless moves closer to a comprehensive reso- Yes, Americans are interested in the funding promised by the agreement lution of all outstanding claims by U.S. Libya’s external behavior. But we are nationals against Libya for its support is provided. If this bill is approved by the House, also concerned about the human rights for terrorism over several decades. Congress will have joined with the conditions within Libya. Though his These claims include, most notably, President to solve an issue of national support for terrorists has ended, Qa- the Pan Am 103 bombing over and international importance, while dhafi’s Libya remains a police state Lockerbie, Scotland, which killed 270 protecting the interests of its nationals that brooks no political opposition. innocent human beings in December who have valid claims against Libya. Four decades after coming to power in 1988 and the bombing of the LaBelle Under the Constitution, there is no a military coup, Qadhafi continues to discotheque in Berlin in April 1986 in question the executive and the legisla- rule by personal fiat. He may have had which two American military per- tive branches have the authority to a change of mind about Libya’s poli- sonnel were killed and scores more in- work together in this manner to settle cies, but I doubt that it has been jured. There are many other pending claims so as to help the hundreds of matched by a change of heart. claims involving attacks against American claimants who will benefit It is critical that the Bush adminis- Americans that are attributable to from this initiative. This cooperative tration pursue a broader engagement Libya. These, too, will be resolved by effort—and the prompt bipartisan sup- with the Libyan people and civil soci- this legislation. Although less well port for it—is also a good example of ety. This relationship must be about known in the public’s memory, they how the two branches should work to- more than securing contracts for were no less devastating to their vic- gether to advance our national inter- American oil companies. We have tims and no less an affront to human- ests. learned the hard way that our vital in- ity. I wish to be clear about what my sup- terests can be threatened by relation- For several months now, the Bush ad- port for this legislation means and does ships that ignore the huge deficiencies ministration has been negotiating with not mean. It is clearly in the interest in governance and basic freedoms in the Government of Libya on a com- of the United States to develop better many Middle Eastern countries and are prehensive settlement to compensate relations with Libya. Libya is an im- based exclusively on commercial and American victims of Libyan terror. portant country as a gateway between security interests. So I am disap- The State Department has reported to Europe and Africa, which shares a bor- pointed that this comprehensive claims us in recent days that an agreement der with the Darfur region of Sudan, settlement agreement is not accom- has been reached but has not yet been and is a member of OPEC. Colonel Qa- panied by a comprehensive plan to en- signed. I commend the fine effort of As- dhafi appears to have made a break gage Libyan society. I urge the Bush sistant Secretary of State David Welch with his past support for terrorism and administration to put as much energy and Deputy Legal Adviser Jonathan efforts to acquire weapons of mass de- into developing such a plan as it did in Schwartz, who led the U.S. delegation struction. That is good news for Libya, the negotiations for a claims settle- in these very difficult negotiations. for the United States, and for the ment. Signature on the agreement awaits ac- world. For more than 4 years, I have called tion by Congress, and that is what we It also is a powerful demonstration for the release of Fathi Eljahmi, a cou- are doing today. that diplomatic engagement, backed rageous Libyan democracy advocate

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7980 CONGRESSIONAL RECORD — SENATE July 31, 2008 with serious health problems whose 1986 bombing of the La Belle Dis- (1) the term ‘‘appropriate congressional only crime was to speak truth to cotheque in Berlin, Germany. On April committees’’ means the Committee on For- power. Though the change in direction 5, 1986, Libya directed its agents to exe- eign Relations and the Committee on the Ju- in Libyan foreign policy in the last few cute a terrorist attack in West Berlin diciary of the Senate and the Committee on Foreign Affairs and the Committee on the years is as commendable as it is re- for the sole purpose of killing as many Judiciary of the House of Representatives; markable, Mr. Eljahmi’s continuing American military personnel as pos- (2) the term ‘‘claims agreement’’ means an captivity is a reminder that basic fun- sible. The La Belle Discotheque was international agreement between the United damental freedoms such as rule of law known to be frequented by large num- States and Libya, binding under inter- and the freedom of speech do not exist bers of U.S. military personnel. The national law, that provides for the settle- inside Libya. As I have made it clear to bombing of the discotheque occurred at ment of terrorism-related claims of nation- Colonel Qadhafi, the future of the Liby- a time when 260 people, including U.S. als of the United States against Libya an-American relationship, at least as military personnel, were present. When through fair compensation; (3) the term ‘‘national of the United far as this Senator is concerned, will be the bomb detonated, two U.S. soldiers States’’ has the meaning given that term in affected by the Libyan Government’s were killed and over 90 U.S. soldiers section 101(a)(22) of the Immigration and Na- treatment of Mr. Eljahmi. I urge the were injured. tionality Act (8 U.S.C. 1101(a)(22)); Libyan Government to release him un- Since shortly after the National De- (4) the term ‘‘Secretary’’ means the Sec- conditionally and immediately, and to fense Authorization Act was enacted in retary of State; and end the harassment of his family. January 2008, and in direct response to (5) the term ‘‘state sponsor of terrorism’’ Engagement does not mean that we the Lautenberg provision, the Libyans means a country the government of which surrender our values. Engagement approached the State Department the Secretary has determined, for purposes of section 6(j) of the Export Administration means we are in a stronger position to about securing a comprehensive settle- Act of 1979 (50 U.S.C. App. 2405(j)), section advance our values and to secure real ment of claims against Libya brought 620A of the Foreign Assistance Act of 1961 (22 change. I urge the Bush administration by American victims of acts of ter- U.S.C. 2371), section 40 of the Arms Export to use this opportunity to assert Amer- rorism. Control Act (22 U.S.C. 2780), or any other pro- ica’s interests in a broader relationship Under the proposed international vision of law, is a government that has re- that will put Libya on a more sustain- agreement the United States would re- peatedly provided support for acts of inter- able, and more democratic, path. ceive sufficient funding to pay the two national terrorism. Mr. LEAHY. Mr. President, I am large outstanding settlements with SEC. 3. SENSE OF CONGRESS. pleased that the Senate has unani- Libya—the Pan Am 103 families’ settle- Congress supports the President in his ef- mously passed legislation that, in con- ment and the La Belle Discotheque set- forts to provide fair compensation to all na- junction with an international agree- tionals of the United States who have ter- tlement—as Congress has requested in rorism-related claims against Libya through ment being finalized between the previous legislation. In addition, Libya a comprehensive settlement of claims by United States and Libya, will at long would provide sufficient funds to en- such nationals against Libya pursuant to an last provide full and fair compensation sure fair compensation of the other international agreement between the United to those United States nationals who pending claims for acts of terrorism. States and Libya as a part of the process of have terrorism-related claims against In return for this comprehensive restoring normal relations between Libya Libya. I commend Senator FRANK LAU- claims settlement, the United States and the United States. TENBERG, who has been working hard will need to assure Libya that it will SEC. 4. ENTITY TO ASSIST IN IMPLEMENTATION for years to try to get justice for these not face further terrorism-related liti- OF CLAIMS AGREEMENT. (a) DESIGNATION OF ENTITY.— victims of terror, as well as the other gation in U.S. courts. This legislation, (1) DESIGNATION.—The Secretary, by publi- cosponsors who have enabled this im- the Libya Claims Resolution Act, will cation in the Federal Register, may, after portant legislation to win Senate ap- restore Libya’s sovereign immunity— consultation with the appropriate congres- proval. once the United States has received the sional committees, designate 1 or more enti- This legislation takes a critical step agreed funding. ties to assist in providing compensation to in securing the final payment of settle- With the enactment of this legisla- nationals of the United States, pursuant to a ment amounts already reached by the tion, the international agreement can claims agreement. victims of the Pan Am 103 Lockerbie be concluded quickly and the money (2) AUTHORITY OF THE SECRETARY.—The des- bombing and the LaBelle discotheque ignation of an entity under paragraph (1) is channeled to American claimants. Ac- within the sole discretion of the Secretary, bombing, as well as fair compensation cording to the State Department, the and may not be delegated. The designation for all other similar claims against Pan Am and La Belle claimants should shall not be subject to judicial review. Libya. It has wide support among vic- receive their settlements shortly after (b) IMMUNITY.— tims’ rights groups, and it will be an the agreement is signed, ending years (1) PROPERTY.— important step in restoring relations of waiting for just compensation form (A) IN GENERAL.—Notwithstanding any between the United States and Libya. Libya. other provision of law, if the Secretary des- I urge the House to work quickly to I commend the State Department for ignates any entity under subsection (a)(1), pass this legislation so that we can any property described in subparagraph (B) its efforts to bring these claims to a of this paragraph shall be immune from at- send this bill to the President’s desk. resolution. tachment or any other judicial process. Such Mr. LEVIN. Mr. President, I join Ms. KLOBUCHAR. Mr. President, I immunity shall be in addition to any other with Senators BIDEN, LUGAR, LAUTEN- ask unanimous consent that the bill be applicable immunity. BERG, WARNER, and LEAHY today in read three times and passed; that the (B) PROPERTY DESCRIBED.—The property submitting the Libya Claims Resolu- motion to reconsider be laid upon the described in this subparagraph is any prop- tion Act. table, with no intervening action or de- erty that— During last year’s consideration of bate; and that any statements relating (i) relates to the claims agreement; and the Defense authorization bill, I joined (ii) for the purpose of implementing the to the bill be printed in the RECORD. claims agreement, is— with Senator LAUTENBERG and 31 other The PRESIDING OFFICER. Without (I) held by an entity designated by the Sec- cosponsors in unanimously adding a objection, it is so ordered. retary under subsection (a)(1); provision which allowed victims of ter- The bill (S. 3370) was ordered to be (II) transferred to the entity; or rorism to seek redress in U.S. courts engrossed for a third reading, was read (III) transferred from the entity. against foreign states whose officials the third time, and passed, as follows: (2) OTHER ACTS.—An entity designated by or agents commit acts of terrorism, by S. 3370 the Secretary under subsection (a)(1), and establishing a private right of action any person acting through or on behalf of Be it enacted by the Senate and House of Rep- such entity, shall not be liable in any Fed- under the sovereign immunity excep- resentatives of the United States of America in tion for state sponsors of terrorism. eral or State court for any action taken to Congress assembled, implement a claims agreement. I supported the LAUTENBERG amend- SECTION 1. SHORT TITLE. (c) NONAPPLICABILITY OF THE GOVERNMENT ment to the Defense authorization bill This Act may be cited as the ‘‘Libyan CORPORATION CONTROL ACT.—An entity des- out of concern over Libya’s backing Claims Resolution Act’’. ignated by the Secretary under subsection out of a settlement agreement with the SEC. 2. DEFINITIONS. (a)(1) shall not be subject to chapter 91 of victims and families of victims of the In this Act— title 31, United States Code (commonly

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 31, 2008 CONGRESSIONAL RECORD — SENATE S7981 known as the ‘‘Government Corporation Con- today by Senators REID and MCCON- committee on Investigations of the Com- trol Act’’). NELL. mittee on Homeland Security and Govern- SEC. 5. RECEIPT OF ADEQUATE FUNDS; IMMUNI- The PRESIDING OFFICER. The mental Affairs, acting jointly, are authorized TIES OF LIBYA. clerk will report the resolution by to provide to law enforcement officials, regu- (a) IMMUNITY.— title. latory agencies, and other entities or indi- viduals duly authorized by federal, state, or (1) IN GENERAL.—Notwithstanding any The legislative clerk read as follows: other provision of law, upon submission of a foreign governments, records of the Sub- certification described in paragraph (2)— A resolution (S. Res. 642) to authorize the committee’s investigation into tax haven fi- (A) Libya, an agency or instrumentality of production of records by the Permanent Sub- nancial institutions, their formation and ad- Libya, and the property of Libya or an agen- committee on Investigations of the Com- ministration of offshore entities and ac- cy or instrumentality of Libya, shall not be mittee on Homeland Security and Govern- counts for use by U.S. clients, and the im- subject to the exceptions to immunity from mental Affairs. pact of those activities on tax compliance in jurisdiction, liens, attachment, and execu- There being no objection, the Senate the United States. tion contained in section 1605A, 1605(a)(7), or proceeded to consider the resolution. f 1610 (insofar as section 1610 relates to a judg- Mr. REID. Mr. President, the Perma- ment under such section 1605A or 1605(a)(7)) nent Subcommittee on Investigations MEASURE READ THE FIRST of title 28, United States Code; of the Committee on Homeland Secu- TIME—S. 3406 (B) section 1605A(c) of title 28, United rity and Governmental Affairs has re- States Code, section 1083(c) of the National ceived requests from various law en- Mr. DURBIN. Mr. President, I under- Defense Authorization Act for Fiscal Year stand that S. 3406, introduced earlier 2008 (Public Law 110–181; 122 Stat. 342; 28 forcement and regulatory agencies, seeking access to records that the Sub- today by Senator HARKIN, is at the U.S.C. 1605A note), section 589 of the Foreign desk, and I ask for its first reading. Operations, Export Financing, and Related committee obtained during its recent The PRESIDING OFFICER. The Programs Appropriations Act, 1997 (28 U.S.C. investigation into tax haven financial 1605 note), and any other private right of ac- institutions, their formation and ad- clerk will report the bill by title for tion relating to acts by a state sponsor of ministration of offshore entities and the first time. terrorism arising under Federal, State, or accounts for use by U.S. clients, and The legislative clerk read as follows: foreign law shall not apply with respect to the impact of those activities on tax A bill (S. 3406) to restore the intent and claims against Libya, or any of its agencies, compliance in the United States. protections of the Americans with Disabil- instrumentalities, officials, employees, or ities Act of 1990. agents in any action in a Federal or State This resolution would authorize the court; and Chairman and Ranking Minority Mem- Mr. DURBIN. Mr. President, I now (C) any attachment, decree, lien, execu- ber of the Permanent Subcommittee on ask for its second reading and object to tion, garnishment, or other judicial process Investigations, acting jointly, to pro- my own request. brought against property of Libya, or prop- vide records, obtained by the Sub- The PRESIDING OFFICER. Objec- erty of any agency, instrumentality, official, committee in the course of its inves- tion having been heard, the bill will be employee, or agent of Libya, in connection tigation, in response to these requests read for the second time on the next with an action that would be precluded by and any similar requests from govern- legislative day. subparagraph (A) or (B) shall be void. (2) CERTIFICATION.—A certification de- ment entities and officials with a le- f scribed in this paragraph is a certification— gitimate need for the records. (A) by the Secretary to the appropriate Mr. DURBIN. Mr. President, I ask APPOINTMENT congressional committees; and unanimous consent that the resolution The PRESIDING OFFICER. The (B) stating that the United States Govern- be agreed to, the preamble be agreed Chair, on behalf of the Vice President, ment has received funds pursuant to the to, the motions to reconsider be laid claims agreement that are sufficient to en- pursuant to Public Law 110–181, ap- upon the table, with no intervening ac- points the following individual to the sure— tion or debate, and any statements re- (i) payment of the settlements referred to Commission on Wartime Contracting: in section 654(b) of division J of the Consoli- lated to the resolution be printed in Robert J. Henke of Virginia. dated Appropriations Act, 2008 (Public Law the RECORD. 110–161; 121 Stat. 2342); and The PRESIDING OFFICER. Without f objection, it is so ordered. (ii) fair compensation of claims of nation- ORDERS FOR FRIDAY, AUGUST 1, als of the United States for wrongful death The resolution (S. Res. 642) was or physical injury in cases pending on the agreed to. 2008 date of enactment of this Act against Libya The preamble was agreed to. Mr. DURBIN. Mr. President, I ask arising under section 1605A of title 28, United The resolution, with its preamble, unanimous consent that when the Sen- States Code (including any action brought reads as follows: ate completes its business today, it under section 1605(a)(7) of title 28, United S. RES. 642 stand adjourned until 9:30 a.m. tomor- States Code, or section 589 of the Foreign Op- Whereas, the Permanent Subcommittee on erations, Export Financing, and Related Pro- row, Friday, August 1; that following Investigations of the Committee on Home- grams Appropriations Act, 1997 (28 U.S.C. the prayer and pledge, the Journal of land Security and Governmental Affairs con- 1605 note), that has been given effect as if the proceedings be approved to date, the ducted an investigation into tax haven finan- action had originally been filed under morning hour be deemed expired, the cial institutions, their formation and admin- 1605A(c) of title 28, United States Code, pur- istration of offshore entities and accounts time for the two leaders be reserved for suant to section 1083(c) of the National De- for use by U.S. clients, and the impact of their use later in the day, and the Sen- fense Authorization Act for Fiscal Year 2008 those activities on tax compliance in the ate resume consideration of the motion (Public Law 110–181; 122 Stat. 342; 28 U.S.C. United States; to proceed to S. 3001, the Defense au- 1605A note)). Whereas, the Subcommittee has received a thorization bill, with Senators per- (b) TEMPORAL SCOPE.—Subsection (a) shall number of requests from law enforcement apply only with respect to any conduct or mitted to speak for up to 10 minutes and regulatory agencies for access to records each. event occurring before June 30, 2006, regard- of the Subcommittee’s investigation; less of whether, or the extent to which, ap- Whereas, by the privileges of the Senate of The PRESIDING OFFICER. Without plication of that subsection affects any ac- the United States and Rule XI of the Stand- objection, it is so ordered. tion filed before, on, or after that date. ing Rules of the Senate, no evidence under f (c) AUTHORITY OF THE SECRETARY.—The the control or in the possession of the Senate certification by the Secretary referred to in can, by administrative or judicial process, be subsection (a)(2) may not be delegated, and ADJOURNMENT UNTIL 9:30 A.M. taken from such control or possession but by TOMORROW shall not be subject to judicial review. permission of the Senate; f Whereas, when it appears that evidence Mr. DURBIN. Mr. President, if there under the control or in the possession of the is no further business to come before AUTHORIZING PRODUCTION OF Senate is needed for the promotion of jus- the Senate, I ask unanimous consent RECORDS tice, the Senate will take such action as will that it stand adjourned under the pre- Mr. DURBIN. Mr. President, I ask promote the ends of justice consistent with vious order. the privileges of the Senate: Now, therefore, unanimous consent that the Senate be it There being no objection, the Senate, proceed to the immediate consider- Resolved, That the Chairman and Ranking at 10:20 p.m., adjourned until Friday, ation of S. Res. 642 submitted earlier Minority Member of the Permanent Sub- August 1, 2008, at 9:30 a.m.

VerDate Aug 31 2005 02:20 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\RECORD08\S31JY8.REC S31JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE S7982 CONGRESSIONAL RECORD — SENATE July 31, 2008 NOMINATIONS DURING HIS TENURE OF SERVICE AS SPECIAL ENVOY OF MISSISSIPPI, VICE WILLIAM H. BARBOUR, JR., RE- FOR THE SIX PARTY TALKS. TIRED. Executive nominations received by DEPARTMENT OF THE TREASURY THOMAS MARCELLE, OF NEW YORK, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT the Senate: ANTHONY W. RYAN, OF MASSACHUSETTS, TO BE AN OF NEW YORK, VICE FREDERICK J. SCULLIN, JR., RE- DEPARTMENT OF TRANSPORTATION UNDER SECRETARY OF THE TREASURY, VICE ROBERT K. TIRED. STEEL, RESIGNED. DEBORAH HERSMAN, OF VIRGINIA, TO BE A MEMBER OF ELECTION ASSISTANCE COMMISSION THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A THE JUDICIARY TERM EXPIRING DECEMBER 31, 2013. (REAPPOINTMENT) JOHN J. THARP, JR., OF ILLINOIS, TO BE UNITED GINEEN BRESSO BEACH, OF FLORIDA, TO BE A MEMBER DEPARTMENT OF STATE STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF THE ELECTION ASSISTANCE COMMISSION FOR THE OF ILLINOIS, VICE MARK R. FILIP, RESIGNED. REMAINDER OF THE TERM EXPIRING DECEMBER 12, 2009, SUNG Y. KIM, OF CALIFORNIA, A FOREIGN SERVICE OF- J. RICHARD BARRY, OF MISSISSIPPI, TO BE UNITED VICE CAROLINE C. HUNTER, RESIGNED. FICER OF CLASS ONE, FOR THE RANK OF AMBASSADOR STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT

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