Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

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

Vol. 154 WASHINGTON, THURSDAY, APRIL 24, 2008 No. 66 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE amendment, to be followed by a vote called to order by the Honorable MARK The Honorable MARK L. PRYOR led on passage of the bill. L. PRYOR, a Senator from the State of the Pledge of Allegiance, as follows: Upon disposition of the veterans bill, Arkansas. the Senate will consider H.R. 493, the I pledge allegiance to the Flag of the The PRESIDING OFFICER. Today’s United States of America, and to the Repub- Genetic Nondiscrimination Act. The prayer will be offered by Rev. Don Da- lic for which it stands, one nation under God, only amendment in order to the bill is vidson of First Baptist Church, Alexan- indivisible, with liberty and justice for all. a Snowe-Kennedy-Enzi substitute. There will be up to 2 hours for debate dria, VA. f on the substitute and on the bill prior PRAYER APPOINTMENT OF ACTING to a vote on passage of this legislation. PRESIDENT PRO TEMPORE The guest Chaplain offered the fol- We expect the first vote to occur lowing prayer: The PRESIDING OFFICER. The around noon today, Mr. President. Shall we pray. clerk will please read a communication f Dear God, our Heavenly Father, cre- to the Senate from the President pro RESERVATION OF LEADER TIME tempore (Mr. BYRD). ator of this vast universe and lover of The ACTING PRESIDENT pro tem- all mankind, we begin our day with the The legislative clerk read the following letter: pore. Under the previous order, the recognition that You are sovereign leadership time is reserved. Lord and that we are accountable to U.S. SENATE, You above all other allegiances. PRESIDENT PRO TEMPORE, f Thank You for this rich and diverse Washington, DC, April 24, 2008. MORNING BUSINESS To the Senate: country, the United States of America, Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- and for this great deliberative body and of the Standing Rules of the Senate, I hereby pore. Under the previous order, the the role each Member plays in leading appoint the Honorable MARK L. PRYOR, a Senate will proceed to a period for the our Nation. Grant that these Members Senator from the State of Arkansas, to per- transaction of morning business for up of the Senate will have wisdom as they form the duties of the Chair. to 60 minutes, with Senators permitted wrestle with issues large and larger. ROBERT C. BYRD, President pro tempore. to speak for up to 10 minutes each, Show them what is right, and may they with the time equally divided and con- find the courage to act according to Mr. PRYOR thereupon assumed the trolled between the two leaders or their convictions and not the whims of chair as Acting President pro tempore. their designees, with the majority con- ever-changing culture. f trolling the first half and the Repub- As the prophet Jeremiah said: When RECOGNITION OF THE MAJORITY licans controlling the final half. they stand at the crossroads and look, The Senator from Washington. may they ask for the ancient paths and LEADER f where the good way is and walk in it. The ACTING PRESIDENT pro tem- Then our Nation can have rest for her pore. The majority leader is recog- VETERANS’ BENEFITS soul. nized. ENHANCEMENT ACT We ask You to pour out Your bless- f Mrs. MURRAY. Mr. President, we are ings on America. But we are weak, now 51⁄2 years into the war in Iraq. We Lord, prone to wander, and we feel it; SCHEDULE have been at war longer now than we prone to leave the God we love. Yet Mr. REID. Mr. President, we are fought in World War II, and we are cre- You are gracious, compassionate, full going to be in a period for the trans- ating hundreds of new veterans each of mercy, and eager to forgive. We turn action of morning business this morn- and every year. Yet, too often, what we to You for grace and hope and health. ing for 1 hour. The majority will con- have seen is that this administration May this be a day when all of us, in- trol the first 30 minutes and the Repub- has failed to acknowledge the price our side and outside this Chamber, wher- licans will control the final 30 minutes. veterans and their families are paying ever we be, seek the fulfillment of Je- Following morning business, the Sen- in service. From the shameful condi- sus’s words: ‘‘Thy kingdom come, Thy ate will resume consideration of S. tions at Walter Reed Hospital a year will be done, on Earth as it is in Heav- 1315, the Veterans’ Benefits Enhance- ago, and VA facilities across the coun- en.’’ ment Act. There will be up to 60 min- try, to a lack of mental health coun- I pray this in His precious Name. utes for debate on the Burr amendment selors, to a benefit claims backlog of Amen. prior to a vote in relation to the months and sometimes years for our

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

S3337

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But, veterans have been denied benefits for Internal e-mails that became public instead, this bill has languished for 9 over 60 years. How can we say giving in a court hearing showed that the VA months. Why? Because the Republicans them a few hundred dollars in the last has vastly downplayed the number of chose obstruction over our veterans. remaining months of their lives is too suicides and suicide attempts by vet- The majority leader and our chairman, much? Sixty-two years later, those veterans in the last several years. Senator AKAKA, have worked since last erans are in their twilight years. They Last November, an analysis by CBS August to try to come to an agree- need and they deserve the care this News found that over 6,200 veterans ment. They have tried to come to the country ought to give them. We cannot had, sadly, committed suicide in 2005. floor and work out amendments and make up for lost time for these vet- That is an average of 17 a day. When figure out a way to move this bill for- erans, but certainly we can right this they were confronted then, the VA ward. But for 9 months the Republicans injustice. We have the opportunity said: Oh, no, no, no, those numbers are preferred to play political games and today to do what is honorable, what is much lower than that. Now we find block this critically important bill. It moral, and treat our Filipino veterans that according to internal e-mails from is just part of an overall pattern we as the heroes they are, and it is long the VA’s head of mental health, Dr. Ira have seen on this floor with numerous past time that we did. Katz, 6,570 veterans actually com- bills we have been trying to bring for- I urge my colleagues to support this mitted suicide in 2005, an average of 18 ward. bill later this morning when we vote on a day. Those e-mails also revealed that Today, finally we have come to an it and to oppose the Burr substitute VA officials also knew that another agreement—late, but finally have come amendment which would remove those 1,000 veterans who are receiving care at to an agreement—and the Republicans provisions for our Filipino veterans. our VA medical facilities attempt sui- have agreed to move this bill forward. Our veterans have waited 9 months cide each month. Those numbers offer Later this morning, we are going to for this bill to come before the Senate. tragic evidence that our Nation is fail- have the opportunity to vote for legis- Our Filipino veterans have waited ing thousands of veterans every year, lation that extends important benefits and they reflect an administration that more than six decades. Our veterans to help our veterans transition back have all earned these benefits by sacri- has failed to own up to its responsibil- into civilian life. It expands home-im- ities and failed even to own up to the ficing for us. They should not be forced provement benefits to completely dis- to wait any longer. true impact of the war on our veterans. abled servicemembers before they What is most appalling to me is that To our VA which has continually hid- enter the VA system to help them this is not the first time the VA has den the facts from us, we need them to adapt to their new homes. This will covered up the problems facing our vet- be honest and forthright. This country prevent months or even years of delays erans who have sacrificed for our coun- wants to be there to support our vet- try. Time and again, this VA told us while they transition from the military erans, and we cannot do that if we are one thing in public while saying some- into the VA care. The bill we are con- being given misinformation. thing completely different in private. sidering extends monthly educational So my message to the VA is: We It is outrageous to me that our VA offi- assistance for veterans who are pur- stand beside you as a country to work cials would put public appearance suing an apprenticeship or on-the-job to make sure our veterans get the care ahead of people’s lives. Yet it appears training, and it requires the National and support they need. We expect you that is what is happening again and Academy of Sciences to study the risk to do the same. again. of developing multiple sclerosis as a re- Mr. President, I yield the floor. When we as Members of Congress sit sult of serving in conflicts since the The ACTING PRESIDENT pro tem- down to try to determine what re- gulf war. This last piece is one I have pore. The Republican leader. sources we need to give to the VA, we worked on extensively, as I have Mr. MCCONNELL. Mr. President, I have to truly understand what is going worked with gulf war veterans in my yield myself whatever leader time I on. If there is a problem, we have to State from the early nineties who are may use. act. It is our duty and the duty of this now coming in with high rates of mul- The ACTING PRESIDENT pro tem- administration to care for our vet- tiple sclerosis, to find out if there is a pore. The Senator has that right. erans. By covering up the true extent connection. It is a critical piece of leg- f of the problem, the VA has actually islation. But I am disappointed that the Re- 208TH ANNIVERSARY OF LIBRARY hindered our ability to get those re- OF CONGRESS sources to the veterans who need them. publicans object to the provision in the That is irresponsible, and it is wrong. bill before us that extends VA benefits Mr. MCCONNELL. Mr. President, the I have come to the floor today be- to Filipino World War II veterans. Library of Congress celebrates today cause we now have an opportunity to Those now very elderly Filipino vet- its 208th anniversary. On this day in extend benefits to our veterans. These erans were called to service by our 1800, President John Adams approved benefits that are in the bill that is be- country and by President Roosevelt in the appropriation of $5,000 for the pur- fore the Senate today will help them 1941. They served right alongside our chase of such books as may be nec- with job training, insurance, housing, U.S. troops. They fought to protect our essary for the use of Congress. and other matters. The bill that is be- interests as they were asked to in the The original collection included just fore us offers veterans peace of mind Pacific. They consider themselves to be 740 volumes and 3 maps, which are and will help them to readjust as they American troops, and we consider them stored right here in the Capitol. In come home to civilian life. to be part of our military. fact, what is now the reception area of The Veterans’ Benefits Enhancement We have a moral duty to repay their the Republican leader’s office was the Act the Senate is currently considering sacrifice by providing them with the Library’s very first home. When Brit- expands traumatic injury insurance. It care they have earned, just as we ish troops burned the Capitol building increases job training—vital to many should do with all of our veterans. But in 1814, they used the books and maps of our veterans who are coming home. in 1946, when the war was over, our Na- of the Library to ignite the flames, and It extends housing benefits to veterans tion turned its back on them and all 3,000 volumes in the collection were with severe burns, something we have stripped away their rights to their vet- destroyed. to do. And critically, it restores lim- erans benefits. That act of Congress de- Several years ago, when British ited pension benefits to Filipino vet- nied those men the access to health Prime Minister Tony Blair addressed a erans who fought for our country in care and limited compensation to half joint session of Congress, he visited the World War II. of what their U.S. counterparts re- leader’s suite and told then-majority

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3339 leader Bill Frist that although it was Back in 1995, when President Clinton As a child, Tyler had to wear braces coming a bit late, he was sorry for the vetoed a bill opening a very small por- to straighten his legs. But that didn’t fire incident. tion of the Alaskan National Wildlife stop him from going on to play sports Today, the Library of Congress is the Refuge to exploration, the price of oil and becoming a leader of other kids largest library in the world. There are was $19 a barrel. Over a decade later, both on and off the playing field. more than 138 million items, including when a million barrels a day from Tina remembers: books, recordings, photographs, maps, ANWR would have been flowing to U.S. Tyler was often teased for being so small. sheet music, and manuscripts. At the consumers, oil is $118 a barrel. While When he went out for football, he was so Library of Congress, access to this there is not much Government can do small none of the gear would fit him. The wonderful resource is no longer limited to lower gas prices overnight, this was coach got gear from the peewee football to Members of Congress. Today, the a policy that, had it not been vetoed 13 league and told me he was on the team be- general public can browse everything years ago, could be making a difference cause of his heart, his soul, and his determination. from Presidential papers to books in today. over 470 languages, dating as far back Democrats have also blocked pro- In addition to playing football and as the 15th century. posals to increase refining capacity, soccer as a kid, Tyler was active in his Two hundred eight years after its which would lead to additional supplies church, the First Church of Christ in launch, the Library is renowned for its and lower prices. We have had some Burlington. He convinced his family to original mission of making resources successes when we have acted in a rea- join as well and made friends through available and useful to the Congress sonable, bipartisan way, as we did the church’s youth group. and the American people and sus- when we raised the fuel economy Tina remembers how little trouble taining and preserving a universal col- standards and increased the use of re- Tyler gave her growing up. lection of knowledge and creativity for newable fuels in last year’s Energy bill. He always told me where he was going to future generations. Over 3,500 staff But we will not have a balanced, effec- be. I wish all parents could have that rela- members work for the Library, and we tive, sensible energy policy until we tionship with their kids. Tyler set the bar thank them for doing so much to keep with Katelyn and Nick because they saw how also address the issue of making more I trusted him. There was never a reason to our rich history and heritage alive. of America’s energy here at home worry. available to American customers. f Tyler was interested in bridges and So we want to know what is the LOWER GAS PRICES architecture and for a while set his Democrats’ commonsense plan to lower sights on becoming a structural engi- Mr. MCCONNELL. Mr. President, on gas prices? It was announced 2 years neer. After a family visit to California, another issue, 2 years ago today, ago. What is it? We haven’t seen it yet. he thought about going to school there. Democrats announced they had a com- What is taking them so long to unveil But then came the terrorist attacks of monsense plan to lower gas prices. it? The American people are waiting September 11, 2001, and those plans When Democrats took over control of and paying more at the pump each day changed. Congress last January, the average they wait. price of a gallon of gas was $2.32. Tina said: f Today, it is $3.53, according to AAA. When 9/11 happened, he came and told me Apparently, their commonsense plan is HONORING OUR ARMED FORCES he was going to join. He loved the Marines. He excelled at it. not working as intended. CORPORAL CHRISTOPHER TYLER WARNDORF In fact, since taking control of Con- Mr. MCCONNELL. Mr. President, I Tyler enlisted in the Marine Corps in gress last year, Democrats not only rise today in honor of a young man the fall of 2003, a few months after failed to deliver on their promise to from Kentucky who was lost in the per- graduating from Conner High School. lower gas prices, they have repeatedly formance of his duty. CPL Christopher He spent the whole summer beforehand pushed for policies that in fact would Tyler Warndorf, of Burlington, KY, was running and getting in shape. He was raise, not lower, prices at the pump. tragically killed on August 29, 2006, in assigned to Lima Company, 3rd Bat- Every week, I hear from Kentuckians Iraq’s Al Anbar Province, after an ex- talion, 8th Marine Regiment, 2nd Ma- who are feeling the squeeze each time plosion set by terrorists went off. rine Division, based in Camp Lejeune, they fill up their tanks. High gas prices A U.S. marine, he was 23 years old. NC, and was eventually sent to Iraq hurt families, hurt commuters, hurt Corporal Warndorf’s mother Tina ex- under the First Marine Expeditionary truckers, who are paying record prices plains the circumstances of her son’s Force, Forward. for diesel, and drive up the prices of death and how he died a hero. As a marine, Tyler deployed once to daily necessities, including food. Yet The suicide bomber’s plan was to come Haiti and twice to Iraq. While serving some of our friends, reverting to form, through the gates of their base. Tyler in Haiti, Tyler was appalled to see chil- appear to have no plan except to in- stopped him before that happened. dren forced to scavenge for food and crease taxes on energy companies, For his bravery in uniform, Corporal eat out of garbage cans. He sent to his which of course will raise prices for Warndorf received several medals, family a list of food to send, which he consumers, not lower them. awards, and decorations, including the passed out to the neediest kids. At a time of record-high gas prices, National Defense Service Medal, the Tyler did not let the thousands of Democrats want to tax them to even Navy Unit Commendation Ribbon, and miles between Iraq and Kentucky higher levels. The reality is high gas the Purple Heart. weaken the bonds between him and his prices are the result of misguided poli- Looking back, it is clear Tyler’s serv- family. His little sister Katelyn re- cies that have been in place for many ice to his country, and indeed his en- ceived a special birthday present when years and will take time to bring down. tire life, was a gift. Tina remembers she turned 13. Tyler had 13 white roses For example, for too long we have kept how she and Tyler’s father Christopher delivered to her class at Conner Middle too much of America’s oil and gas re- Joseph Warndorf were once told they School, while over the intercom a tape sources locked up, literally off limits could not expect to have children. of Tyler singing ‘‘Happy Birthday’’ and unavailable to help America’s fam- A month before we were to be married, the played. It was a touching gift from a ilies meet their energy needs. This has doctors told us children would not be pos- big brother who, had he been there, left us 60 percent dependent on foreign sible. We were ecstatic when we found out we would surely be looking over Katelyn’s sources of oil and vulnerable to price were going to have a baby. It was a pretty report card, as he had in the past. ‘‘He hikes and the whims of foreign govern- high-risk pregnancy and a tough delivery. made sure we got good grades,’’ ments. Tyler came in fighting and left fighting. Katelyn remembers of Tyler. ‘‘If not, We took a small step last Congress Tina and Christopher went on to have he would give us a talking-to.’’ when we opened an area in the Gulf of three children in all—Nicholas and Tyler’s family was blessed to receive Mexico to energy production, but there Katelyn soon joined eldest son Tyler, a phone call from him in Iraq before his is much more we can and should do if who went by his middle name because tragic death, on the happy occasion of we want to have a meaningful impact Tina didn’t want to hear her son called a new niece born into the family. ‘‘My on supplies and prices in the long term. Little Chris. daughter and I got to talk to him 45

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3340 CONGRESSIONAL RECORD — SENATE April 24, 2008 minutes before he was killed,’’ Tina re- The ACTING PRESIDENT pro tem- row, for one thing. Then we have to fin- calls. ‘‘If anything, it was comforting, pore. Is there objection to the modi- ish this. We have to go back into full because if it had been weeks, it would fication? conference. There are some items that have been really hard.’’ Mr. CRAIG. Mr. President, reserving are going to require a little bit of de- The support the Warndorf family re- the right to object. bate and some votes. Even if we were ceived during Tyler’s funeral was of The ACTING PRESIDENT pro tem- to finish this bill by next Wednesday, tremendous solace. pore. The Senator from Iowa. which I think is possible, it is going to Tina said: Mr. CRAIG. Mr. President, I am intake another week just to do the paper- I didn’t expect what we received. Streets clined to object. This is no reflection at work and get everything together. It is were lined the entire way to the funeral. I all on the chairman of the Agriculture humanly impossible—humanly impos- had no idea. For the visitation, the people Committee and the ranking member. sible—legislatively impossible to get gave me strength. Over 4,000 people visited. We are now 6 months into working on everything done in 1 week. That is why They will never know how much their sup- a new farm bill. In 2 weeks, we will I asked for 2 weeks, because that is report and kindness meant. probably start grain harvest in the alistic. It is unrealistic, at this point in One of those supporters was Tyler’s panhandle of Texas. Last week, I came time, on Thursday, to say we can get captain, who used to invite Tyler to his to the floor in a sense of frustration everything done by next Thursday. It house for dinner on weekends. He told and urgency for American agriculture, is just impossible. I want to be real- the Warndorfs that Tyler was such a for the Congress to complete its work. istic. wonderful person, he was as proud of I am told by the chairman and the I do not want to play any games him as if he had been his own son. ranking member that a great deal has around here. Frankly, we could finish My prayers go out to the Warndorf been accomplished this week and a our work, we can get the stuff done, family for the loss of this fine young sense of urgency is beginning to build. but we can’t get it all nailed down, the man. We are thinking today of his I would be willing to extend current paperwork done, all that stuff that has mother Tina; his brother Nicholas; his farm policy for another week while the to be done to clean up everything to sister Katelyn; and many other beloved principals work on the finalization of a get it to this body and get it to the family members and friends. Tyler was new farm bill because their work prod- House for a vote by next week—legisla- predeceased by his father Christopher uct is a good one. I am not here to de- tively impossible. Joseph Warndorf. stroy it. I am here to say, on behalf of I say to my friend from Idaho, you Tyler leaves behind many grateful American agriculture, they are sensing can either be realistic or unrealistic, people who were happy to have known urgency—it is time Congress senses ur- you can help us out and be supportive him and felt his presence in their lives. gency. Six months negotiating a bill in of a process that has taken a lot of His mother Tina expresses this feeling most people’s minds is about long time and effort by both Senator best of all, so I will leave my col- enough. CHAMBLISS and me, by Republicans and leagues with her words: So for a full 2-week extension, I will Democrats. We have been working very Many soldiers commented on how amazing object. I object. hard on this, and we are very close to he was. This made me very proud. He was my The ACTING PRESIDENT pro tem- getting it done. To put on just a 1-week confidant, my son, and my best friend. At pore. Objection is heard. extension is just unrealistic. least we got to have him at all. Mr. HARKIN. Mr. President, I say to Mr. CRAIG. Will the Chairman yield? The Senate salutes Christopher Tyler my colleague from Idaho that in 1996 Mr. HARKIN. I yield to my friend Warndorf for his service to his country. when that farm bill came up, it was 6 from Idaho. Mr. CRAIG. In everything I say, it is He reminded those who knew him what months late. It was signed into law not a reflection on the work of the Sen- it was to be a hero, and we will forever April 4, 6 months past due. I do not reate, it is a reflection of reality, and honor his noble sacrifice. call the Senator from Idaho raising any I yield the floor, and I suggest the ab- 1996 doesn’t have anything to do with objections. He was here at that time. it. This is 2008, and agriculture today is sence of a quorum. And that was an easy farm bill. This is The ACTING PRESIDENT pro tem- considerably different than it was in a very tough one. It is tough because pore. The clerk will call the roll. 1996. there are tax measures that have come The legislative clerk proceeded to Today on the news you are actually into it—not of my doing, not of the call the roll. hearing some supermarkets talk about Mr. HARKIN. Mr. President, I ask doing of my ranking member. But the the shortage of a food supply. I don’t unanimous consent that the order for Finance Committee and others got in- know if we have ever talked food sup- the quorum call be rescinded. volved in this, so we have tax measures ply shortages—ever in my lifetime—for The ACTING PRESIDENT pro tem- that have been a long, drawn-out proc- American consumers. pore. Without objection, it is so or- ess. This has sort of been out of our ju- If what the Chairman tells me is ac- dered. risdiction. curate, and I have no reason to doubt Senator CHAMBLISS and I have been f him—and Senator CHAMBLISS has done dogged in getting the work done on the a wonderful job of keeping me and our TEMPORARY EXTENSION OF THE Agriculture bill, and we have. I say to colleagues informed—but collectively FARM SECURITY AND RURAL IN- my friend from Idaho, if this were only you have told this Senate more in the VESTMENT ACT OF 2002 the Agriculture bill, we would have had last 10 minutes than we have heard in Mr. HARKIN. Mr. President, I ask this done a long time ago. This has to a month from the collective principals unanimous consent that the Senate do with tax measures. As such, neither on where we are with the progress. If proceed to the immediate consider- Senator CHAMBLISS nor I have control by next week you have completed your ation of S. 2903 introduced earlier of that; we are not chairman or rank- work and we are simply ready to ink it today by myself. ing member of the Finance Committee and get it into a final package—I told The ACTING PRESIDENT pro tem- or Ways and Means. Senator CHAMBLISS I wouldn’t be on pore. The clerk will report the bill by I say to my friend from Idaho, so the floor today if that had happened title. they were 6 months overdue in 1996. So this week. But it has not happened. The legislative clerk read as follows: we are over 6 months overdue right You have made progress. What is A bill (S. 2903) to amend Public Law 110–196 now. We are very close to getting this wrong, Mr. Chairman, with coming to provide for a temporary extension of pro- agreement done. We worked today, back here at the end of next week, re- grams authorized by the Farm Security and worked yesterday, and things are com- porting your work product and saying: Rural Investment Act of 2002 beyond April ing together. We made real progress. It Give us another extension and we will 25, 2008. has been slow, but it has been real. We put it in final. That is a report to Mr. HARKIN. Mr. President, I ask have reached a number of agreements, American agriculture, the kind they unanimous consent to modify the bill and we are very close to putting this now deserve, more than they did 6 at the desk to insert the date May 9, together. months ago. This is the fourth exten- 2008, in both paragraph 1 and paragraph Why would we want a 2-week extension you have asked for, and I am sim- 2, in lieu of May 2. sion? The House is not even in tomor- ply saying I will give you one more,

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3341 but you said it—the House is going out But here we are today on the very thing out that is unrealistic, people tomorrow. Is that a sense of urgency, verge, I think, based upon a meeting tend to pooh-pooh it and say: Oh well, that they are not staying here and Senator HARKIN and I were in this we will get another extension and we working and completing the work? morning. As soon as we leave here, we can dribble along. But if you know the Give them 2 weeks and they will go out go back into another meeting. We are curtain is coming down, then things another 3 days. going to stay there until we get some happen. That is why I asked for 2 America’s farming community senses of these key issues resolved. We are weeks. People know that is realistic. urgency at this moment. I hope we do. now getting to the point where, I We have to get it done. It has to be I know you do, and I know the ranking think, within a short term—I hope it is done. But if it is 1 week, then, well, we member did. In no way is this a criti- Monday, I hope it is no later than will come back next week, and hope- cism of your work product and your that—it may be, but I hope we can fully we can get whatever extension is work effort. You have done a mar- come back in and stand on this floor necessary to get the paperwork done velous job. But I think it is time col- and say that we have reached an accord and everything. lectively Congress get their work fin- and that we are going to be writing I want to say again, Senator ished. that bill over the course of the next 10 CHAMBLISS and I—all of us on the Agri- I thank the Senator for yielding. days, 2 weeks, whatever it may be that culture Committee worked very hard. Mr. HARKIN. We just have a dis- it takes to physically get the job done The groundwork was laid when Senator agreement on this issue. I guess, due to from the committee paper standpoint. CHAMBLISS was chairman of the com- the objection—I guess we will be back But we are very close. And I think mittee. When it changed hands after here probably again next week asking there is an opportunity to get this the last election and I was privileged to for another extension. done. It is not going to be done, com- take over as chairman, we worked to- The ACTING PRESIDENT pro tem- pleted, in the next week, but I have no gether. We passed a great farm bill in pore. The Senator from Georgia is rec- problem with a 1-week extension be- the Senate, something I was very proud ognized. cause I do think it will keep the pres- of, and I think Senator CHAMBLISS—all Mr. CHAMBLISS. Let me say by way sure on. It will require us to ultimately of us were. We passed a farm bill with of reporting where we are on this bill get something done. 79 votes. to all of our colleagues that we have 13 Another factor in here is the White Now, a lot of times people around the titles on the farm bill. We have now House. The White House has to be in- country—you hear them say: Can’t you closed six of those titles. I think by the volved because the President has to people quit your bickering and get end of the day there is the opportunity sign whatever product we send to him. things done? Well, I thought we did for us to close at least a couple more of Another problem is, if it were up to that on the farm bill. You can’t get those titles, maybe even more. Despite Senator HARKIN and me, we would have much better than 79 votes. That is the the fact that the House is going out had this bill done long ago. We had the most votes the farm bill has ever had today and we are still going to be here, shortest session in the Senate Agri- on the Senate floor. So Republicans, the principals involved in this from the culture Committee when we reported Democrats, East, West, North, South— conference standpoint as well as staff this bill out of the committee under different regions all were supporting it. are going to continue to work through your leadership. We got it done in a So you would think the administration this all through the weekend, as all of day and a half. We went into con- might have said: Well, gee, with that, our staff have done for all of these 6 ference, and we appointed our conferees maybe we ought to work with them months. Staff has been unbelievable, fairly quickly. It took the House al- and get it done. But we got a veto trying to wade through this. most 6 months to appoint their con- threat right away. But here is our practical problem. We ferees. We have 11 conferees, the House So, again, I thought we had a good have never had this problem with the has 49 conferees, all of whom have to be product here when we passed it in the farm bill. This is the third one I have available to be in 1 room at the same Senate. But, understanding that the been involved in as a Member of Con- time and all of whom had the oppor- House did not have the same views as gress—I have also been participating in tunity to discuss their particular part we did, we had to go to conference. But several others—and I have never seen of this bill. It has been a nightmare I can say this again, that I hope in an- this situation before; that is, we had to from that standpoint, but we are get- other farm bill that will come up 5 go to the Finance Committee and Ways ting closer. years from now, this is not going to and Means Committee to ask them for I appreciate the Senator from Idaho happen again, that this is not going to some spending savings and some rev- being reasonable with us as far as us happen again with the Finance Com- enue measures to allow us to write a getting a 1-week extension, and I would mittee and the Ways and Means Com- farm bill that is truly a meaningful implore that we move forward with it, mittee basically controlling our agen- safety net for our farmers and ranch- send it to the House, and hopefully get da. They are good people. I do not want ers. this concluded. to cast aspersions on any committee or But just as important, because 66 I yield the floor. anything like that. But they have their percent of the funding in this farm bill Mr. HARKIN. Mr. President, I wish to agenda, they have what they want to is going to our nutrition programs— echo a little bit what my friend from do. our food stamps, our school lunches, Georgia just said. I will say in all can- The Agriculture Committee did its our food banks, all of which are so inte- dor to my friend from Idaho that his work. As Senator CHAMBLISS said, if it grally important and all of which are action last week had an effect. I will be had been just our bill, the Agriculture within the jurisdiction of the Agri- very frank about that. It did not go un- bill, we would have been done with this culture Committee—we have had to noticed in our deliberations. Frankly, I a long time ago. Our differences, what- look to Ways and Means to finance like think it caused us to do a lot of things ever they are, are minor. We had basic we never had to before. in the last week. So I give that to my agreements on different parameters Second, the Senate had a tax package friend from Idaho. and things such as that. So we had a that is $7 billion on our bill that did I guess the only reason I was a little good bill, and we have made good not appear in the House bill. We had a upset, I think sometimes when we try progress. lot of disagreement, a lot of argument to do some things that are unreal- The other thing I wanted to say as about that. But as of last night, I think istic—I think the specter of what you long as I have the floor is that the we made some real progress. As I have said last week was pretty realistic, and President is not doing us any favors by already told my friend from Idaho, I that caused us to do some things. I the White House issuing the statement think his coming to the floor last week guess my only problem with this is that we should have a 1-year extension. and trying to tighten the screw and that I think everyone recognizes that For some of the reasons that I think saying he would object to another ex- even though we are very close, we can the Senator from Idaho pointed out, tension has had an impact on that, and get this done before next week, it can- prices going up and things like that, I am not unappreciative of the efforts not get done legislatively, the paper- people expect us to do something. And of Senator CRAIG. work. Sometimes if you hold someone of the big parts of this whole farm

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3342 CONGRESSIONAL RECORD — SENATE April 24, 2008 bill—in fact, the biggest part of this some incentives in there for farmers to (2) in subsection (d), by striking ‘‘April 25, farm bill is nutrition. Over 60 percent do it right, to put in grass waterways, 2008’’ and inserting ‘‘May 2, 2008’’. of this farm bill is nutrition; it is food to put in buffer strips, to do minimum The ACTING PRESIDENT pro tem- stamps, it is the TEFAP program, the tillage, to do all that is necessary to pore. The Senator from Massachusetts. Temporary Emergency Food Assist- conserve our soil and clean up our f ance Program, WIC, it is all of these water. We can have production, and we ORDER OF PROCEDURE programs that help low-income people can have good conservation. This bill put food on their table. Yet we know, puts a lot more money into the very Mr. KERRY. Mr. President, I ask with the increasing prices of food, peo- conservation programs that will allow unanimous consent that the time used ple are hurting, low-income people are farmers to go out and plant and grow in the colloquy we just heard not be hurting in this country. and yet be good conservationists. Yet, charged to either side and that the re- Well, with a 1-year extension, we give if we have a 1-year extension, we do not maining Democratic time be equally no relief at all to low-income families. have that. divided between Senator WEBB and my- In this bill, what we have agreed upon So for that and for a lot of other rea- self. so far is roughly about $10 billion sons, I wish the White House would The ACTING PRESIDENT pro tem- more—not base—$10 billion more in nu- quit talking about that and say: Look, pore. Without objection, it is so or- trition programs. Now, if we have a 1- you have a good bill. You have done a dered. year extension, that is gone. So I think lot of work. We will work with you. We Mr. KERRY. Mr. President, exactly we have an obligation here to help peo- will get this bill done, and the Presi- how much time is remaining? ple who are low-income, who maybe dent will sign it into law. That is the The ACTING PRESIDENT pro tem- had a job and lost it, who need to go on kind of cooperation we need from the pore. There is 16 minutes on the Demo- food stamps for a short period of time White House right now and not the cratic side. to be able to help their families. Well, veiled threats of a year extension, Mr. KERRY. I thank the Chair. if we have an extension, that will not things like that. f happen. I think the Senator from Idaho is NATIONAL SMALL BUSINESS Energy. We hear a lot of talk—I right, we have been so locked up in WEEK think it is misguided—about some of meetings on this that perhaps Senators the food going for ethanol and that is and their staffs and others have not Mr. KERRY. Mr. President, this is causing a lot of problems. That is not really been brought up to speed on National Small Business Week. This it at all. That is not it at all. A lot of what we are doing. I want to take this country has nearly 27 million small people have the mistaken idea that the opportunity to bring them up to speed businesses in total, and their contribu- corn that is being made into ethanol is as to where we are in all of these nego- tions to the country are remarkable. the corn people eat. That is not so. tiations. They create the majority—the vast People do not eat that. It is not the We are very close. We are meeting majority—of jobs, they drive the econ- kind of corn you buy and you eat on right now again at 10:30 and will pro- omy, and they are part of the solution your plate at night. This is the corn ceed on today, tomorrow, through the to lead us out of economic downturns. which is fed to chickens and cows and weekend if necessary to get this done. But if we are going to really pay appro- hogs. Most of the hungry people in the I ask unanimous consent that the bill priate tribute to small business during world are not hungry because they are be read three times and passed, the mo- Small Business Week, we frankly need not getting meat; they are hungry be- tion to reconsider be laid upon the to do more than simply provide lip cause of subsistence diets. So the eth- table with no intervening action or de- service; we need to promote policies anol thing is kind of a bugaboo; that is bate, and any statements related to the that work for small businesses, not a phony issue out there. But we recog- bill be printed in the RECORD. policies that favor large businesses nize the limits, and we recognized that The ACTING PRESIDENT pro tem- under the guise of helping small ones. in the Energy bill we passed where we pore. Is there objection? In the Committee on Small Business mandated a renewable fuels standard, Mr. CRAIG. Mr. President, no objec- and Entrepreneurship, we have worked but we said that, of that, no more than tion, but this was the original at the on behalf of small business on a bipar- 15 billion gallons a year from present desk, not the one amended by the tisan basis. Senator SNOWE, the rank- sources, corn. So therefore we want to Chair? ing member, and I and the entire com- move aggressively into cellulosic eth- The ACTING PRESIDENT pro tem- mittee passed unanimously three bills anol, using wood products and waste pore. The Senator is correct. to improve small business services that products and things such as those for Mr. CRAIG. I thank the Chair. help America’s job creators expand making ethanol. This bill pushes us in Mr. Chairman, let me thank you for their payrolls. Unfortunately, these that direction, moves us aggressively that report. I do not know if there is bills have been blocked for a full year in that direction. Well, if we have a 1- anyone here in ag country who does by some in the Senate: S. 1256, the year extension, we will lose yet an- not want your work product to become Small Business Lending Reauthoriza- other year or two on that. policy as soon as possible. tion and Improvements Act of 2007; S. Lastly, let me mention conservation. I think the colloquy this morning has 1662, the Small Business Venture Cap- Millions and millions of acres are com- been extremely valuable. Please go ital Act of 2007; and S. 1671, the Entre- ing out to be used for crop production. back to work. preneurial Development Act. The ACTING PRESIDENT pro tem- You cannot stop it. These are contracts S. 1256, the Small Business Lending pore. Without objection, it is so or- that farmers had to set aside land. The Reauthorization Improvements Act, dered. passed the Small Business Committee contracts are up. Because of the high The bill (S. 2903) was ordered to a 19 to 0 on May 16, 2007, almost a year prices of wheat and corn and beans and third reading, was read the third time, ago. This legislation authorizes the other commodities, farmers now see and passed, as follows: they can make money by planting row Small Business Administration’s major S. 2903 crops. That is fine. That is good. That lending programs which are the largest Be it enacted by the Senate and House of Rep- source of long-term capital for small will help keep the prices of food down. resentatives of the United States of America in We need that productive capacity. Congress assembled, businesses in the country. The bill also That is what was so good about the SECTION 1. ADDITIONAL TEMPORARY EXTEN- strengthens the microloan program, a Conservation Reserve Program. It was SION OF AGRICULTURAL PROGRAMS concept that has proven unbelievably like a reservoir, that if we needed it at AND SUSPENSION OF PERMANENT effective around the world in helping some time, we could use it. Well, now PRICE SUPPORT AUTHORITIES. men and women lift themselves and is the time. We are going to use it. And Effective April 25, 2008, section 1 of Public their families out of poverty by accu- Law 110–196 (122 Stat. 653) (as amended by more crops will be planted on this land. Public Law 110–200 (122 Stat. 695)) is amend- mulating assets, building wealth, and But some of these lands are fragile, ed— creating jobs. That is very important they are hilly, they are highly (1) in subsection (a), by striking ‘‘April 25, because the income gap, the economic erodable. So therefore we need to put 2008’’ and inserting ‘‘May 2, 2008’’; and gap, is growing year by year. When an

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3343 average White family’s net worth is suring that small businesses survive the question of assisting Filipino vet- $67,000 but an average African-Amer- the economic downturn and continue erans for their service in World War II ican family’s income is only $6,100, we to provide jobs and income to families is complicated by the notion of the po- have a long way to go in terms of cre- and communities. litical status of the Philippine Islands ating wealth and fairness. The SBA This bill also increases assistance for at the time. They were, in fact, a terri- loans fill a gap left by traditional small businesses wishing to conduct tory of the United States politically, bankers and play a significant role in trade. Small businesses are 97 percent and they served under the command, in meeting the capital needs of business of all exporters, and for each additional many cases, of American commanders owners in underserved areas. If S. 1256 $70,000 in exports generated, one addi- and not simply in affiliated allied sta- is enacted, we will be able to leverage tional U.S. job is created. These jobs tus as, for instance, the veterans of the $87 billion in loans to more than 100,000 pay 18 percent more on average than South Vietnamese Army during the small businesses and reduce redtape for nontrade-related jobs. So small busi- Vietnam war. borrowers and lenders. ness success helps the economy and This situation is unique. It is com- S. 1662, the Small Business Venture creates jobs. plex, and it does create a series of obli- Capital Act of 2007, passed the Small Lastly, this bill creates a number of gations by our Government toward Business Committee 19 to 0 on June 26, pilot programs to help small businesses these people. 2007, 10 months ago. This bill would deal with rising health care costs and There is precedent of sorts for this simplify the Small Business Invest- regulatory burdens, all of which hinder activity. I go back to 1976, when Presi- dent Ford signed into law a provision ment Company Debenture Program so small business success. It creates new that gave limited veterans’ status to it is more attractive to investors and programs in support of Native Amer- Polish and Czechoslovakian freedom allow the SBA to stabilize losses in the ican entrepreneurship and takes steps fighters who served during World War SBIC Participating Securities Pro- to improve small business ownership II, not with the United States military gram. The version of the bill we are by minorities in highly skilled fields at all but had migrated to the United trying to pass does not reauthorize the such as engineering, manufacturing, States. The logic was given at the time SBIC Participating Securities Pro- science, and technology, and it guides that since Poland and Czechoslovakia gram, as some in the past have sug- them toward entrepreneurship as a ca- gested in public debate. They used that had fallen under Communist rule, they reer option. had lost the government that would as one of the justifications for opposing These bills I have described have the have been able to give them veterans’ efforts to pass the bill last December. ability to help more than 1 million The bill focuses on improving the SBIC benefits, and our Government did pro- small businesses. They would help with vide limited veterans’ benefits to those debenture program, which is an initia- credit, with venture capital or with tive that has actually given us extraor- people. counseling. It makes no sense at all to What we are talking about in this dinary job creators, such as FedEx, have one or two folks in the Senate bill is the notion of according veterans Intel, Calaway Golf. They have more holding up the ability to move forward pension rights to Filipino veterans of than repaid the cost of anything to the on these when our economy needs inno- World War II living in the Philippines. Federal Government through taxes vation and, frankly, the job creation It is important to emphasize to my col- paid and jobs created. these businesses create. With 80,000 leagues that under veterans law, pen- In addition, S. 1662 reauthorizes the jobs lost in March alone and almost sion is not a gratis benefit such as, for New Markets Venture Capital Pro- 300,000 jobs lost since January, there is instance, a Social Security pension gram. This program addresses the mar- no time to waste. that is given no matter one’s economic ket gap in venture capital for compa- I hope we can get these bills done and status. In veterans law, pension is nies located in low- and moderate-in- do so shortly. given based on need. This has been the come, rural, and urban areas—i.e., high I yield the floor. focus of the debate for more than 30 unemployment areas—as well as the The ACTING PRESIDENT pro tem- years, as to how do you define, under need for smaller deals that neither tra- pore. The Senator from Virginia. American law, the cutoff in terms of ditional venture funds nor the SBIC f standards of living inside the Phil- Program will make. It has proven suc- VETERANS COMMUNITY ISSUES ippines. cessful so far, and we need more com- This is where Chairman AKAKA and munity development venture capital to Mr. WEBB. Mr. President, I rise to his staff have worked so assiduously to create sustainable, high-quality, local talk about two issues with respect to come up with something that is fair. In jobs. This bill would allow the SBA to our veterans community. First, I ex- order to apply for a veterans pension, start anywhere from 10 to 20 more press my strong support for S. 1315, as you have to be in financial need. And funds. Without this Government part- reported by the committee, and my the amount you receive is basically to nership, these investments are not thanks, as a member of the veterans get you to a certain level that gets you going to be done. So at a time when committee, to Chairman AKAKA for all above the poverty level. So the average our economy is pressured and hurting, the work that went into this legisla- annual pension in the United States for when we need to create jobs, it doesn’t tion. an American veteran is just under make sense for the Senate to be block- I wish to spend a little time talking $10,000 a year. You can get up to nearly ing something that came out of com- about the provision of the bill that is $15,000 a year in the United States in mittee 19 to 0, in a totally bipartisan in question. As someone who began your veterans pension program, and effort. The bill also aligns the New working on veterans law as a com- under some extremely unusual cases, Markets Venture Capital Program with mittee counsel in the late 1970s, I un- you can get up to $18,000. What we are the New Markets Tax Credit Program, derstand the concerns of the Senator talking about, the way the committee which is exactly what Congress in- from North Carolina about the provi- staff has worked this out in terms of tended. sion with respect to Filipino veterans equity, is giving the Filipino veterans S. 1671, the Entrepreneurial Develop- who are living in the Philippines who living in the Philippines a $3,600-a-year ment Act, passed the Small Business would receive pension benefits from pension based on need, once they go Committee 19 to 0 on June 26, 2007, also this bill. I emphasize that I believe the into the U.S. formula. It is not a per- 10 months ago. This act reauthorizes chairman has done a great job in try- fect solution, but I do believe it is an and improves the Small Business Ad- ing to balance a list of powerful com- equitable solution. I intend to support ministration’s entrepreneurial develop- peting considerations that go to the as- it. ment programs such as small business pect of basic fairness to those who The second issue I would like to dis- development centers, women’s business served. cuss relates to a piece of legislation centers, and SCORE. Poor management This issue has been around a long that was introduced a couple days ago decisions are the No. 1 reason busi- time. People have struggled with a way by Senator BURR, with Senators nesses declare bankruptcy. In a shaky to resolve it. The fairness aspect cuts GRAHAM and MCCAIN as cosponsors. It economy, the topnotch counseling pro- both ways. As Senator INOUYE and oth- is apparently designed to be an alter- vided by these services is critical to en- ers have been so clear in pointing out, native to S. 22, the comprehensive GI

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3344 CONGRESSIONAL RECORD — SENATE April 24, 2008 bill I introduced nearly 16 months ago, justment difficulties, and this is the Fixed-income seniors, though, are which was recently modified and re- pool we are trying to assist with this not the only ones suffering record pain introduced to reflect the collective legislation. The military is already at the pump. Consider the plight of view of a wide range of experts, both doing a very good job of managing its low-income workers struggling to get inside Government and in the veterans career force. It is not doing a very good to work. Their affordable housing is a community. S. 22, the bill I originally job of assisting this large group of peo- great distance, maybe, from where introduced, now enjoys strong bipar- ple as they attempt to readjust to ci- they have a good-paying job. Maybe tisan support. We have 57 cosponsors in vilian life, and this is the primary they are driving from the inner city the Senate. That includes 11 Repub- focus of S. 22. With respect to active out to a suburban job or from a distant licans. Among the cosponsors on this duty retention, a good GI bill will in- suburb, where housing prices are lower, bill are the Senator from Missouri; crease the pool of people interested in to the city. Either way, modest-income Senator WARNER, former chairman of serving, lower first-term attrition, and folks with the least ability to pay high- the Armed Services Committee; and would have a negligible impact on reer gas prices are hit especially hard. many others, Senator HAGEL, who, tention itself. What about truckers? For all the along with myself, is the only ground I see my time is about to be called by hard work they put in on the open combat veteran from the Vietnam war. the Presiding Officer. roads, they never seem to make more A majority of the House is cospon- Mr. President, I yield the floor. than a modest living. Now they are soring the exact version of S. 22 that The ACTING PRESIDENT pro tem- being hit with even higher diesel we reintroduced. Most, if not all, of our pore. The Senator from Missouri. prices. At $4.20 a gallon, diesel prices leading veterans organizations have en- f are 40 percent higher than they were a dorsed S. 22. In fact, it is important to GAS PRICES year ago. Unfortunately, this pain at the pump note that the major pieces in this legis- Mr. BOND. Mr. President, I come to is just one more burden families and lation were specifically endorsed in the the floor today to note an anniversary. workers are bearing at the same time recent Independent Budget submitted Although you may have noticed there as a housing meltdown, higher food by a consortium of our top veterans or- has been no gift giving, no celebration, ganizations. no remembrances of the day, the prom- prices, higher health care prices, high- The proponents of this newly intro- ise was made. That is because the peo- er power bills, higher heating bills, and duced legislation, Senators BURR, ple who made the promise failed to I expect, this summer, higher air-con- MCCAIN, and GRAHAM, maintain S. 22 keep their promise. They failed to ditioning bills. So what is the Democrats’ ‘‘common- would be too generous to today’s vet- bring the change they promised. erans of Iraq and Afghanistan, would Now, to what promise am I referring? sense plan’’ to lower gas prices and be too difficult to administer, and I am referring to the day, 2 years ago help working families? With record- would unduly harm the retention of today—April 24, 2006—when then-House high gas prices, it is clear we are still our active duty military people. I em- minority leader NANCY PELOSI an- waiting for the ‘‘commonsense’’ part of phasize that these assertions are incor- nounced ‘‘Democrats have a common- the solution. About the only thing we rect. I would say to all those Senators, sense plan to help bring down sky- have heard proposed from the other whom I deeply respect—and I enjoy a rocketing gas prices.’’ She told the side is to increase taxes on oil compa- long friendship with Senator MCCAIN American people that if they put nies. Since when does raising taxes on that goes back 30 years—we have a lot Democrats in charge of the House and something increase its supply or lower of issues to debate in this Senate. We the Senate, we would all see lower gas its price? Never. Again, that is all we have a lot of issues to debate in the prices. The then-minority leader, the hear. campaign this year. But this should senior Senator from Nevada, said, on What is so sad is the fact that we are not be one of them. that same day, that it was just ‘‘about sitting on top of a big part of the solu- S. 22 is hardly too generous, unless priorities.’’ tion. We can lower the prices by tap- people are prepared to say that the Well, it is time to get real about en- ping the millions of barrels of oil just World War II GI bill was too generous. ergy. Democrats running for office waiting for us here in America. To the contrary, we have taken 15 across the Nation in 2006 said change In Alaska, above the barren Arctic months, with daily cooperation with would come with a Democratic Con- Circle, Democrats refuse to allow us to all the major veterans groups and with gress. Well, we certainly got change all tap millions of barrels of oil in an envi- many Members of the Congress. We right. Since the Democrats have come ronmentally safe manner. They say have listened to them. We have refined to power in the House and Senate, pain drilling in an area smaller than the this legislation in many important at the pump has increased by 50 per- size of Dulles Airport would have too ways, and it is our best collective, bi- cent. Americans who paid, on average, great an impact on an area the size of partisan effort to mirror the types of $2.33 a gallon in January 2007 now pay the State of South Carolina. Congress, benefits that were given to those who $3.53 a gallon, on average—hardly a in 1996, passed a budget resolution served in World War II. change any of us bargained for. How- which would have allowed the opening Nor would this bill be too difficult to ever, $3.53 is just the national average. of ANWR. However, President Clinton administer. There was a list of con- Some are paying much more. To just vetoed that resolution, pointing out cerns about our bill when they intro- take a few States, in California, it is that he opposed and would not support duced this other version, which is the $3.87; in Nevada, it is 3.60; in Illinois, it opening ANWR. Had ANWR been reason that compels me to explain this. is $3.67; in New York, it is $3.67. Mr. opened, there would be a million more We worked closely with the Depart- President, $1.30 more for a gallon of gas barrels of oil a day flowing into the ment of Veterans Affairs and with com- is certainly not the kind of change I United States. mittee staff on the Senate Committee would believe in or support. Now, speaking of South Carolina, on Veterans’ Affairs. We have ad- What is this doing to hardworking Democrats refused to let us get at mil- dressed every major concern. For these families struggling just to get by? lions of barrels of oil and natural gas a reasons, Chairman AKAKA of the Vet- ‘‘With gas hitting record highs, drivers safe distance off our coastal shores, lit- erans’ Affairs Committee and Chair- [are] feeling squeezed,’’ as my home erally unseen because it is over the ho- man LEVIN of the Armed Services Com- State Kansas City Star reported this rizon. Some say this is another exam- mittee have cosponsored this bill. week. For example, Carol Licata, a 75- ple of ‘‘not in my backyard,’’ or Finally, there is no indication this year-old retiree, told in the story of ‘‘NIMBY,’’ but this is really a case of bill would unduly harm active duty re- how a larger part of her fixed income is not in ‘‘your’’ backyard because the tention. Recent statistics from the now going toward gas. She said that people, for example, of Alaska and Vir- Army and Marine Corps show that 70 to ‘‘to get to the doctors . . . it’s an awful ginia are happy with and want to tap 75 percent of soldiers and marines who lot of money . . . I don’t drive that the oil and gas on their lands and off enlist return to civilian life at, or be- often, but I have to take necessary their shores. fore, the end of their first enlistment. trips . . . and [gas] takes a big chunk But Democrats still refuse to unlock This is the pool that is having read- out of our budget.’’ the vast untapped natural resources

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3345 here at home. Our dependence on for- not had anything happen in the Con- Rather than show us their common- eign sources of energy grows greater, gress that would indicate that this sense solution, as Speaker PELOSI and families continue to suffer. Is it ‘‘commonsense plan to help bring down talked about, they have opted to pur- any wonder Americans are fed up? skyrocketing gas prices’’ is any closer sue political posturing, which has done Democrats are looking at thirsty today than it was 2 years ago. You nothing to deal with the problem. So, Americans and saying: You should would think, if any party has a com- as we see, the problem just gets worse drink less or drive less. Now, do not get monsense solution to help reduce the and worse and worse. me wrong, I support and have sup- pain at the pump, they would be eager Now, our side does not have all the ported aggressive but achievable auto- to unveil it and to debate it on the answers, but we have proposed some mobile fuel efficiency increases, floor, to show it off. But, of course, as good solutions, I think, which would incentivizing low-emission vehicles we finished out the 2006 session of Con- help address America’s growing energy such as hybrids and plug-ins, and more gress, we got no such bill. crisis that we should and could act fuels from renewable sources, but these So again, as elections are heating up, upon to start bringing the price of gas are long-range solutions that will not and, as we all know, our constituents down. pay dividends for years. back home are feeling the pain at the Let me say, first of all, there are sev- Some say opening our reserves would pump—and whereas there is a lot of eral reasons why the price of gasoline not pay dividends for years. While it concern today about food prices—a lot is so high today. First and foremost is will take time for the oil to start flow- of the increase in food prices is caused skyrocketing consumption in other ing, there would be a message. Right because of increased costs of produc- parts of the world. This commodity is now, the market is factoring in the tion on the farm, primarily energy in great demand, and we are competing present U.S. attitude which says we costs. Again, we see that as it becomes literally with the entire world for this will do nothing to increase our supplies a political football, it has become scarce commodity known as oil that is of oil. A change in our attitude would something to talk about in election then refined to make gasoline. Of change their attitude for the future. season. But when it comes to the fact course, we know there remains polit- Saying we are going to increase supply that now our Democratic friends have ical unrest in producing countries as well. and cut demand would help relieve the control of both Houses of Congress, we Every one of these problems could be pressure. I think we need to support it. have seen no action—zero action— mitigated, if not solved outright, by Another pressure I support relieving taken to reduce the price of gas. promoting and investing in America’s is continuing to add to the strategic The price of gas, as we know, has natural resources rather than con- petroleum reserves during times of continued to go up. Here is a chart that tinuing to be so dependent on imported record-high prices. We need to stop indicates—right here on Capitol Hill— oil and gas from dangerous parts of the supplying these strategic petroleum re- that back in, I guess we can call it, the world and from our enemies such as good old days, unleaded regular was serves when gas hits $3 a gallon. Hugo Chavez in Venezuela. Unfortunately, my friends on the $3.09 a gallon. Today, in April 2008, it is We are a politically stable nation other side, predominantly, support leg- $3.49 a gallon, right here in Wash- with the resources to invest in main- islation that will send gas prices even ington, DC. In some parts of the coun- taining our infrastructure and to add higher. I am referring to the Warner- try, it is approaching $4 a gallon. production that would greatly increase Lieberman climate bill the majority While $3.09 is certainly not a low the available oil and gas supply. All of plans to bring to the floor in early price by anybody’s reckoning, it cer- that adds up to lower costs at the pump June. In pushing forward that bill, tainly looks pretty good today. But, and more money in the pockets of Democrats are willing to say that $3.53 frankly, we have not seen our col- American citizens. a gallon gas is not enough. They will be leagues on the other side of the aisle There is a lot Congress can do that telling the American people that gas work with us to support any legislation would be positive, but the one thing we prices should be even higher. that would be calculated to bring down can’t do is to repeal the law of supply The Environmental Protection Agen- the price of gas at the pump. As a mat- and demand. When you have a fixed cy recently estimated that Lieberman- ter of fact, this is calculated into the supply and the demand goes up, the Warner will force gasoline prices to inaction as a result of the energy poli- price invariably goes up. I don’t know rise $1.44 per gallon higher. For those cies by the majority, and you see it why Congress refuses to acknowledge of you keeping score at home, that costs the average American family that simple law of economics of supply would mean $5-a-gallon gasoline. It $1,400 a year in additional energy costs, and demand, and add to the supply. boggles the mind, the majority advo- additional gasoline costs. First and foremost, we need to in- cating $5-a-gallon gas in just over a So while the majority, which really crease American energy production month, but that is what they would be runs the Congress, is quick to blame right here at home. Unfortunately, we doing supporting that bill. That is not others for high oil prices, it is, in fact, see time after time and, again, our col- the kind of change our families and their inaction that continues to raise leagues on the other side of the aisle workers need. That is not common gas prices. I wonder how long it will be block commonsense energy policies sense. That is why there are no flowers before our friends on the other side of that would give American companies today, no fancy dinner tonight. On this the aisle—who won the last election, access to valuable resources such as oil anniversary, there will only be more who claimed a mandate as a result of deposits in the Arctic, in Alaska, the pain at the pump. that election—are actually going to act Outer Continental Shelf, on Govern- Mr. President, I thank the Chair and like the majority that they now are ment lands, and shale oil sites that yield the floor. and help work with us to bring down have great promise in terms of the vol- The ACTING PRESIDENT pro tem- prices at the pump. How long will it be ume of oil that can be produced, the pore. The Senator from Texas. before they stop pointing the finger of major component of gasoline. Of all of Mr. CORNYN. Mr. President, I thank blame and start looking in the mirror the cost drivers in gasoline, it is the the distinguished Senator from Mis- for the solutions? price of oil that causes the greatest in- souri for making enormous common The only way we are going to resolve crease. If we could increase the supply sense on a subject where, frankly, the this schizophrenia when it comes to of oil by increasing America’s supply of Congress can only be characterized as our energy policy is by Republicans oil by developing the resources we have having a schizophrenic approach to our and Democrats working together to in our country, it would vastly improve energy crisis today. Congress always pass commonsense legislation which the situation we are in now. seems to talk a good game, but when it will have the effect of bringing down In addition to lowering prices at the comes to actually doing something the price of gasoline at the pump. I will pump and increasing domestic energy about it, the solutions seem to be few talk about some of those in a minute. production, it would also create more and far between. The simple truth is, those who have jobs in America. At a time when Con- I, too, think it is important to re- been entrusted with the majority in gress is passing economic stimulus pro- member that since Speaker PELOSI the Senate and the House have failed grams, spending enormous sums of tax- made that promise 2 years ago, we have to act to lower energy prices at all. payer money, one of the best things we

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In fact, I recall a economy, would have an additional Wouldn’t it be nice to see that on the great deal being made about what the problem of seeing vacationers not come side of a gas pump here at home? Think gas prices were then, when they to our attractions and beaches and of the thousands of jobs that could help reached $3 a gallon in April of 2006, and maybe hurt our tourism economy as kick-start our economy if we actually I recall a big show up here at the gas well. encouraged American energy produc- station on the corner, right here on Something else we can do is to seri- tion and less dependence on foreign Capitol Hill, about how if Democrats ously consider suspending the produc- sources. were in charge, this wouldn’t be hap- tion of so-called boutique fuels. This is Beyond increasing the supply of oil, pening; it was only because Repub- a requirement by States that mandate we also need to increase our refinery licans were in charge that gas prices the use of different fuel blends to meet capacity, the place where that oil is had reached $3 a gallon. Now we are clean air standards. As States develop then made into gasoline. We haven’t looking at a situation where they are more and more requirements, the built any new refineries in this country $3.69 in April of 2008, 2 years later. blends of fuel increase in number and since the 1970s because of restrictive The Democrats, as my colleague from now there are dozens of these fuel policies of the Federal Government. Texas said, the House and the Senate blends. Each one of them puts a strain One of the most costly steps in pro- leadership, with great enthusiasm, on oil refineries which already are ducing gasoline is refining oil to make took control of both Houses of the Con- stretched to the max. States need to it usable in vehicles. Since we have gress and promised the American peo- work to reduce the number of boutique limited refining capacity—again, the ple they would lower gas prices, they fuels and increase their cooperation law of supply and demand—a fixed sup- would change the dynamics, and they with oil refineries to harmonize fuel ply and increasing demand is driving would deliver. We were promised an al- blend requirements. In other words, we up the cost of gasoline because we ternative to paying $3 a gallon. I don’t all want clean air, but every State’s don’t have the refinery capacity to think what they meant was to pay $4 a version of how we get there ought to make the gasoline out of the oil. So gallon, but it was an alternative to pay not be an individual act, but ought to prices continue to go up. less. be harmonized so we can then shorten Finally, any American energy policy American families are hurting. AAA or lessen the number of additional fuel must, of course, include alternative reports that today’s price of $3.50 a gal- blends that have to be made. sources of energy. We need to look to lon is the highest average price they In addition, we need to expand refin- technology in our American legacy of have ever had on record. Families are ery capacity in this country. We innovation and research to help reduce paying record high gas prices and we haven’t built a new refinery in 30 our need on oil and gas, whether do- still haven’t passed a sensible energy years, yet we keep saddling our fuel mestic or foreign. But that is not going policy that gets to the heart of this system with more and more mandates. to happen overnight. It is not going to matter. Until that policy is passed, we We do need to find a way where we can happen even in the near term. But long ought to do what we can to offer Amer- create more avenues for refining fuel. term, clean coal technology, nuclear icans who are frustrated with the cur- Our industry refines approximately 18 energy, even biofuels and wind energy rent prices some much needed relief. million barrels a day, but we use over can help reduce the strain on our gas Currently, oil is nearly $120 a barrel. 20 million barrels a day. That means supply by taking some of the energy High fuel prices are translating into we have a shortfall between what we load off of oil. higher prices for groceries. What fami- can refine, what we can actually do in We need to be careful not to cherry- lies need is relief. We need to do what that regard, and what must be im- pick a few politically correct solutions. we can to stem the rise of gasoline ported from other parts of the world. We have already seen the increase in prices at the pump. So as unthinkable as it is, the United the cost of food, in significant part be- One of the ways I think we could do States has to import refined fuel. We cause of food being used for fuel. Even that and benefit our economy at the shouldn’t be in that fix; we should be with the best of intentions of an eth- same time is a summer holiday from able to stay ahead of the demand. anol policy, it has created an impend- the 18-cent-a-gallon Federal gas tax. I We need long-term solutions to our ing crisis when it comes to using food have joined with several of my col- energy problems. There are alternative for fuel. leagues in supporting a gas tax holiday sources of fuel, such as cellulosic eth- I think it is time for us to take defin- from Memorial Day to Labor Day. anol, where it is synthesized using ag- itive steps to help reduce the cost of What a concept. Wouldn’t it be nice. By ricultural waste, biomass, and other gasoline at the pump. We have some so- suspending the gas tax 18 cents a gal- byproducts that are renewable sources lutions, if we would get some coopera- lon on gas and 24 cents on diesel, it of energy and that do not compete with tion on the other side of the aisle. would be putting money back into the the food chain, which is an increasing Since the Democrats are now in pockets of American families. This problem we are finding. Florida could charge, we would expect them to lead, would help those who have to drive play a huge role in developing these to keep the promise that Speaker great distances for work. fuels of the future and fuel tech- PELOSI made 2 years ago. We wish to Many people in Florida who want to nologies. help them come up with a common- find affordable housing have to be a I was pleased that our energy bill sense plan to help bring down sky- long ways from work. Florida doesn’t last year included a very robust focus rocketing gas prices. But continued ob- have the kind of mass transit system on these new emerging technologies struction, continued schizophrenia, and many places in the Northeast and that will require 21 billion gallons of continued reliance on politically cor- other parts of the country have. They cellulosic ethanol by the year 2022. rect solutions which sometimes end up have no option but to get in a car. Florida has a real potential to be a backfiring is not the way forward. The When they do, they get hammered at leader in biomass production, and we American people are looking to us for a the gas pump. People in the trucking are quickly becoming leaders in this solution and it is high time we deliver. industry are finding increasing prob- field. I yield the floor. lems in meeting their needs because So for the long term, we have taken The ACTING PRESIDENT pro tem- diesel fuel costs are so high, so the cost some steps necessary to provide Ameri- pore. The Senator from Florida is rec- of transporting goods is also going up. cans with more alternatives to paying ognized. One of the things that benefits my high gas prices at the pump, but more Mr. MARTINEZ. Mr. President, I State greatly is when the American must be done. We must increase, where want to follow my colleague from family jumps in their car and goes for possible, more domestic production. We

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3347 need to also continue to expand ave- of Hawaii. Before I make my statement At that moment, we did not have an nues of research and opportunities for on S. 1315, I yield time to the senior ambassador nor an embassy, but we new fuel breakthroughs. I continue to Senator from Hawaii, Mr. INOUYE. had a high commissioner who was not believe that America’s ingenuity is our The PRESIDING OFFICER. The sen- authorized to accept applications for greatest strength and we can look to ior Senator from Hawaii is recognized. citizenship. Remember, one of the ways in which we can utilize that inge- Mr. INOUYE. Mr. President, in 1898, promises was citizenship. nuity to find ways so we might conquer when the United States defeated Spain So about December, Washington sent this addiction, as it might be called, to in the Spanish-American War, we found an official of the Immigration and Nat- refined fuel. We must do better. We ourselves suddenly becoming a colonial uralization Service to receive applica- also have to help the American family power. In opposition was the Phil- tions from Filipinos. Well, he had no to get away from $3 and $4 a gallon for ippines. Until the end of the war, World staff; he had to do it all on his own. gasoline. It is time we find a way to War II, we exercised jurisdiction over But within a month, Washington de- help the American family. the Philippines like a colonial power. cided to recall him. So here we had line Beyond that, I think there is one However, in July of 1941, when we upon line of Filipinos waiting to sub- thing every American can do today, noted the presence of war clouds over mit their application but no one to re- and that is to conserve. If we were to the Pacific and Asia, we called upon ceive it. conserve fuel and do that in a signifi- the Filipinos to consider volunteering Then, in early February of 1946, the cant way, I know we would lower the to serve the United States under Amer- Congress of the United States passed a prices of gas, not only of fuel in the ican command. Thirteen days after De- measure signed by the President re- barrel but also at the pump. I think all cember 7, we issued a command order pealing and rescinding the act that we Americans have an interest in con- inviting Filipinos to volunteer—it was passed in July of 1941, and the Execu- servation and we should seek and lead a crucial time—and 470,000 Filipinos tive order that was issued right after our people to do more and more con- volunteered. From that number, we de- December 7, in which we promised Fili- servation, because until we have alter- veloped the Commonwealth Army of pinos if they fought for us, shed their native fuels available, this may be the the Philippines—200,000. We set aside blood, risked their lives and limbs, if very best way in which we can lower 200,000 of them to serve as guerrilla they wished they could become citizens our fuel prices. fighters and about 50,000 to serve as of the United States and get all of the We need leadership. We look for lead- guards and patrols on the shore and veterans’ benefits. ership from the majority party, and we along the borders. Keep in mind Manila was the most hope part of that will include opening History now shows us the Japanese devastated city in World War II, so additional sources of exploration in attack, and as a result we had two there were no veterans hospitals. That America, where possible and where pru- tragic battles, Corregidor and Bataan. came later. dent, in compatibility with our envi- Before these battles were determined Well, this veterans bill has a provi- ronment; creating more options for and ended, General MacArthur, the sion in it—a provision of honor—in fewer fuel blends, and more refining ca- commander, was ordered to leave the which, finally, after over 65 years, we pacity; also, looking to cellulosic, but Philippines, and he left with his staff will restore our honor and tell the Fili- also conserving more energy. and arrived in Australia. The Filipinos pinos: It is late, but please forgive us. I yield the floor. were left to do their part without prop- There are few remaining of the hun- The ACTING PRESIDENT pro tem- er armament, proper medicine, and dreds of thousands of Filipinos who pore. The Senator from North Carolina with inadequate food. But they fought. volunteered and risked their lives. At is recognized. I think all of us remember the Ba- this moment, I think there are about Mr. BURR. Mr. President, I yield taan Death March when 75,000 were or- 18,000 left. As I speak, I am certain back any morning business time. dered to march 65 miles without food, some are on their deathbed and dying. f medicine, or water. Along that trip, This provision has some rather in- only 54,000 survived—the rest died. I sulting provisions, but the Filipinos CONCLUSION OF MORNING think all of us recall the heroic movies are willing to take it. Some of my col- BUSINESS that were filmed as a result of that leagues have suggested that the cost of The ACTING PRESIDENT pro tem- march. The Bataan Death March be- living in the Philippines is less than pore. Morning business is closed. came part of the vocabulary of the the cost of living here, so their pension f United States. should be one-third of an American We saw Americans being bayoneted, GI’s, who did the same thing, with the VETERANS’ BENEFITS hit, and killed. But the facts show that same injury—but one-third. That is all ENHANCEMENT ACT OF 2007 of the over 75,000 who had to undergo right. But to suggest only those who The ACTING PRESIDENT pro tem- and suffer the Bataan Death March, were in combat, I don’t know what that pore. Under the previous order, the 15,000 were Americans and 60,000 were means. Senate will resume consideration of S. Filipinos. They are the ones who got For example, in Iraq, whether you 1315, which the clerk will report. bayoneted. They are the ones who were are out on the street or on the boule- The bill clerk read as follows: slaughtered and killed. vard in a truck or in the so-called A bill (S. 1315) to amend Title 38, United Well, these Filipinos were willing to Green Zone, you are on the front line. States Code, to enhance life insurance bene- fight for the United States, to stand in Bombs can hit you anywhere. It is the fits for disabled veterans, and for other pur- harm’s way on our behalf. They fought same thing with a guerrilla fighter. poses. throughout the war as guerilla fight- Where is the front line for a guerrilla Pending: ers. They suffered thousands of casual- fighter? Is it the jungle? Is it the city? Burr amendment No. 4572, to increase ben- ties. Those who were fighting for Is it his home? efits for disabled United States veterans and America’s cause and fighting under the My colleagues, I hope we will take provide a fair benefit to World War II Fili- command of American officers, this opportunity today to restore the pino veterans for their service to the United strangely, could not receive American honor of the United States and undo States. medals. the broken promise and make it good. AMENDMENT NO. 4572 Now, if one should go to Baghdad, if There are a few Filipino World War II The PRESIDING OFFICER (Mr. he is wounded, he gets a Purple Heart. veterans left. At least we can face BROWN). Under the previous order, If he does something heroic, he gets a them and say: Yes, it took us a little there is 60 minutes of debate equally Bronze Star or Silver Star or DSC. while, but we are going to carry out divided on the Burr amendment. Who Once in a while, someone gets a Medal our promise. Let’s do that. yields time? of Honor. Well, in this case, these mat- I yield the floor. The junior Senator from Hawaii is ters were not recognized. The PRESIDING OFFICER. The jun- recognized. The war ended on September 2, 1945, ior Senator from Hawaii is recognized. Mr. AKAKA. Mr. President, I see that when the Japanese signed the sur- Mr. AKAKA. Mr. President, how my colleague is here, Senator INOUYE render on the deck of the USS Missouri. much time is left?

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3348 CONGRESSIONAL RECORD — SENATE April 24, 2008 The PRESIDING OFFICER. The Sen- By the end of the war, the capital I, like President Truman, believe it is ator from Hawaii has 20 minutes re- city of Manila was in ruins and up to the obligation of the United States to maining. one million Filipinos had been killed. care for those who have fought under Mr. AKAKA. Mr. President, I am very In October 1945, General Omar Brad- the U.S. flag. It is past time to right pleased that S. 1315, as reported by the ley, then Director of the Veterans’ Ad- that wrong. Veterans’ Affairs Committee, the pro- ministration, affirmed that all Fili- As my fellow World War II veteran, posed Veterans’ Benefits Enhancement pinos who served under U.S. command the senior Senator from Alaska, said Act of 2007, is finally before the Senate were entitled to all benefits under laws only yesterday, this is about honor. I for consideration and action. administered by that agency. believe it is the moral obligation of I want to express my huge gratitude However, in 1946, the U.S. Congress, this Nation to provide for those who to the majority leader, also the minor- through the Rescissions Act of 1946, served under the U.S. flag and along- ity leader, and especially to my friend, withdrew veteran status from certain side the U.S. troops during World War the ranking member, for coming to an Filipino veterans of World War II. II. agreement for our offering today. Upon passage of the Rescissions Act, The soldier’s creed is to leave no fel- This comprehensive legislation would President Harry Truman expressed his low warrior behind. I believe in that improve benefits and services for vet- disapproval of the withdrawal of bene- creed. I believe it is important to ac- erans both old and young. fits from Filipino veterans. He stated: knowledge the valiant service of those The Veterans’ Affairs Committee re- There can be no question, but that the Filipino veterans of World War II who ported S. 1315 to the full Senate in Au- Philippine veteran who is entitled to bene- served under U.S. command. gust of last year. At that time, my be- fits bearing a reasonable relation to those re- Mr. President, I reserve the remain- lief was that debate and consideration ceived by the American veteran, with whom der of my time and yield the floor. of this legislation by the full Senate, he fought side by side. The PRESIDING OFFICER. Who would take place during September. The action by Congress in 1946 to yields time? That did not happen. Now we have a strip Filipino veterans who served Mr. STEVENS. Mr. President, will good agreement. under the American flag during World the Senator yield me time, please? As I have described in detail this War II of the recognition and benefits Mr. BURR. Mr. President, I yield the week, further action on the bill has that were their due was a grave injus- Senator what time he may use. The PRESIDING OFFICER. The sen- been blocked because of opposition tice. It is especially regrettable that ior Senator from Alaska is recognized. from the other side of the aisle to cer- this injustice has existed for so many Mr. STEVENS. Mr. President, the tain benefits for Filipinos who fought years. Veterans Benefits Enhancement Act of I wish to speak briefly about the pur- under U.S. command during World War 2007 would recognize the service and pose of pension benefits and more spe- II. sacrifice of Filipino veterans who cifically about the pension benefit in Mr. President, the people of the Phil- fought under our flag in World War II. the pending bill. ippines did not shy from the call to I join my good friends and fellow World fight during World War II. They were Veterans’ pension benefits are pro- War II veterans, Senator INOUYE and true brothers in arms who fought val- vided to allow veterans to live in dig- Senator AKAKA, in supporting the res- nity and meet their basic needs. The iantly under U.S. command in World toration of veterans benefits to these amounts proposed in this legislation War II. This bill, at long last, recog- heroic individuals. nizes the valor of all Filipino veterans would permit Filipino veterans who Filipino troops fought as American in sacrifice to this noble cause and loy- have been denied their rightful status nationals, under the American flag, alty to their American commanders. as United States veterans for too long alongside American soldiers, and under On July 26, 1941, President Franklin to finally live in dignity. the command of American GEN Doug- D. Roosevelt issued an Executive order Unlike other World War II veterans, las MacArthur, earning themselves the ordering all military forces of the Com- these veterans have been denied pen- status of U.S. veterans. monwealth of the Philippines into the sion benefits for over 60 years. It is also Like most American troops, Filipino service of the Armed Forces of the important to note that these benefits soldiers were effectively drafted into United States under the command of a are not retroactive. the U.S. military. newly created command structure The amounts proposed are sufficient When war with Japan became immi- called the U.S. Armed Forces of the to give aged Filipino veterans a pay- nent, President Franklin Roosevelt or- Far East. ment that would allow them to meet dered the military forces of the Phil- According to orders from General their basic needs for adequate nutri- ippines into the service of the U.S. MacArthur, Philippine units once mus- tion and medicine. Armed Forces. The President held this tered into U.S. service would be paid The pension proposed for Filipino authority because the Philippine Is- and supplied from American sources. veterans is less than one-third of the lands were a U.S. possession and the The unique relationship between the basic amount provided to veterans liv- power was written into our law. Philippines and the United States ing in the United States, in recognition The position of these Filipino sol- made the Philippine islands particu- of the lower cost of living in the Phil- diers was similar to the thousands of larly susceptible to Japanese aggres- ippines. Measured against the aid and courageous Alaskans who volunteered sion during the war. attendance standard, the proposed ben- to serve in the Alaska Territorial Historians agree that the Japanese efit is about one-sixth of the amount Guard and protect Alaska before it be- strategy was based upon a plan to de- provided to veterans in the United came a state. stroy or neutralize the U.S. Pacific States. Nearly 60 years later, in 2000, Con- Fleet at Pearl Harbor, and to deprive Because the income and asset gress determined that the service of the United States of its base in the verification procedures used in the the Alaska Territorial Guard was ‘‘ac- Philippines. Were it not for the U.S. United States are not available in the tive duty’’ service, making them eligi- presence, the Philippines would not Philippines, and it is not feasible to de- ble for the same veterans benefits Fili- have presented the Japanese with a velop an administratively efficient sys- pino veterans now seek. strategic threat and turned into a bat- tem in the Philippines to monitor the Just 10 hours after the attack on the tlefield. income and assets of pension recipi- U.S. at Pearl Harbor, Japan invaded The Philippine forces under U.S. ents, the bill provides a flat benefit the Philippines. In the years of war command suffered heavy casualties as amount substantially lower than that that followed, Filipino soldiers fought a result of the Japanese invasion. It is paid in the United States. alongside American troops with un- estimated that 10,000 Filipinos died I believe firmly that the proposed common valor and loyalty to the during the Bataan Death March, along amount is a reasonable benefit taking United States. with 3,000 U.S. soldiers. The Phil- into account all of these factors. Stories of their heroism and sacrifice ippines, throughout the war, suffered As I have said time and time again, are abundant. Outnumbered by the great loss of life and tremendous phys- this legislation would correct an injus- Japanese and forced out of Manila, Fil- ical damage. tice that has existed for over 60 years. ipino soldiers and U.S. troops held

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3349 their ground for months before being The proposed benefit would cost only that we have half the coastline of the forced to surrender on the Bataan Pe- a fraction of what it would have if pen- United States. Those people who were ninsula and in Corregidor. sions were made available to alL Fili- in the Alaska Guard patrolled with Nearly 80,000 Filipino and U.S. sol- pino veterans who were entitled. The their dogsleds without any uniforms diers were taken prisoner and forced to Embassy of the Philippines claims being issued to them. It took us a pe- walk to a prison camp over 65 miles there were 470,000 Filipino veterans riod of time until we were able to rec- away in what became known as the in- after the war. ognize them, and we did so. We finally famous ‘‘Death March.’’ As many as Today only about 18,000 of these vet- awarded those people in the National one in three of these men, weakened by erans—most in their eighties—still sur- Guard their rights as veterans of the disease and malnutrition and tortured vive. United States military forces. by their captors, died before reaching Filipino World War II veterans resid- This is something we have to do, as their destination. ing in the Philippines have been denied far as I am concerned. The provision in After their American leader, GEN eligibility for pension benefits for more this bill restores the benefits these Fil- Douglas MacArthur, was ordered to than 60 years. A pension benefit about ipino veterans have earned. I do be- Australia, thousands of Filipino gue- one third the size of that available to lieve, as I pointed out the other night rilla soldiers continued resisting Japa- veterans in the United States is not on the floor, the Senate should know nese occupation for nearly 3 years. overly generous. that Senator INOUYE and I went to the When MacArthur and allied forces re- I hope Congress will recognize the Philippines this year and met with turned, Filipino soldiers fought fierce- service of all our Filipino World War II some of these people. I am 85 this year ly until Japan’s surrender. Veterans just as we have for the Alas- and my friend is 84, and we were the One million Filipino combatants and ka Territorial Guard. youngsters at the meeting. These Fili- noncombatants died in World War II. In It is time we show our Nation’s grati- pino veterans who are surviving are comparison, approximately 400,000 U.S. tude for the role Filipino World War II our age or older. Most of them are in- troops lost their lives in all theaters of veterans played in our history, fighting firm. There are 18,000 left out of the the war. alongside soldiers from the U.S. and 470,000 plus, almost half a million sur- As President Truman would later say helping us secure victory over tyranny. vivors. This bill restores their benefits. of the Filipino troops: ‘‘Their assign- Mr. President, I am grateful to the How long can they last? People who ment was as bloody and difficult as any Senator from Hawaii, Mr. AKAKA, for have talked about the cost of this ben- in which our American soldiers en- the comments he made. I do believe efit I think misunderstand the situa- gaged.’’ this is a matter of honor. I understand tion. This is not a cost of today’s econ- Congress should remember the vital how some of the younger Senators omy. This is not a cost for today’s tax- contributions of Filipino veterans to might view this as being costly, but I payers. This is a burden that should the success of the allied forces. Their wish to put it in perspective. have been borne before. resistance distracted the Japanese in As I pointed out, there were approxi- These people have not had these ben- the Islands, preventing them from de- mately 1 million Filipinos killed in ac- efits during all of these years, and they ploying elsewhere and possibly reach- tion in the defense of our country in have asked us now, as a matter of ing the U.S. mainland. World War II. Approximately a half a honor, to restore their rights before These soldiers bought precious time million survived. Actually, during the they leave this planet. for General MacArthur to mount a suc- war, as I have also pointed out, Presi- I, for one, appeal to the Senate. As I cessful counterstrike. dent Roosevelt said all Filipinos were said, there are now only five of us from After the war, the U.S. Veterans’ Ad- subject to service in our Armed Forces; World War II left in the Senate. When ministration determined these service in effect, he conscripted the Filipinos I came here, there were more than 70. members met the definition of ‘‘active to serve. There would be no question—I didn’t Service’’ in the U.S. Armed Forces and Those who survived were treated at know this actually happened, I have to were eligible for full VA benefits. first as our veterans on the mainland. tell you. We discovered a year ago, Under the Rescission Acts of 1946, Subsequently, it was determined that when Senator AKAKA raised it, that however, many Filipino veterans’ those who came to our country, to the this situation exists in the Philippines. World War II service no longer quali- mainland, would be treated fully as I do believe it is an action that must be fied as ‘active duty’ service. Congress veterans of all types in the country taken. These people not only now are stripped these soldiers of the benefits were treated. We have to remember, our allies, but they have warmly sup- they had earned. Filipino veterans and this was an all-male military, pri- ported our efforts throughout the their advocates have fought for the marily a draftee Army of over 16 mil- world. I do believe to recognize the Restoration of these benefits for more lion men. service and sacrifice of these Filipino than 60 years. First the VA determined all Filipino veterans who fought under our flag in This bill contains provisions that veterans were subject to the same laws World War II is absolutely essential. would restore U.S. veteran status to all as in the United States. If a person These benefits are going to the heroes Filipino World War II Veterans, in- came to the United States as a veteran of the Philippines who are now sur- crease service-connected disability from the Philippines, he was automati- viving. compensation, and provide a reduced cally given citizenship and entitled to Lastly, I again point out to the Sen- flat rate pension to many Filipino vet- full benefits of all the veterans laws, ate, those who lived through that time erans residing in the Philippines. including the GI bill, the right to have know if they had not made this sac- Nonservice-connected pension and money to build a home, and a lot of rifice, if they had not lost two-thirds of death pension benefits are available to other benefits were involved in those their men in World War II, we would all qualifying U.S. veterans regardless actions taken by Congress to try and not have had the time to rebuild Amer- of race, national origin, or citizenship deal with the returning veterans and ica. We would not have had the time to status. help them regain their lives. bring in the forces, to train the people Many Filipino World War II veterans Later, it was determined that those who finally carried the war throughout and their survivors have been excluded benefits would not be paid to many of the world to two tyrants, to Hitler and from receiving these benefits. This bill those who stayed in the Philippines. to the Japanese. proposes a reasonable and fair way to We have been trying for many years to We have not had a world war since assist to these veterans. restore those payments. I commend the that time, and I do hope the world will The expense of this reduced benefit is Senators from Hawaii for trying to do never see another world war. But these justified by the contribution of Fili- so. people were the keys to the Pacific. pino veterans to this country. If not for Actually, we had a parallel situation Without them, we would have certainly their service, the fate of the United in the Alaska Guard. The Alaska Guard been at war another couple of years at States could have been very different. was primarily made up of Eskimos and least and certainly would have seen an For this, they should be treated as Alaska Native people who patrolled the exchange of atomic weapons by that American veterans. borders of Alaska. I remind the Senate time. They gave us the time to survive,

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3350 CONGRESSIONAL RECORD — SENATE April 24, 2008 and I think we ought to give them issue. I, too, express my appreciation, AKAKA’s bill, and it is the creation of a their rights before they leave this plan- and I have to say our two Senators new special pension of $300 a month to et. from Hawaii are beloved by all Mem- Filipino veterans who live in the Phil- I thank the Chair. bers of this Senate and people whom we ippines who have no service-connected The PRESIDING OFFICER. Who respect enormously, as well as the Sen- disability and who did not serve in the yields time? ator from Alaska. United States services. The Senator from North Carolina. My father was a veteran of World Now, the reason I want to draw that Mr. BURR. Mr. President, I yield my- War II, and the service each of these distinction—and I will ask for the next self as much time as I may consume. veterans has provided for our country chart—is there are four groups of Fili- Chairman AKAKA is a good man and a and for our freedom and security is pino veterans. It is important to under- fair man. He is a wonderful chairman. something we can never thank them stand that the group we refer to as Old He has produced a bill which has a tre- for enough. Scouts enlisted in the U.S. Army. Be- mendous amount of good. I am in deep I agree with Senator BURR that this cause they enlisted in the U.S. Army, respect of Senator INOUYE and Senator bill is largely a very good bill, and I am they are extended every benefit a U.S. STEVENS. This country owes both, as proud to have contributed some provi- veteran has. We had three other well as all World War II veterans, a tre- sions that helped enhance veterans’ groups, though, the Commonwealth mendous thanks for their commitment. benefits, primarily by cutting redtape Army of the Philippines, Recognized As Senator STEVENS mentioned ages, that would allow disabled Active-Duty Guerilla Forces, and New Philippine it made me think, on Monday my dad Military personnel to get housing bene- Scouts. Of those three categories, none turned 87. He fought in the Pacific. He fits before they officially retire from were enlisted in the U.S. service. did it because it was the right thing to Active Duty; making family members Senator INOUYE was correct, they do. I believe protection of our veterans eligible for housing grants if they are were under U.S. command. There were is the right thing to do. caring for a wounded warrior—and I es- a lot of people in the Second World War Let me, if I may, focus everybody on pecially want to recognize the good who were under the U.S. command. But what S. 1315 is. I ask a chart be put up. work of Rosie Babin, the mother of the official account lists this as the One might hear this debate and think Alan Babin, of Round Rock, TX, who Commonwealth Army of the Phil- this is all about a special pension for brought this to my attention, and so ippines. Now, the question that is at Philippine veterans who live in the now we have this provision—and ensur- the heart of the matter here is: Were Philippines who have no service-con- ing that burn victims are eligible for Filipino veterans promised VA bene- nected disability. There is a difference. housing grants—and this is an area fits? According to the information pro- This bill is so much more. where I want to recognize the work of vided in a 1998 congressional hearing, It is $332 million in Philippine bene- Christy Patten, the wife of Everett the Department of the Army examined fits, of which $221 million is devoted to Patten, from Kentucky, who was hos- its holdings on General McArthur and a new special pension that does not pitalized at the Brooke Army Medical President Roosevelt and found no ref- exist. There is a term life insurance Center with burns he received from an erence by either of these wartime lead- program for our veterans of $83 million IED, and I thank them for the help ers to post-war benefits for Filipino over 5 years and $326 million over 10 they provided me in working with the veterans. years; state approving agencies, $60 Veterans’ Affairs Committee to make Let me draw a distinction. For any million; mortgage life insurance for sure they were provided for here. Philippine veteran who has a service- our veterans, $51 million, retroactive I appreciate the good work our Fili- connected disability, they are com- traumatic injury, on-the-job training pino allies contributed to our effort in pensated today, whether they live in benefits, supplemental insurance, hous- the Far East, but I have to say that the the United States or whether they live ing grants for burned injured, auto problem I have with this bill, and the in the Philippines. For the soldier in grants for burned injured, COLA for reason why I agree with Senator BURR, the Commonwealth Army of the Phil- surviving spouses, and much more. is that the U.S. Treasury is not bot- ippines, those whom Senator STEVENS I wanted to highlight those items tomless, and the funding that is being referred to from the Bataan Death that are mandatory spending in the provided to create this new pension for March or side by side in the foxhole, bill. these Filipino allies, which were of and who had a service-connected dis- This is a good bill. Regardless of the course fighting not only with us but for ability, they receive compensation outcome of my amendment, I want my themselves and for the freedom of their from the U.S. Government today, and colleagues to support final passage of country, is that it would literally be at have continually. The reference that this bill. the expense of U.S. veterans. they only got part of what the U.S. vet Having said that, I highlight the fact The $221 million that is addressed by gets is, in fact, accurate. Because of that we do have a difference as it re- Senator BURR’s amendment would ac- the difference in the two economies, it lates to the pensions. Before I get into tually go back in to supplement bene- was structured to recognize their econ- the specifics of why I believe, not as fits for United States veterans. And omy and not to provide more than an some have portrayed it that I believe it while we appreciate and honor and do equal share to U.S. veterans. is too costly, I believe that, one, there nothing but show our respect to all of In this bill, we make a change, and was not a promise made. We did not our allies who fought alongside of us in that is why, when I alluded to the fact imply it. It was not an impression that World War II, certainly that doesn’t there is $320 some million designated people had; that, in fact, when we look mean we are going to grant pension for Filipinos but only $221 million des- back at those individuals who served in benefits to all of our allies, starting ignated to the special new pension, the this Chamber who made the decision on with the Filipino veterans, or the Brit- other $100 million Senator AKAKA has the Rescissions Act, they looked at the ish, or the Australians, and all the recognized that 50 cents on the dollar history very well. They looked at what other allies that fought with us in de- is very difficult to substantiate. What Franklin Roosevelt said and the docu- feating Hitler and the threat in Japan. he does is he raises it dollar for dollar ments that backed it up. They looked Frankly, I can’t see our priorities are with U.S. veterans. at what General MacArthur said and correct if we do this at the expense of Let me put that in perspective. For a the documents that backed it up. And American veterans. That is why I sup- 100-percent disabled veteran in the they felt this was not the way for us to port the amendment by Senator BURR, Philippines today, it means today they go. and I hope our colleagues will vote for get $1,200 a month. After this bill Mr. President, I wish to yield a short it, because certainly our American vet- passes, they will get $2,400 a month, in period of time to my colleague, Sen- erans should be our priority. an economy where the average annual ator CORNYN. I yield the floor. income is $2,800 a month. We will take The PRESIDING OFFICER. The Sen- Mr. BURR. Mr. President, I thank every servicemember, regardless of ator from Texas is recognized. the Senator from Texas. which of those three branches of the Mr. CORNYN. Mr. President, I appre- Let me highlight one area from these commonwealth army they served in, ciate Senator BURR’s leadership on this 11 points of the substance of Senator and they will be in the elite class from

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3351 a standpoint of income. I support that. Mr. Allen, Member: ippines for the care of Filipino vet- I support Senator AKAKA’s change in May I say there, Father, I know you are erans. In addition, the U.S. Govern- the law. sincere about it, but I think you are in error. ment provides annual grants to support But the root issue raised is: They Because there are three or four of us here on the operation of the hospital, which were promised something more. Was it the committee who were present when the GI was later donated to the Philippine Congress’s intent to grant full VA ben- bill was written, and I don’t think that ever Government. The grants continue to efits to Filipino veterans? First, it is entered into it. exist today. important to note that it was a 1942 VA So the individuals who wrote the GI Survivors of the Filipino veterans legal opinion which concluded that Fil- bill in a committee hearing are who died as a result of service are eligi- ipino veterans had served ‘‘in the ac- verifying that was not even discussed, ble for educational assistance benefits. tive military or naval service of the much less their intent. Filipino veterans legally residing in United States’’ and on that basis were There are a number of documents the United States are eligible for full- eligible for VA benefits. Senator Carl that have existed as committees have rate disability compensation, full-rate Hayden, who in 1946 was the chairman held hearings over a period of time cash burial benefits, full access to the of the Subcommittee on Appropria- from the Department of the Army, VA health care clinics, medical cen- tions, had this to say about VA’s legal from the Roosevelt library. There have ters, and burial in our national ceme- determination regarding Philippine been searches everywhere to try to find teries. Army veterans during the committee any documentation that would lead I am not sure anybody can leave this proceedings in March of that year: one to believe that there was a prom- debate and say we have not done our There is nothing to indicate that there was ise, that there was an insinuation, and share. So we are back to one issue: the any discussion of the meaning of that term, the fact is, whether it is Roosevelt doc- special pension. We are back to the cre- probably because it is generally well recog- uments, whether it is Army docu- ation of a special pension for some nized and has been used in many statutes ments, whether it is General Mac- number of Filipinos who served or were having to do with members or former mem- Arthur’s personal documents, no one affiliated with the Commonwealth bers of the American armed forces. It would can find anything, other than ‘‘we be- Army of the Philippines that would normally be construed to include persons lieve this existed.’’ place them in a pension category of regularly enlisted or inducted in the regular $300 a month. manner in the military and naval service of What factors influenced Congress’s decision to limit certain VA benefits to I will ask for the last chart to go up. the United States. I made this case 2 days ago extremely He goes on to say: Philippine veterans in what is known as the Rescissions Act of 1946, where it hard, and I want my colleagues to lis- But no one could be found who would as- was made perfectly clear in legislation ten. The proposal to raise $300 is on top sert that it was ever the clear intention of of what is currently paid by the Fili- Congress that such benefits as are granted— that this was going to happen? Well, you have heard it from the authors of pino Government to every veteran. under the GI Bill of Rights—should be ex- That is $120 a month. That $120 a tended to the soldiers of the Philippine the GI bill. ‘‘We never intended this to Army. There is nothing in the text of any of be extended.’’ The Congressional Re- month in the Philippines puts every the laws enacted by Congress for the benefit search Service testimony in April of veteran 400 percent above the poverty of veterans to indicate such intent. 2007 provided the following conclusion line in the Philippines. Let me put it in He goes further to say: based on its review of the congressional perspective to the United States. For our veterans who receive a special pen- It is certainly unthinkable that Congress history. would extend the normal meaning of the sion because of income, that pension It seems clear that Congress considered the equates to 10 percent above the poverty term to cover the large number of Filipinos Rescissions Act in the context of providing to whom it has been suggested that the Serv- for the comprehensive economic develop- line. Today, the $120 a month equates icemen’s Readjustment Act of 1940 applies, ment of the soon to be sovereign Republic of to 400 percent above the poverty line. at a cost running into billions of dollars, the Philippines. What we are being asked to do in aside from other considerations, without President Truman, in signing the Re- 1315, and what I am cutting from 1315 some reference to it either in the debates in and allocating to our veterans, is $300 a scissions Act, reminded everyone in the Congress or in the committee reports. month, which would raise the Filipino United States that we shared responsi- Maybe this is the debate in Congress. veterans to 1400 percent over poverty. This issue was raised in 1997, and in bility with the Philippine Government Mr. President, that is 27 percent over June of that year, when the Clinton ad- for the welfare of Philippine veterans, the median annual income of a Fili- ministration was asked to testify on but recognized that certain practical pino. this, Stephen Lemons, Acting Under difficulties exist in applying the GI bill I might once again say, for U.S. vet- Secretary for Benefits, was quoted in of rights to the Philippines. erans under special pensions, they are the hearing as saying this: Again, the second President in the 10 percent above poverty; they are at 21 line suggesting that this was not the History shows that the limitations on eli- percent of median income—under, not gibility for U.S. benefits based on service in intent. over. This one change, this one cre- these Philippine forces were based on a care- As I said earlier, we extend disability ation of a new program, puts the whole fully considered determination of the gov- compensation to any Filipino veteran, group at 1400 percent over the poverty ernment’s responsibilities toward them. regardless of Commonwealth Army or line and 27 percent over the median in- They testified against extending that of the U.S. Army, who was injured in come. This is on top of the $1,200, if benefit. service or disabled because of service. they are fully disabled, that they are In 1948, there was a House hearing, Now, what have we done? What specifi- currently getting each month. What and in that House hearing there was an cally has the United States done since Senator AKAKA will do in his bill, and exchange between witnesses and Mem- we left the Philippines? I support, raises that to $2,400 if they bers of the House. There was a Father After the war, the U.S. provided $620 are 100 percent disabled. Haggarty who came to testify, and I million—in today’s dollars that is $6.7 I say to my colleagues, we are not read from the official accounts of that billion—for repair of public property here to create another class in the hearing. This is Father Haggarty: and war damage claims and assistance Philippines. I hold Senator INOUYE’s It was constantly promised, as the ambas- to the Philippine Government. VA and Senator STEVENS’ belief that we sador mentioned, in radio broadcasts, official compensation for service-related dis- owe these individuals so much—but so American broadcasts to the Philippines in abilities, as I said, and survivor com- do we to our veterans, to my dad who the war. It was definitely promised by Gen- pensation was also provided, and again just turned 87 who fought in the Pa- eral McArthur, General Wainwright, and also paid at a rate that reflected differences cific. Senator CRAIG, in the committee it has been acknowledged, I believe, that the in the cost of living. markup, attempted to reach a com- Philippine groups recognized the guerrillas, We are changing that. We are raising acting as members of the United States promise. He offered $100 versus $300. It Armed Forces, were entitled at one time to it to 100 percent. The United States was rejected. The chairman knows I do complete GI bill of rights. That is, they were provided $22.5 million—$196 million in not have any ill will over that; a deci- included. I believe that is correct, and were today’s dollars—for the construction sion was made, and it was rejected on later left out. and equipping of a hospital in the Phil- a party-line vote.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3352 CONGRESSIONAL RECORD — SENATE April 24, 2008 I hope—and I say this to the chair- Throughout the war, Filipino soldiers we are debating contains a number of man today—I hope this is the last time fought under the American flag, serv- important measures to provide for our while I am here when the Veterans’ Af- ing with valor, strength, and dignity. veterans. It would expand eligibility fairs Committee brings a bill to the President Roosevelt guaranteed those for traumatic injury insurance, provide floor that does not have the bipartisan brave soldiers that the United States job training, help disabled veterans consensus that history has proven, and would come to their aid in times of make their homes more accessible. And I think he and I can accomplish that. peace, just as they had come to our aid that is all worthy. But there is also an- We inherited something on which we during times of war. other issue. were incapable of coming to some com- He guaranteed them equal veterans’ In 1941, President Roosevelt called on promise, so we have a tough decision to benefits—a fair promise, considering the people of the Philippines to fight make. That decision today is about, their service and considering the law of for their freedom and ours, and thou- frankly, our veterans or their veterans. the land, as they were full members of sands of brave Filipinos answered the Are we going to enhance the benefits the U.S. military. call. They carried out operations to lib- for housing grants and for car grants or But in 1946 in one of the most mis- erate their homeland, and joined us in are we going to create a new special guided legislative actions at the time, support of our efforts in the Pacific pension for Filipino veterans who live Congress took away the benefits that Theater. They fought and died at Cor- in the Philippines who have no service- the President of the United States had regidor. They were with us on the connected disability? It is an issue of, promised them, benefits they had beaches at Bataan, and in the death Is it equitable? rightfully earned. marches. They were there when Gen- What my amendment does is simple. Of the approximately 250,000 Filipino eral MacArthur promised he would re- It eliminates this new special pension veterans who fought for us in America, turn, they fought using guerilla tactics and takes the $221 million and in- only 18,000 are still alive today. Many to tie down the Japanese, and they creases the grants that we have in of them are searching for ways to pay fought under General MacArthur when adaptive housing for our burned vet- for health care and struggling in ways he came back and said, ‘‘I have re- erans and for car grants. they never should. These veterans have turned.’’ We respect and we are grateful for more yesterdays than tomorrows. They Throughout the war, Filipino soldiers the brave Filipino fighters, but this is are well into their eighties, and in fought under the American flag, serv- about today, not yesterday. It is about terms of our budget, what this bill ing with valor, strength, and dignity. the needs of our veterans, the equity of would cost over the next 10 years we President Roosevelt guaranteed those our generosity. It is not about broken are spending in Iraq every 18 hours. brave soldiers that the United States promises, it is about recognizing prior- Those who say it will cost too much would come to their aid in times of ities. It is not about young Members are the same voices who said it would peace just as they had come to our aid looking and saying that is too much cost too much to do what Democrats during times of war. He guaranteed money. No, it is about young Members did under the leadership of Senator them equal veterans’ benefits—a fair looking and saying: You know what, AKAKA when, for the first time, we promise, considering their service, and when you can’t fund everything you fully funded the veterans independent considering the law of the land, as they have to prioritize. budget. were full members of the U.S. military. I urge my colleagues, I implore my When we bring this bill to a vote, we But in 1946, in one of the most mis- colleagues, support my amendment and will be answering a very simple but guided legislative actions of the time, make sure we put our priorities in the powerful question: Does our Nation Congress took away the benefits that right place. Then vote for passage. Sup- keep its promises? We need to right an the President of the United States had port the chairman in his efforts for injustice of the past and show our al- promised them—benefits they had passage and know that each one of us lies, for future purposes as well, when rightfully earned. Of the approximately will have upheld our responsibilities to we tell people to join us in our fight 250,000 Filipino veterans who fought for our warriors, those individuals who against terrorism, to join us in our us in America, only about 18,000 are protect us every day we are here. fight against other challenges in the still alive today. Many of them are I yield the floor. world, that America honors its obliga- searching for ways to pay for health The PRESIDING OFFICER (Mr. tions to those who fight for the values care, and are struggling in ways they TESTER). The time of the Senator has and principles we collectively share. never should. expired. The Senator from Hawaii. This is a critical time to send a mes- These veterans have more yesterdays Mr. AKAKA. Mr. President, I yield 5 sage to friends of freedom across the than tomorrows. They are all well into minutes to the Senator from New Jer- world that we remember our allies, and their eighties. In terms of our budget, sey, Mr. MENENDEZ. we pay our debts. what this bill would cost over the Mr. MENENDEZ. Mr. President, the Our distinguished colleagues in this course of 10 years, we are spending in Veterans’ Benefit Enhancement Act we Senate who have served during World Iraq every 18 hours. are debating contains a number of im- War II have said this is not simply a So those who say it costs too much portant benefits to provide for our vet- question of budget, this is a question of are the same voices who said that it erans. It would expand eligibility for honor. These individuals of honor put would cost too much to do what Demo- traumatic injury insurance, provide job their lives on the line for our Nation, crats did under the leadership of Sen- training, and help disabled veterans and now the honor of our Nation is on ator AKAKA, when for the first time we make their homes more accessible. the line. fully funded the veterans independent That is all worthy. Let’s just show a fraction of the budget. When we bring this bill to a There is also another issue. In 1941, bravery they did and vote to restore to vote, we will be answering a very sim- President Roosevelt called on the peo- them what they were promised, what ple but powerful question: Does our Na- ple of the Philippines to fight for their was the law, and what they rightfully tion keep its promises? freedom and ours, and thousands of earned. We need to right an injustice of the brave Filipinos answered the call. They Now, like lawyers, there are some past and show our allies for future pur- carried out operations to liberate their who are picking on points here or there poses as well; when we tell people join homeland and joined us in support of to build a case against these benefits. us in our fight against terrorism, join our efforts in the Pacific theater. They In my mind it is a case made of sand. us in our fight against other challenges fought and died at Corregidor, they Let’s vote to bring an honorable ending in the world that America honors its were with us on the beaches of Bataan, to this story and in however small a obligation to those who fight for the and in the death marches. They were way let us pledge now to give them dig- values and our principles that we col- there when General MacArthur prom- nity in the twilight of their lives. lectively share. This is a critical time ised he would return, they fought using I urge my colleagues to support Sen- to send a message to friends of freedom guerrilla tactics to tie down the Japa- ator AKAKA’s bill as it is to be able to across the world: we remember our al- nese, and they fought under General keep our word in the world. lies and we pay our debts. MacArthur when he came back and Mr. President, to reiterate, the Vet- Our distinguished colleagues in the said, ‘‘I have returned.’’ erans’ Benefits Enhancement Act that Senate who have served during World

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3353 War II have said, this is not simply a the United States during World War II. United States was very much a part of question of budget. This is a question This provision is based on S.57, the Fil- the Philippines. In 1941, under the dec- of honor. These individuals of honor ipino Veterans Equity Act of 2007 origi- laration and Executive Order of Presi- put their lives on the line for our Na- nally introduced by Senator INOUYE dent Roosevelt, they served in the U.S. tion, and now the honor of our Nation and which I am proud to cosponsor. I Armed Forces of the Far East. All of is on the line. Let us show them just a have supported rectifying this injustice the military forces of the Common- fraction of the bravery they did, and since I entered the Senate in 2001. wealth of the Philippines remained vote to restore them what they were Senator BURR’s amendment would under the command of the U.S. Armed promised, what was the law and what strip the provision benefitting Filipino Forces of the Far East throughout they rightfully earned. veterans from S. 1315. I strongly oppose World War II and until the Philippines Now, like lawyers there are some this amendment. was granted independence on July 4, who are picking on points here and In 1942, President Roosevelt issued an 1946. there to build a case against these ben- order conscripting Filipino soldiers Our Nation has a long history of car- efits, in my mind is a case made of into the U.S. Armed Forces. More than ing for aging veterans, particularly sand. Let us vote to bring an honorable 250,000 Filipino soldiers joined the U.S. those who served the country during a ending to this story and in however Armed Forces in the months before and time of war. Philippine veterans of the small a way, let us pledge now to give days following the attack on Pearl Second World War are now in their twi- them dignity in the twilight of their Harbor. These men served on the bat- light years, and many are struggling to life. I really urge my colleagues to sup- tlefield and fought courageously along- make ends meet, especially with global port Senator AKAKA’s bill as it is, and side American soldiers throughout food prices on the rise. Now, perhaps be able to keep our word in the world. World War II, took part in the guerilla more than ever, the modest pension If I have any remaining time, I yield resistance, and suffered in prisoner-of- benefits that are in S. 1315 are of the it back to Senator AKAKA. war camps including the infamous Ba- greatest value to veterans who earned The PRESIDING OFFICER. The Sen- taan Death March in which untold them on the battlefield so many years ator from Hawaii. numbers of Americans and Filipinos ago. Mr. AKAKA. Mr. President, I would soldiers suffered and died under brutal I urge my colleagues to stand with like to yield 5 minutes to the Senator conditions. me, with my World War II colleagues, from Florida, Mr. NELSON. The United States promised these Senators Inouye and Stevens, and a The PRESIDING OFFICER. The Sen- Filipino veterans the same health and majority of the Veterans’ Affairs Com- ator from Florida is recognized. pension benefits as those of American mittee and not accept the amendment Mr. NELSON of Florida. Mr. Presi- servicemembers, but after World War II of the Senator from North Carolina. dent, the underlying bill that the Sen- ended, Congress passed the Rescission AMENDMENT NO. 4576 ators from Hawaii and North Carolina Act of 1946, rescinding benefits that the Mr. AKAKA. Mr. President, under the have put together is a step in the right Filipino soldiers were entitled to re- agreement entered yesterday, I now direction: increasing life insurance ceive as U.S. veterans. Since then, call up the managers’ technicals pack- benefits, increasing disability bene- these veterans have been fighting for age and ask unanimous consent that fits—particularly for traumatic brain these benefits which were unjustly re- the amendment be considered and injury—and doing that retroactively. voked by the 1946 Rescission Act. agreed to and the motion to reconsider There is another portion in here that I reiterate the statements I made re- laid upon the table. makes a lot of sense. If under current cently in honor of the 66th anniversary The PRESIDING OFFICER. Without law a veteran who is deployed to a war of the Bataan Death March that this is objection, it is so ordered. zone can get out of his apartment rent- a matter of restoring the honor and The amendment (No. 4576) was agreed al contract, why should not he be able dignity of these courageous veterans. I to, as follows: to get out of his cell phone lease con- will continue to support and fight for On page 12, beginning on line 8, strike tract? That provision is in here. That the Filipino veterans equity bill. ‘‘June 1, 2008’’ and insert ‘‘April 1, 2009’’. is in the underlying bill. The PRESIDING OFFICER. The Sen- On page 13, line 17, strike ‘‘January 1, 2008’’ Let me tell you what is not in here— ator from Hawaii. and insert ‘‘January 1, 2009’’. I am going to have to take this up on Mr. AKAKA. Mr. President, how On page 14, line 9, strike ‘‘January 1, 2008’’ the Defense authorization bill—taking much time do we in the majority have? and insert ‘‘January 1, 2009’’ care of the widows and the orphans in The PRESIDING OFFICER. Five On page 29, line 7, strike ‘‘October 1, 2007’’ the offset between survivor benefits minutes. The time of the Senator from and insert ‘‘October 1, 2008’’. On page 29, line 12, strike ‘‘December 31, plans and dependents’ indemnity com- North Carolina has expired. 2008’’ and insert ‘‘December 31, 2009’’. pensation—SVPDIC. The veterans’ sur- Mr. AKAKA. Mr. President, I thank On page 30, line 19, strike ‘‘December 31, vivors, the widows and orphans, are en- the Senator from Florida for his re- 2008’’ and insert ‘‘December 31, 2009’’. titled under both by law—but by law marks. On page 35, line 22, add after the period the they offset each other. Thus widows Mr. President, on July 26, 1941, Presi- following: ‘‘The amendment made by the pre- and orphans are suffering. We will ad- dent Roosevelt issued an Executive ceding sentence shall take effect on October dress that in the Defense authorization Order ordering all military forces of 1, 2008, and shall expire on January 1, 2010.’’. bill. the Commonwealth of the Philippines On page 38, beginning on line 21, strike ‘‘the date of the enactment of this Act’’ and I want to expand on what the two into service of the Armed Forces of the insert ‘‘April 1, 2009’’. Senators from Hawaii have said. There United States. This happened after a On page 41, line 16, strike ‘‘May 1, 2008’’ is one thing that America should never bit of history. and insert ‘‘April 1, 2009’’. do, and that is break her word. When In 1898 the Philippines became a col- On page 41, line 18, strike ‘‘May 1, 2008’’ we have allies who are side by side with ony of the United States. It was on and insert ‘‘April 1, 2009’’. us in war, and they are depending on March 24, 1934, that the Tydings- On page 41, line 24, strike ‘‘the date of the our word that we are going to take McDuffie Act passed Congress. That enactment of this Act’’ and insert ‘‘April 1, 2009’’. care of them, it is the obligation of provided for independence for the Phil- On page 42, line 1, strike ‘‘the date of the America to do that. ippines. It was mandated in that bill enactment of this Act’’ and insert ‘‘that I yield the floor. that there would be a 10-year period— date’’. Mrs. CLINTON. Mr. President, I rise that is to 1944—when the Philippines On page 59, line 17, strike ‘‘October 1, 2007’’ today in support of providing benefits would formalize and shape and develop and insert ‘‘October 1, 2008’’. to Filipino veterans who served our Na- its entity. But what was mandated was On page 62, line 22, strike ‘‘October 1, 2007’’ tion during World War II. S. 1315, the that the United States would provide and insert ‘‘October 1, 2008’’. Veterans’ Benefits Enhancement Act of the control and supervision of the na- On page 67, line 23, strike ‘‘October 1, 2007’’ and insert ‘‘October 1, 2008’’. 2007 introduced by Senator AKAKA, spe- tional defense of the Philippines, and On page 71, beginning on line 9, strike ‘‘Oc- cifically includes a provision that also of its foreign affairs. tober 1, 2007, and ending on September 30, would restore health and pension bene- This was in that bill in 1934. The 10- 2011’’ and insert ‘‘October 1, 2008, and ending fits to Filipino veterans who fought for year period ended in 1944. So the on September 30, 2012’’.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3354 CONGRESSIONAL RECORD — SENATE April 24, 2008 On page 71, line 23, strike ‘‘March 31, 2011’’ Mrs. BOXER. Mr. President, I would allowing this legislation to come up for and insert ‘‘March 31, 2012’’. like to offer my support for S. 1315, the a vote. I am certainly thankful that On page 72, line 3, strike ‘‘September 30, Veterans’ Benefits Enhancement Act of they have no problem with extending 2011’’ and insert ‘‘September 30, 2012’’. On page 72, line 14, strike ‘‘fiscal years 2008 2007. This is a tremendously important full benefits to Filipino veterans living through 2011’’ and inserting ‘‘fiscal years 2009 piece of legislation, and I commend here. But sadly they feel that $300 a through 2012’’. Senator AKAKA and the Veterans’ Af- month for a single person and $375 for On page 73, line 4, strike ‘‘fiscal year 2011’’ fairs Committee for their work. a married person is too high a pension and insert ‘‘fiscal year 2012’’. This bill says to the men and women for someone who lives in the Phil- On page 75, beginning on line 22, strike who have served and suffered horrible ippines but fought for the United ‘‘December 31, 2010’’ and insert ‘‘December injuries and paid the price of war, ‘‘We States 60 years ago and hasn’t received 31, 2011’’. have not forgotten you. You and your a penny since. Instead they are insist- Mr. AKAKA. Mr. President, I yield families deserve the respect and care of ing on no pension at all for these vet- back the remaining time and I ask for a grateful Nation, and we will do all erans. the vote. that we can to see to it that you live However, I am glad that we have now Mr. BURR. Mr. President, I ask for lives of dignity.’’ Among other things, moved to the bill, and we can debate the yeas and nays. this legislation enhances life insurance the merits of this vital legislation that The PRESIDING OFFICER. Is there a benefits to disabled servicemembers, will address the needs of those who sufficient second? improves benefits for veterans who have paid the price of war. There appears to be a sufficient sec- need to renovate their homes to accom- Senator INOUYE, who has so faithfully ond. modate their injuries, and increases lead this effort for the past 16 years The question is on agreeing to education benefits so our veterans will and knows what it means to have amendment No. 4572. have an easier time going back to The clerk will call the roll. fought under our flag in World War II, school and getting good jobs when they Mr. DURBIN. I announce that the recently stated, ‘‘What happened 61 finish military service. years ago was not right; it was shame- Senator from Illinois (Mr. OBAMA) is But just as important as taking care necessarily absent. ful and disgraceful. . . . The legislation of our newest generation of veterans, Mr. KYL. The following Senators are is about fairness and dignity—core this bill also takes care of some of the necessarily absent: the Senator from American values. It is also about cor- oldest veterans who were a part of the South Carolina (Mr. DEMINT) and the recting an injustice that has stood for ‘‘greatest generation.’’ Senator from Arizona (Mr. MCCAIN). way too long.’’ In 1941, President Roosevelt issued an Further, if present and voting, the I could not agree more, and I urge my order that directed the Commonwealth Senator from South Carolina (Mr. colleagues to support this bill and Army of the Philippines to fight along- DEMINT) would have voted ‘‘yea.’’ bring these well-deserved and urgently The PRESIDING OFFICER. Are there side our Armed Forces, as he was au- needed benefits to those veterans—both any other Senators in the Chamber de- thorized to do under the Philippine young and old—who have fought on our siring to vote? Independence Act of 1934. Some 250,000 behalf. The result was announced—yeas 41, Filipinos would swear allegiance to the The PRESIDING OFFICER. Under nays 56, as follows: United States of America in the the previous order, the amendment in months before and the days after Pearl [Rollcall Vote No. 111 Leg.] the nature of a substitute, as amended, Harbor. YEAS—41 is agreed to. Under our flag, they went on to fight The clerk will read the bill for the Alexander Corker Isakson and die on the same battlefields as U.S. Allard Cornyn Kyl third and final time. Barrasso Craig Martinez troops. They gathered intelligence, or- The bill was ordered to be engrossed Bayh Crapo McConnell ganized a guerilla resistance against for a third reading and was read the Bennett Dole Roberts the Japanese invasion of their island third time. Bond Domenici Sessions Brownback Ensign home, and assisted in rescue operations The PRESIDING OFFICER. The bill Shelby of American prisoners of war. Bunning Enzi Smith having been read the third time, the Burr Graham Snowe When the fighting stopped, the mem- question is, Shall it pass? Chambliss Grassley Sununu bers of the Filipino Army were to have Coburn Gregg Mr. AKAKA. Mr. President, I ask for Thune Cochran Hatch been eligible for full veterans’ benefits, the yeas and nays on final passage and Coleman Hutchison Vitter just like American veterans. In Octo- Wicker urge my colleagues to support the Collins Inhofe ber of 1945 GEN Omar Bradley, who at pending measure. NAYS—56 the time was the head of the Veterans’ The PRESIDING OFFICER. Is there a Akaka Harkin Nelson (FL) Administration, affirmed that the Fili- sufficient second? Baucus Inouye Nelson (NE) pino soldiers would be treated no dif- There appears to be. Biden Johnson Pryor ferently and were to receive all the The clerk will call the roll. Bingaman Kennedy Reed Boxer Kerry benefits that they rightly deserved. The assistant legislative clerk called Reid Unfortunately, the Rescission Act of Brown Klobuchar Rockefeller the roll. Byrd Kohl Salazar 1946 changed all that. It stated that the Mr. DURBIN. I announce that the Cantwell Landrieu Sanders Filipinos who fought alongside Ameri- Cardin Lautenberg Senator from Illinois (Mr. OBAMA) is Schumer Carper Leahy cans had not performed ‘‘active serv- necessarily absent. Specter Casey Levin ice’’ and that they had no standing or Stabenow Mr. KYL. The following Senators are Clinton Lieberman Stevens claim to any ‘‘rights, privileges, or necessarily absent: the Senator from Conrad Lincoln benefits.’’ Dodd Tester South Carolina (Mr. DEMINT) and the Lugar Mr. President, there are now only Dorgan McCaskill Voinovich Senator from Arizona (Mr. MCCAIN). Durbin Menendez Warner about 18,000 of these heroic Filipinos The PRESIDING OFFICER. Are there Feingold Mikulski Webb left. About 13,000 of them are still in any other Senators in the Chamber de- Feinstein Murkowski Whitehouse the Philippines, where they have wait- Hagel Murray Wyden siring to vote? ed over 60 years for the United States NOT VOTING—3 The result was announced—yeas 96, Government to provide the benefits nays 1, as follows: DeMint McCain Obama they were promised and are owed for [Rollcall Vote No. 112 Leg.] The amendment (No. 4572) was reserving our Nation and defending the jected. cause of freedom. That is what this leg- YEAS—96 Mrs. FEINSTEIN. I move to recon- islation does. It also extends the bene- Akaka Biden Burr Alexander Bingaman Byrd sider the vote. fits available to all U.S. servicemem- Allard Bond Cantwell Mr. LEAHY. I move to lay that mo- bers to the 5,000 Filipino veterans liv- Barrasso Boxer Cardin tion on the table. ing here in the United States. Baucus Brown Carper The motion to lay on the table was Unfortunately, for the past 9 months, Bayh Brownback Casey Bennett Bunning Chambliss agreed to. the other side of the aisle has balked at

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3355 Clinton Hutchison Nelson (NE) Sec. 203. Specially adapted housing assist- Sec. 802. Supplemental assistance for pro- Coburn Inhofe Pryor ance for individuals with severe viding automobiles or other Cochran Inouye Reed burn injuries. conveyances to certain disabled Coleman Isakson Reid Sec. 204. Extension of assistance for individ- Collins Johnson Roberts veterans. Conrad Kennedy Rockefeller uals residing temporarily in Sec. 803. Clarification of purpose of the out- Corker Kerry Salazar housing owned by a family reach services program of the Cornyn Klobuchar Sanders member. Department of Veterans Af- Craig Kohl Schumer Sec. 205. Supplemental specially adapted fairs. Crapo Kyl Sessions housing benefits for disabled Sec. 804. Termination or suspension of con- Dodd Landrieu Shelby veterans. tracts for cellular telephone Dole Lautenberg Smith Sec. 206. Report on specially adapted hous- service for servicemembers un- Domenici Leahy Snowe ing for disabled individuals. dergoing deployment outside Dorgan Levin Specter Sec. 207. Report on specially adapted hous- the United States. Durbin Lieberman Stabenow ing assistance for individuals Ensign Lincoln Stevens Sec. 805. Maintenance, management, and Enzi Lugar Sununu who reside in housing owned by availability for research of as- Feingold Martinez Tester a family member on permanent sets of Air Force Health Study. Feinstein McCaskill Thune basis. Sec. 806. National Academies study on risk Graham McConnell Voinovich TITLE III—LABOR AND EDUCATION of developing multiple sclerosis Grassley Menendez Warner MATTERS as a result of certain service in Gregg Mikulski Webb Sec. 301. Coordination of approval activities the Persian Gulf War and Post Hagel Murkowski Whitehouse 9/11 Global Operations theaters. Harkin Murray Wicker in the administration of edu- Hatch Nelson (FL) Wyden cation benefits. Sec. 807. Comptroller General report on ade- Sec. 302. Modification of rate of reimburse- quacy of dependency and in- NAYS—1 ment of State and local agen- demnity compensation to main- Vitter cies administering veterans tain survivors of veterans who die from service-connected dis- NOT VOTING—3 education benefits. Sec. 303. Waiver of residency requirement abilities. DeMint McCain Obama for Directors for Veterans’ Em- SEC. 2. REFERENCE TO TITLE 38, UNITED STATES The bill (S. 1315), as amended, was ployment and Training. CODE. Except as otherwise expressly provided, passed, as follows: Sec. 304. Modification of special unemployment study to cover veterans of whenever in this Act an amendment or re- S. 1315 Post 9/11 Global Operations. peal is expressed in terms of an amendment Be it enacted by the Senate and House of Rep- Sec. 305. Extension of increase in benefit for to, or repeal of, a section or other provision, resentatives of the United States of America in individuals pursuing appren- the reference shall be considered to be made Congress assembled, ticeship or on-job training. to a section or other provision of title 38, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE IV—FILIPINO WORLD WAR II United States Code. (a) SHORT TITLE.—This Act may be cited as VETERANS MATTERS TITLE I—INSURANCE MATTERS the ‘‘Veterans’ Benefits Enhancement Act of Sec. 401. Expansion of eligibility for benefits SEC. 101. LEVEL-PREMIUM TERM LIFE INSUR- 2007’’. provided by Department of Vet- ANCE FOR VETERANS WITH SERV- (b) TABLE OF CONTENTS.—The table of con- erans Affairs for certain service ICE-CONNECTED DISABILITIES. tents for this Act is as follows: in the organized military forces (a) IN GENERAL.—Chapter 19 is amended by of the Commonwealth of the inserting after section 1922A the following Sec. 1. Short title; table of contents. new section: Sec. 2. Reference to title 38, United States Philippines and the Philippine Code. Scouts. ‘‘§ 1922B. Level-premium term life insurance Sec. 402. Eligibility of children of certain for veterans with service-connected disabil- TITLE I—INSURANCE MATTERS Philippine veterans for edu- ities Sec. 101. Level-premium term life insurance cational assistance. ‘‘(a) IN GENERAL.—In accordance with the for veterans with service-con- TITLE V—COURT MATTERS provisions of this section, the Secretary nected disabilities. Sec. 501. Recall of retired judges of the shall grant insurance to each eligible vet- Sec. 102. Administrative costs of service dis- United States Court of Appeals eran who seeks such insurance against the abled veterans’ insurance. for Veterans Claims. death of such veteran occurring while such Sec. 103. Modification of servicemembers’ Sec. 502. Additional discretion in imposition insurance is in force. group life insurance coverage. of practice and registration ‘‘(b) ELIGIBLE VETERANS.—For purposes of Sec. 104. Supplemental insurance for totally fees. this section, an eligible veteran is any vet- disabled veterans. Sec. 503. Annual reports on workload of eran less than 65 years of age who has a serv- Sec. 105. Expansion of individuals qualifying United States Court of Appeals ice-connected disability. for retroactive benefits from for Veterans Claims. ‘‘(c) AMOUNT OF INSURANCE.—(1) Subject to traumatic injury protection Sec. 504. Report on expansion of facilities paragraph (2), the amount of insurance coverage under for United States Court of Ap- granted an eligible veteran under this sec- Servicemembers’ Group Life In- peals for Veterans Claims. tion shall be $50,000 or such lesser amount as surance. TITLE VI—COMPENSATION AND PENSION the veteran shall elect. The amount of insur- Sec. 106. Consideration of loss dominant MATTERS ance so elected shall be evenly divisible by hand in prescription of schedule Sec. 601. Addition of osteoporosis to disabil- $10,000. of severity of traumatic injury ities presumed to be service- ‘‘(2) The aggregate amount of insurance of under Servicemembers’ Group connected in former prisoners an eligible veteran under this section, sec- Life Insurance. of war with post-traumatic tion 1922 of this title, and section 1922A of Sec. 107. Designation of fiduciary for trau- stress disorder. this title may not exceed $50,000. matic injury protection cov- Sec. 602. Cost-of-living increase for tem- ‘‘(d) REDUCED AMOUNT FOR VETERANS AGE erage under Servicemembers’ porary dependency and indem- 70 OR OLDER.—In the case of a veteran in- Group Life Insurance in case of nity compensation payable for sured under this section who turns age 70, lost mental capacity or ex- surviving spouses with depend- the amount of insurance of such veteran tended loss of consciousness. ent children under the age of 18. under this section after the date such vet- Sec. 108. Enhancement of veterans’ mort- Sec. 603. Clarification of eligibility of veteran turns age 70 shall be the amount equal gage life insurance. erans 65 years of age or older to 20 percent of the amount of insurance of the veteran under this section as of the day TITLE II—HOUSING MATTERS for service pension for a period of war. before such date. Sec. 201. Home improvements and structural ‘‘(e) PREMIUMS.—(1) Premium rates for in- TITLE VII—BURIAL AND MEMORIAL alterations for totally disabled surance under this section shall be based on MATTERS members of the Armed Forces the 2001 Commissioners Standard Ordinary before discharge or release from Sec. 701. Supplemental benefits for veterans Basic Table of Mortality and interest at the the Armed Forces. for funeral and burial expenses. rate of 4.5 per centum per annum. Sec. 202. Eligibility for specially adapted Sec. 702. Supplemental plot allowances. ‘‘(2) The amount of the premium charged a housing benefits and assistance TITLE VIII—OTHER MATTERS veteran for insurance under this section may for members of the Armed Sec. 801. Eligibility of disabled veterans and not increase while such insurance is in force Forces with service-connected members of the Armed Forces for such veteran. disabilities and individuals re- with severe burn injuries for ‘‘(3) The Secretary may not charge a presiding outside the United automobiles and adaptive mium for insurance under this section for a States. equipment. veteran as follows:

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3356 CONGRESSIONAL RECORD — SENATE April 24, 2008 ‘‘(A) A veteran who has a service-con- Section 1968(a)(5)(B)(ii) is amended by strik- (1) an individual designated by the member nected disability rated as total and is eligi- ing ‘‘120 days after’’. be the recipient as the fiduciary of the mem- ble for a waiver of premiums under section SEC. 104. SUPPLEMENTAL INSURANCE FOR TO- ber; or 1912 of this title. TALLY DISABLED VETERANS. (2) a court of proper jurisdiction determine ‘‘(B) A veteran who is 70 years of age or (a) IN GENERAL.—Section 1922A(a) is the recipient as the fiduciary of the member older. amended by striking ‘‘$20,000’’ and inserting for purposes of this subsection. ‘‘(4) Insurance granted under this section ‘‘$30,000’’. (c) COMPLETION AND UPDATE.—The form shall be on a nonparticipating basis and all (b) EFFECTIVE DATE.—The amendment under subsection (a) shall be completed by premiums and other collections therefor made by subsection (a) shall take effect on an individual at the time of entry into the shall be credited directly to a revolving fund January 1, 2009. Armed Forces and updated periodically in the Treasury of the United States, and SEC. 105. EXPANSION OF INDIVIDUALS QUALI- thereafter. FYING FOR RETROACTIVE BENEFITS any payments on such insurance shall be SEC. 108. ENHANCEMENT OF VETERANS’ MORT- made directly from such fund. Appropria- FROM TRAUMATIC INJURY PROTEC- TION COVERAGE UNDER GAGE LIFE INSURANCE. tions to such fund are hereby authorized. SERVICEMEMBERS’ GROUP LIFE IN- Section 2106(b) is amended by striking ‘‘(5) Administrative costs to the Govern- SURANCE. ‘‘$90,000’’ and inserting ‘‘$150,000, or $200,000 ment for the costs of the program of insur- (a) IN GENERAL.—Paragraph (1) of section after January 1, 2012,’’. ance under this section shall be paid from 501(b) of the Veterans’ Housing Opportunity TITLE II—HOUSING MATTERS premiums credited to the fund under para- and Benefits Improvement Act of 2006 (Pub- graph (4), and payments for claims against lic Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A SEC. 201. HOME IMPROVEMENTS AND STRUC- the fund under paragraph (4) for amounts in note) is amended by striking ‘‘, if, as deter- TURAL ALTERATIONS FOR TOTALLY DISABLED MEMBERS OF THE ARMED excess of amounts credited to such fund mined by the Secretary concerned, that loss under that paragraph (after such administra- FORCES BEFORE DISCHARGE OR RE- was a direct result of a traumatic injury in- LEASE FROM THE ARMED FORCES. tive costs have been paid) shall be paid from curred in the theater of operations for Oper- Section 1717 is amended by adding at the appropriations to the fund. ation Enduring Freedom or Operation Iraqi end the following new subsection: ‘‘(f) APPLICATION REQUIRED.—An eligible Freedom’’. ‘‘(d)(1) In the case of a member of the veteran seeking insurance under this section (b) CONFORMING AMENDMENT.—The heading Armed Forces who, as determined by the shall file with the Secretary an application of such section is amended by striking ‘‘IN Secretary, has a disability permanent in na- therefor. Such application shall be filed not OPERATION ENDURING FREEDOM AND OPER- ture incurred or aggravated in the line of later than the earlier of— ATION IRAQI FREEDOM’’. ‘‘(1) the end of the two-year period begin- (c) EFFECTIVE DATE.—The amendments duty in the active military, naval, or air ning on the date on which the Secretary no- made by this section shall take effect on service, the Secretary may furnish improve- tifies the veteran that the veteran has a January 1, 2009. ments and structural alterations for such service-connected disability; and SEC. 106. CONSIDERATION OF LOSS DOMINANT member for such disability or as otherwise ‘‘(2) the end of the 10-year period beginning HAND IN PRESCRIPTION OF SCHED- described in subsection (a)(2) while such on the date of the separation of the veteran ULE OF SEVERITY OF TRAUMATIC member is hospitalized or receiving out- INJURY UNDER SERVICEMEMBERS’ patient medical care, services, or treatment from the Armed Forces, whichever is ear- GROUP LIFE INSURANCE. lier.’’. for such disability if the Secretary deter- (a) IN GENERAL.—Section 1980A(d) is mines that such member is likely to be dis- (b) CLERICAL AMENDMENT.—The table of amended— sections at the beginning of chapter 19 is charged or released from the Armed Forces (1) by striking ‘‘Payments under’’ and infor such disability. amended by inserting after the item related serting ‘‘(1) Payments under’’; and to section 1922A the following new item: ‘‘(2) The furnishing of improvements and (2) by adding at the end the following new alterations under paragraph (1) in connec- ‘‘1922B. Level-premium term life insurance paragraph: tion with the furnishing of medical services for veterans with service-con- ‘‘(2) As the Secretary considers appro- described in subparagraph (A) or (B) of sub- nected disabilities.’’. priate, the schedule required by paragraph section (a)(2) shall be subject to the limita- (c) EXCHANGE OF SERVICE DISABLED VET- (1) may distinguish in specifying payments tion specified in the applicable subpara- ERANS’ INSURANCE.—During the one-year pe- for qualifying losses between the severity of graph.’’. riod beginning on the effective date of this a qualifying loss of a dominant hand and a section under subsection (d), any veteran in- qualifying loss of a non-dominant hand.’’. SEC. 202. ELIGIBILITY FOR SPECIALLY ADAPTED sured under section 1922 of title 38, United (b) PAYMENTS FOR QUALIFYING LOSSES IN- HOUSING BENEFITS AND ASSIST- ANCE FOR MEMBERS OF THE ARMED States Code, who is eligible for insurance CURRED BEFORE DATE OF ENACTMENT.— FORCES WITH SERVICE-CONNECTED under section 1922B of such title (as added by (1) IN GENERAL.—The Secretary of Veterans DISABILITIES AND INDIVIDUALS RE- subsection (a)), may exchange insurance cov- Affairs shall prescribe in regulations mecha- SIDING OUTSIDE THE UNITED erage under such section 1922 for insurance nisms for payments under section 1980A of STATES. coverage under such section 1922B. title 38, United States Code, for qualifying (a) ELIGIBILITY.—Chapter 21 is amended by (d) EFFECTIVE DATE.—This section, and the losses incurred before the date of the enact- inserting after section 2101 the following new amendments made by this section, shall take ment of this Act by reason of the require- section: effect on April 1, 2009. ments of paragraph (2) of subsection (d) of ‘‘§ 2101A. Eligibility for benefits and assist- SEC. 102. ADMINISTRATIVE COSTS OF SERVICE such section (as amended by subsection (a)(2) ance: members of the Armed Forces with DISABLED VETERANS’ INSURANCE. of this section). service-connected disabilities; individuals Section 1922(a) is amended by striking ‘‘di- (2) QUALIFYING LOSS DEFINED.—In this sub- rectly from such fund’’ and inserting ‘‘di- section, the term ‘‘qualifying loss’’ means— residing outside the United States rectly from such fund; and (5) administrative (A) a loss specified in the second sentence ‘‘(a) MEMBERS WITH SERVICE-CONNECTED costs to the Government for the costs of the of subsection (b)(1) of section 1980A of title DISABILITIES.—(1) The Secretary may provide program of insurance under this section 38, United States Code; and assistance under this chapter to a member of shall be paid from premiums credited to the (B) any other loss specified by the Sec- the Armed Forces serving on active duty fund under paragraph (4), and payments for retary of Veterans Affairs pursuant to the who is suffering from a disability that meets claims against the fund under paragraph (4) first sentence of that subsection. applicable criteria for benefits under this for amounts in excess of amounts credited to SEC. 107. DESIGNATION OF FIDUCIARY FOR chapter if the disability is incurred or aggra- such fund under that paragraph (after such TRAUMATIC INJURY PROTECTION vated in line of duty in the active military, administrative costs have been paid) shall be COVERAGE UNDER naval, or air service. Such assistance shall be paid from appropriations to the fund’’. SERVICEMEMBERS’ GROUP LIFE IN- provided to the same extent as assistance is SURANCE IN CASE OF LOST MENTAL SEC. 103. MODIFICATION OF SERVICEMEMBERS’ provided under this chapter to veterans eligi- CAPACITY OR EXTENDED LOSS OF ble for assistance under this chapter and sub- GROUP LIFE INSURANCE COVERAGE. CONSCIOUSNESS. ject to the same requirements as veterans (a) EXPANSION OF SERVICEMEMBERS’ GROUP (a) IN GENERAL.—The Secretary of Defense LIFE INSURANCE TO INCLUDE CERTAIN MEM- shall, in consultation with the Secretary of under this chapter. BERS OF INDIVIDUAL READY RESERVE.— Veterans Affairs, develop a form for the des- ‘‘(2) For purposes of this chapter, any ref- (1) IN GENERAL.—Paragraph (1)(C) of sec- ignation of a recipient for the funds distrib- erence to a veteran or eligible individual tion 1967(a) is amended by striking ‘‘section uted under section 1980A of title 38, United shall be treated as a reference to a member 1965(5)(B) of this title’’ and inserting ‘‘sub- States Code, as the fiduciary of a member of of the Armed Forces described in subsection paragraph (B) or (C) of section 1965(5) of this the Armed Forces in cases where the member (a) who is similarly situated to the veteran title’’. is mentally incapacitated (as determined by or other eligible individual so referred to. (2) CONFORMING AMENDMENT.—Paragraph the Secretary of Defense in consultation ‘‘(b) BENEFITS AND ASSISTANCE FOR INDIVID- (5)(C) of such section 1967(a) is amended by with the Secretary of Veterans Affairs) or UALS RESIDING OUTSIDE THE UNITED striking ‘‘section 1965(5)(B) of this title’’ and experiencing an extended loss of conscious- STATES.—(1) Subject to paragraph (2), the inserting ‘‘subparagraph (B) or (C) of section ness. Secretary may, at the Secretary’s discretion, 1965(5) of this title’’. (b) ELEMENTS.—The form under subsection provide benefits and assistance under this (b) REDUCTION IN PERIOD OF COVERAGE FOR (a) shall require that a member may elect chapter (other than benefits under section DEPENDENTS AFTER MEMBER SEPARATES.— that— 2106 of this title) to any individual otherwise

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eligible for such benefits and assistance who (F) by striking ‘‘the veteran’’ each place it ‘‘(b) AMOUNT OF SUPPLEMENTAL ASSIST- resides outside the United States. appears and inserting ‘‘the individual’’; and ANCE.—(1) In the case of a payment made in ‘‘(2) The Secretary may provide benefits (G) by striking ‘‘a veteran’’ each place it accordance with section 2102(a) of this title, and assistance to an individual under para- appears and inserting ‘‘an individual’’. supplemental assistance required by sub- graph (1) only if— (7) HEADING AMENDMENTS.—(A) The heading section (a) is equal to the excess of— ‘‘(A) the country or political subdivision in of section 2101 is amended to read as follows: ‘‘(A) the payment which would be deter- which the housing or residence involved is or ‘‘§ 2101. Acquisition and adaptation of hous- mined under section 2102(a) of this title, and will be located permits the individual to ing: eligible veterans’’. 2102A of this title if applicable, if the amount described in section 2102(d)(1) of this title have or acquire a beneficial property inter- (B) The heading of section 2102A is amend- were increased to the adjusted amount de- est (as determined by the Secretary) in such ed to read as follows: housing or residence; and scribed in subsection (c)(1), over ‘‘(B) the individual has or will acquire a ‘‘§ 2102A. Assistance for individuals residing ‘‘(B) the payment determined without re- beneficial property interest (as so deter- temporarily in housing owned by a family gard to this section. mined) in such housing or residence. member’’. ‘‘(2) In the case of a payment made in ac- ‘‘(c) REGULATIONS.—Benefits and assistance (8) CLERICAL AMENDMENTS.—The table of cordance with section 2102(b) of this title, under this chapter by reason of this section sections at the beginning of chapter 21 is supplemental assistance required by sub- shall be provided in accordance with such amended— section (a) is equal to the excess of— regulations as the Secretary may pre- (A) by striking the item relating to section ‘‘(A) the payment which would be deter- scribe.’’. 2101 and inserting the following new item: mined under section 2102(b) of this title, and (b) CONFORMING AMENDMENTS.— ‘‘2101. Acquisition and adaptation of housing: 2102A of this title if applicable, if the amount (1) REPEAL OF SUPERSEDED AUTHORITY.— eligible veterans.’’; described in section 2102(b)(2) of this title and section 2102(d)(2) of this title were in- Section 2101 is amended— (B) by inserting after the item relating to creased to the adjusted amount described in (A) by striking subsection (c); and section 2101, as so amended, the following subsection (c)(2), over (B) by redesignating subsection (d) as sub- new item: ‘‘(B) the payment determined without re- section (c). ‘‘2101A. Eligibility for benefits and assist- (2) LIMITATIONS ON ASSISTANCE.—Section gard to this section. ance: members of the Armed ‘‘(c) ADJUSTED AMOUNT.—(1) In the case of 2102 is amended— Forces with service-connected (A) in subsection (a)— a payment made in accordance with section disabilities; individuals resid- 2102(a) of this title, the adjusted amount is (i) by striking ‘‘veteran’’ each place it ap- ing outside the United States.’’; pears and inserting ‘‘individual’’; and $60,000 (as adjusted from time to time under (ii) in paragraph (3), by striking ‘‘vet- and subsection (d)). ‘‘(2) In the case of a payment made in ac- eran’s’’ and inserting ‘‘individual’s’’; (C) by striking the item relating to section cordance with section 2102(b) of this title, (B) in subsection (b)(1), by striking ‘‘a vet- 2102A and inserting the following new item: the adjusted amount is $12,000 (as adjusted eran’’ and inserting ‘‘an individual’’; ‘‘2102A. Assistance for individuals residing from time to time under subsection (d)). (C) in subsection (c)— temporarily in housing owned ‘‘(d) ADJUSTMENT.—(1) Effective on October (i) by striking ‘‘a veteran’’ and inserting by a family member.’’. 1 of each year (beginning in 2008), the Sec- ‘‘an individual’’; and SEC. 203. SPECIALLY ADAPTED HOUSING ASSIST- retary shall increase the adjusted amounts (ii) by striking ‘‘the veteran’’ each place it ANCE FOR INDIVIDUALS WITH SE- described in subsection (c) in accordance appears and inserting ‘‘the individual’’; and VERE BURN INJURIES. with this subsection. (D) in subsection (d), by striking ‘‘a vet- Section 2101 is amended— (1) in subsection (a)(2), by adding at the ‘‘(2) The increase in amounts under para- eran’’ each place it appears and inserting graph (1) to take effect on October 1 of any ‘‘an individual’’. end the following new subparagraph: ‘‘(E) The disability is due to a severe burn year shall be the percentage by which (A) the (3) ASSISTANCE FOR INDIVIDUALS TEMPO- residential home cost-of-construction index RARILY RESIDING IN HOUSING OF FAMILY MEM- injury (as determined pursuant to regulations prescribed by the Secretary).’’; and for the preceding calendar year exceeds (B) BER.—Section 2102A is amended— the residential home cost-of-construction (A) by striking ‘‘veteran’’ each place it ap- (2) in subsection (b)(2)— (A) by striking ‘‘either’’ and inserting index for the year preceding that year. pears (other than in subsection (b)) and in- ‘‘(3) The Secretary shall establish a resi- ‘‘any’’; and serting ‘‘individual’’; dential home cost-of-construction index for (B) by adding at the end the following new (B) in subsection (a), by striking ‘‘vet- the purposes of this subsection. The index subparagraph: eran’s’’ each place it appears and inserting shall reflect a uniform, national average in- ‘‘(C) The disability is due to a severe burn ‘‘individual’s’’; and crease in the cost of residential home con- injury (as so determined).’’. (C) in subsection (b), by striking ‘‘a vet- struction, determined on a calendar year eran’’ each place it appears and inserting SEC. 204. EXTENSION OF ASSISTANCE FOR INDI- basis. The Secretary may use an index devel- VIDUALS RESIDING TEMPORARILY ‘‘an individual’’. oped in the private sector that the Secretary (4) FURNISHING OF PLANS AND SPECIFICA- IN HOUSING OWNED BY A FAMILY MEMBER. determines is appropriate for purposes of TIONS.—Section 2103 is amended by striking Section 2102A(e) is amended by striking this subsection. ‘‘veterans’’ both places it appears and insert- ‘‘(e) ESTIMATES.—(1) From time to time, ing ‘‘individuals’’. ‘‘after the end of the five-year period that begins on the date of the enactment of the the Secretary shall make an estimate of— (5) CONSTRUCTION OF BENEFITS.—Section Veterans’ Housing Opportunity and Benefits ‘‘(A) the amount of funding that would be 2104 is amended— necessary to provide supplemental assist- (A) in subsection (a), by striking ‘‘veteran’’ Improvement Act of 2006’’ and inserting ‘‘after December 31, 2011’’. ance under this section to all eligible recipi- each place it appears and inserting ‘‘indi- ents for the remainder of the fiscal year in vidual’’; and SEC. 205. SUPPLEMENTAL SPECIALLY ADAPTED which such an estimate is made; and (B) in subsection (b)— HOUSING BENEFITS FOR DISABLED VETERANS. ‘‘(B) the amount that Congress would need (i) in the first sentence, by striking ‘‘A vet- (a) IN GENERAL.—Chapter 21 is amended by to appropriate to provide all eligible recipi- eran’’ and inserting ‘‘An individual’’; ents with supplemental assistance under this (ii) in the second sentence, by striking ‘‘a inserting after section 2102A the following new section: section in the next fiscal year. veteran’’ and inserting ‘‘an individual’’; and ‘‘(2) On the dates described in paragraph (iii) by striking ‘‘such veteran’’ each place ‘‘§ 2102B. Supplemental assistance (3), the Secretary shall submit to the appro- it appears and inserting ‘‘such individual’’. ‘‘(a) IN GENERAL.—(1) Subject to the avail- priate committees of Congress the estimates (6) VETERANS’ MORTGAGE LIFE INSURANCE.— ability of funds specifically provided for pur- described in paragraph (1). Section 2106 is amended— poses of this subsection in advance in an ap- ‘‘(3) The dates described in this paragraph (A) in subsection (a)— propriations Act, whenever the Secretary are the following: (i) by striking ‘‘any eligible veteran’’ and makes a payment in accordance with section ‘‘(A) April 1 of each year. inserting ‘‘any eligible individual’’; and 2102 of this title to an individual authorized ‘‘(B) July 1 of each year. (ii) by striking ‘‘the veterans’’’ and insert- to receive such assistance under section 2101 ‘‘(C) September 1 of each year. ing ‘‘the individual’s’’; of this title for the acquisition of housing ‘‘(D) The date that is 60 days before the (B) in subsection (b), by striking ‘‘an eligi- with special features or for special adapta- date estimated by the Secretary on which ble veteran’’ and inserting ‘‘an eligible indi- tions to a residence, the Secretary is also au- amounts appropriated for the purposes of vidual’’; thorized and directed to pay such individual this section for a fiscal year will be ex- (C) in subsection (e), by striking ‘‘an eligi- supplemental assistance under this section hausted. ble veteran’’ and inserting ‘‘an individual’’; for such acquisition or adaptation. ‘‘(f) APPROPRIATE COMMITTEES OF CONGRESS (D) in subsection (h), by striking ‘‘each ‘‘(2) No supplemental assistance payment DEFINED.—In this section, the term ‘appro- veteran’’ and inserting ‘‘each individual’’; shall be made under this subsection if the priate committees of Congress’ means— (E) in subsection (i), by striking ‘‘the vet- Secretary has expended all funds that were ‘‘(1) the Committee on Appropriations and eran’s’’ each place it appears and inserting specifically provided for purposes of this sub- the Committee on Veterans’ Affairs of the ‘‘the individual’s’’; section in an appropriations Act. Senate; and

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3358 CONGRESSIONAL RECORD — SENATE April 24, 2008 ‘‘(2) the Committee on Appropriations and ensure the coordination of approval activi- ‘‘(B) Veterans who served in combat or in the Committee on Veterans’ Affairs of the ties performed by State approving agencies a war zone in the Post 9/11 Global Operations House of Representatives.’’. under this chapter and chapters 34 and 35 of theaters.’’; and (b) CLERICAL AMENDMENT.—The table of this title and approval activities performed (4) in subparagraph (C)— sections at the beginning of such chapter is by the Department of Labor, the Department (A) by striking ‘‘Vietnam era’’ and insert- amended by inserting after the item related of Education, and other entities in order to ing ‘‘Post 9/11 Global Operations period’’; and to section 2102A the following new item: reduce overlap and improve efficiency in the (B) by striking ‘‘the Vietnam theater of op- ‘‘2102B. Supplemental assistance.’’. performance of such activities.’’. erations’’ and inserting ‘‘the Post 9/11 Global (c) AUTHORIZATION OF APPROPRIATIONS.— (2) CONFORMING AND CLERICAL AMEND- Operations theaters’’. There are authorized to be appropriated to MENTS.—(A) The heading of such section is (b) DEFINITIONS.—Such section is further the Secretary of Veterans Affairs such sums amended to read as follows: amended by adding at the end the following as may be necessary to carry out the provi- ‘‘§ 3673. Approval activities: cooperation and new subsection: sions of section 2102B of title 38, United coordination of activities’’. ‘‘(c) In this section: States Code (as added by subsection (a)). ‘‘(1) The term ‘Post 9/11 Global Operations (B) The table of sections at the beginning period’ means the period of the Persian Gulf (d) EFFECTIVE DATE.—The amendments of chapter 36 is amended by striking the item made by this section shall take effect on Oc- War beginning on September 11, 2001, and relating to section 3673 and inserting the fol- ending on the date thereafter prescribed by tober 1, 2008, and shall apply with respect to lowing new item: payments made in accordance with section Presidential proclamation or law. ‘‘3673. Approval activities: cooperation and 2102 of title 38, United States Code, on or ‘‘(2) The term ‘Post 9/11 Global Operations coordination of activities.’’. after that date. theaters’ means Afghanistan, Iraq, or any (3) STYLISTIC AMENDMENTS.—Such section other theater in which the Global War on SEC. 206. REPORT ON SPECIALLY ADAPTED is further amended— HOUSING FOR DISABLED INDIVID- Terrorism Expeditionary Medal is awarded UALS. (A) in subsection (a), by inserting ‘‘CO- for service.’’. (a) IN GENERAL.—Not later than December OPERATION IN ACTIVITIES.—’’ after ‘‘(a)’’; and SEC. 305. EXTENSION OF INCREASE IN BENEFIT 31, 2009, the Secretary of Veterans Affairs (B) in subsection (c), as redesignated by FOR INDIVIDUALS PURSUING AP- shall submit to the Committee on Veterans’ paragraph (1)(A) of this subsection, by in- PRENTICESHIP OR ON-JOB TRAIN- Affairs of the Senate and the Committee on serting ‘‘AVAILABILITY OF INFORMATION MA- ING. Veterans’ Affairs of the House of Representa- TERIAL.—’’ after ‘‘(c)’’. Section 103 of the Veterans Benefits Im- tives a report that contains an assessment of (b) REPORT.—Not later than 120 days after provement Act of 2004 (Public Law 108–454; the adequacy of the authorities available to the date of the enactment of this Act, the 118 Stat. 3600) is amended by striking ‘‘2008’’ the Secretary under law to assist eligible Secretary of Veterans Affairs shall submit to each place it appears and inserting ‘‘2010’’. the Committee on Veterans’ Affairs of the disabled individuals in acquiring— The amendment made by the preceding sen- Senate and the Committee on Veterans’ Af- (1) suitable housing units with special fix- tence shall take effect on October 1, 2008, and fairs of the House of Representatives a re- tures or movable facilities required for their shall expire on January 1, 2010. port setting forth the following: disabilities, and necessary land therefor; TITLE IV—FILIPINO WORLD WAR II (1) The actions taken to establish outcome- (2) such adaptations to their residences as VETERANS MATTERS oriented performance standards for State ap- are reasonably necessary because of their proving agencies created or designated under SEC. 401. EXPANSION OF ELIGIBILITY FOR BENE- disabilities; and FITS PROVIDED BY DEPARTMENT OF section 3671 of title 38, United States Code, (3) residences already adapted with special VETERANS AFFAIRS FOR CERTAIN including a description of any plans for, and features determined by the Secretary to be SERVICE IN THE ORGANIZED MILI- the status of the implementation of, such reasonably necessary as a result of their dis- TARY FORCES OF THE COMMON- standards as part of the evaluations of State WEALTH OF THE PHILIPPINES AND abilities. approving agencies required by section 3674A THE PHILIPPINE SCOUTS. (b) FOCUS ON PARTICULAR DISABILITIES.— (a) MODIFICATION OF STATUS OF CERTAIN The report required by subsection (a) shall of title 38, United States Code. SERVICE.— set forth a specific assessment of the needs (2) The actions taken to implement a tracking and reporting system for resources (1) IN GENERAL.—Section 107 is amended to of— read as follows: (1) veterans who have disabilities that are expended for approval and outreach activi- not described in subsections (a)(2) and (b)(2) ties by such agencies. ‘‘§ 107. Certain service with Philippine forces of section 2101 of title 38, United States Code; (3) Any recommendations for legislative deemed to be active service and action that the Secretary considers appro- ‘‘(a) IN GENERAL.—Service described in sub- (2) other disabled individuals eligible for priate to achieve the complete implementa- section (b) shall be deemed to have been ac- specially adapted housing under chapter 21 of tion of the standards described in paragraph tive military, naval, or air service for pur- such title by reason of section 2101A of such (1). poses of any law of the United States confer- title (as added by section 202(a) of this Act) SEC. 302. MODIFICATION OF RATE OF REIM- ring rights, privileges, or benefits upon any BURSEMENT OF STATE AND LOCAL who have disabilities that are not described individual by reason of the service of such AGENCIES ADMINISTERING VET- individual or the service of any other indi- in such subsections. ERANS EDUCATION BENEFITS. vidual in the Armed Forces. SEC. 207. REPORT ON SPECIALLY ADAPTED Section 3674(a)(4) is amended by striking ‘‘(b) SERVICE DESCRIBED.—Service de- HOUSING ASSISTANCE FOR INDIVID- ‘‘$13,000,000’’ and all that follows through scribed in this subsection is service— UALS WHO RESIDE IN HOUSING ‘‘fiscal year 2007,’’. OWNED BY A FAMILY MEMBER ON ‘‘(1) before July 1, 1946, in the organized PERMANENT BASIS. SEC. 303. WAIVER OF RESIDENCY REQUIREMENT military forces of the Government of the Not later than December 31, 2009, the Sec- FOR DIRECTORS FOR VETERANS’ EMPLOYMENT AND TRAINING. Commonwealth of the Philippines, while retary of Veterans Affairs shall submit to Section 4103(a)(2) is amended— such forces were in the service of the Armed the Committee on Veterans’ Affairs of the (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and Forces of the United States pursuant to the Senate and the Committee on Veterans’ Af- (2) by adding at the end the following new military order of the President dated July fairs of the House of Representatives a re- subparagraph: 26, 1941, including among such military port on the advisability of providing assist- ‘‘(B) The Secretary may waive the require- forces organized guerrilla forces under com- ance under section 2102A of title 38, United ment in subparagraph (A) with respect to a manders appointed, designated, or subse- States Code, to veterans described in sub- Director for Veterans’ Employment and quently recognized by the Commander in section (a) of such section, and to members Training if the Secretary determines that Chief, Southwest Pacific Area, or other com- of the Armed Forces covered by such section the waiver is in the public interest. Any such petent authority in the Army of the United 2102A by reason of section 2101A of title 38, waiver shall be made on a case-by-case States; or United States Code (as added by section basis.’’. ‘‘(2) in the Philippine Scouts under section 202(a) of this Act), who reside with family SEC. 304. MODIFICATION OF SPECIAL UNEMPLOY- 14 of the Armed Forces Voluntary Recruit- members on a permanent basis. MENT STUDY TO COVER VETERANS ment Act of 1945 (59 Stat. 538). TITLE III—LABOR AND EDUCATION OF POST 9/11 GLOBAL OPERATIONS. ‘‘(c) DEPENDENCY AND INDEMNITY COM- MATTERS (a) MODIFICATION OF STUDY.—Subsection PENSATION FOR CERTAIN RECIPIENTS RESIDING SEC. 301. COORDINATION OF APPROVAL ACTIVI- (a)(1) of section 4110A is amended— OUTSIDE THE UNITED STATES.—(1) Depend- TIES IN THE ADMINISTRATION OF (1) in the matter before subparagraph (A), ency and indemnity compensation provided EDUCATION BENEFITS. by striking ‘‘a study every two years’’ and under chapter 13 of this title to an individual (a) COORDINATION.— inserting ‘‘an annual study’’; described in paragraph (2) shall be made at a (1) IN GENERAL.—Section 3673 is amended— (2) by redesignating subparagraph (A) as rate of $0.50 for each dollar authorized. (A) by redesignating subsection (b) as sub- subparagraph (F); ‘‘(2) An individual described in this para- section (c); and (3) by striking subparagraph (B) and insert- graph is an individual who resides outside (B) by inserting after subsection (a) the ing the following new subparagraphs: the United States and is entitled to depend- following new subsection (b): ‘‘(A) Veterans who were called to active ency and indemnity compensation under ‘‘(b) COORDINATION OF ACTIVITIES.—The duty while members of the National Guard chapter 13 of this title based on service de- Secretary shall take appropriate actions to or a Reserve Component. scribed in subsection (b).

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‘‘(d) MODIFIED PENSION AND DEATH PENSION States, the District of Columbia, Puerto (subject to section 7257(d)(2) of this title) be FOR CERTAIN RECIPIENTS RESIDING OUTSIDE Rico, Guam, American Samoa, the Virgin Is- the rate of pay applicable to that judge at THE UNITED STATES.—(1) Any pension pro- lands, the Commonwealth of the Northern the time of retirement, as adjusted from vided under subchapter II or III of chapter 15 Mariana Islands, and any other possession or time to time under subsection (f)(3). of this title to an individual described in territory of the United States.’’. ‘‘(ii) In the case of a judge other than a re- paragraph (2) shall be made only as specified (2) CLERICAL AMENDMENT.—The table of call-eligible retired judge, the retired pay of in section 1514 of this title. sections at the beginning of chapter 15 is the judge shall be the rate of pay applicable ‘‘(2) An individual described in this para- amended by inserting after the item related to that judge at the time of retirement. graph is an individual who resides outside to section 1513 the following new item: ‘‘(B) A judge who retired before the date of the United States and is entitled to a pen- ‘‘1514. Certain recipients residing outside the the enactment of the Veterans’ Benefits En- sion provided under subchapter II or III of United States.’’. hancement Act of 2007 and elected under subchapter 15 of this title based on service de- section (d) to receive retired pay under this (3) FREQUENCY OF PAYMENT.—Section 1508 scribed in subsection (b). is amended by inserting ‘‘1514,’’ before subsection, or a judge who retires under sub- ‘‘(e) UNITED STATES DEFINED.—In this sec- ‘‘1521,’’ each place it appears. section (b) and elects under subsection (d) to tion, the term ‘United States’ means the receive retired pay under this subsection, (4) ROUNDING DOWN OF RATES.—Section 5123 States, the District of Columbia, Puerto shall (except as provided in paragraph (2)) re- Rico, Guam, American Samoa, the Virgin Is- is amended by inserting ‘‘1514,’’ before ‘‘1521’’. ceive retired pay as follows: lands, the Commonwealth of the Northern ‘‘(i) In the case of a judge who is a recall- (5) ANNUAL ADJUSTMENT OF BENEFIT Mariana Islands, and any other possession or eligible retired judge under section 7257 of territory of the United States.’’. RATES.—Section 5312 is amended— (A) in subsection (a), by inserting ‘‘1514,’’ this title or who was a recall-eligible retired (2) CLERICAL AMENDMENT.—The table of before ‘‘1521,’’ the first place it appears; and judge under that section and was removed sections at the beginning of chapter 1 is from recall status under subsection (b)(4) of amended by striking the item related to sec- (B) in subsection (c)(1), by inserting ‘‘1514,’’ before ‘‘1521,’’. that section by reason of disability, the re- tion 107 and inserting the following new tired pay of the judge shall be the pay of a item: (6) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) shall apply to judge of the court. ‘‘107. Certain service with Philippine forces applications for benefits filed on or after ‘‘(ii) In the case of a judge who at the time deemed to be active service.’’. April 1, 2009. The amendments made by para- of retirement did not provide notice under (3) EFFECTIVE DATE.—The amendment graphs (3), (4), and (5) shall take effect on section 7257 of this title of availability for made by this subsection shall apply with re- April 1, 2009. service in a recalled status, the retired pay spect to the payment or provision of benefits (c) PENSION AND DEATH PENSION BENEFIT of the judge shall be the rate of pay applica- on or after April 1, 2009. No benefits are pay- PROTECTION.—Notwithstanding any other ble to that judge at the time of retirement. able or are required to be provided by reason provision of law, a veteran with service de- ‘‘(iii) In the case of a judge who was a re- of such amendment for any period before scribed in section 107(b) of title 38, United call-eligible retired judge under section 7257 such date. States Code (as added by subsection (a)), who of this title and was removed from recall sta- (b) PENSION AND DEATH PENSION FOR CER- is receiving benefits under a Federal or fed- tus under subsection (b)(3) of that section, TAIN SERVICE.— erally assisted program as of April 1, 2009, or the retired pay of the judge shall be the pay (1) IN GENERAL.—Subchapter II of chapter a survivor of such veteran who is receiving of the judge at the time of the removal from 15 is amended by adding at the end the fol- such benefits as of that date, may not be re- recall status.’’. lowing new section: quired to apply for or receive benefits under (2) COST-OF-LIVING ADJUSTMENT FOR RE- ‘‘§ 1514. Certain recipients residing outside chapter 15 of such title if the receipt of such TIRED PAY OF NEW JUDGES WHO ARE RECALL- the United States benefits would— ELIGIBLE.—Section 7296(f)(3)(A) is amended by striking ‘‘paragraph (2) of subsection (c)’’ ‘‘(a) SPECIAL RATES FOR PENSION BENEFITS (1) make such veteran or survivor ineli- and inserting ‘‘paragraph (1)(A)(i) or (2) of FOR INDIVIDUALS SERVING WITH PHILIPPINE gible for any Federal or federally assisted subsection (c)’’. FORCES AND SURVIVORS.—(1) Payment under program for which such veteran or survivor (3) PAY DURING PERIOD OF RECALL.—Sub- this subchapter to an individual who resides qualifies; or section (d) of section 7257 is amended to read outside the United States and is eligible for (2) reduce the amount of benefit such vet- as follows: such payment because of service described in eran or survivor would receive from any Fed- ‘‘(d)(1) The pay of a recall-eligible retired section 107(b) of this title shall be made as eral or federally assisted program for which judge to whom section 7296(c)(1)(B) of this follows: such veteran or survivor qualifies. title applies is the pay specified in that sec- ‘‘(A) For such an individual who is mar- SEC. 402. ELIGIBILITY OF CHILDREN OF CERTAIN tion. ried, at a rate of $4,500 per year (as increased PHILIPPINE VETERANS FOR EDU- from time to time under section 5312 of this CATIONAL ASSISTANCE. ‘‘(2) A judge who is recalled under this sec- title). (a) IN GENERAL.—Subsection (b) of section tion who retired under chapter 83 or 84 of ‘‘(B) For such an individual who is not 3565 is amended by striking ‘‘except that—’’ title 5 or to whom section 7296(c)(1)(A) of this married, at a rate of $3,600 per year (as in- and all that follows and inserting ‘‘except title applies shall be paid, during the period creased from time to time under section 5312 that a reference to a State approving agency for which the judge serves in recall status, of this title). shall be deemed to refer to the Secretary.’’. pay at the rate of pay in effect under section ‘‘(2) Payment under subchapter III of this (b) REPEAL OF OBSOLETE PROVISION.—Such 7253(e) of this title for a judge performing ac- chapter to an individual who resides outside section is further amended by striking sub- tive service, less the amount of the judge’s the United States and is eligible for such section (c). annuity under the applicable provisions of payment because of service described in sec- TITLE V—COURT MATTERS chapter 83 or 84 of title 5 or the judge’s annuity under section 7296(c)(1)(A) of this title, tion 107(b) of this title shall be made at a SEC. 501. RECALL OF RETIRED JUDGES OF THE rate of $2,400 per year (as increased from UNITED STATES COURT OF APPEALS whichever is applicable.’’. time to time under section 5312 of this title). FOR VETERANS CLAIMS. (4) NOTICE.—The last sentence of section ‘‘(3) An individual who is otherwise enti- (a) REPEAL OF LIMIT ON SERVICE OF RE- 7257(a)(1) is amended to read as follows: tled to benefits under this chapter and re- CALLED RETIRED JUDGES WHO VOLUNTARILY ‘‘Such a notice provided by a retired judge to sides outside the United States, and receives SERVE MORE THAN 90 DAYS.—Section whom section 7296(c)(1)(B) of this title ap- or would otherwise be eligible to receive a 7257(b)(2) is amended by striking ‘‘or for plies is irrevocable.’’. monetary benefit from a foreign govern- more than a total of 180 days (or the equiva- (c) LIMITATION ON INVOLUNTARY RECALLS.— ment, may not receive benefits under this lent) during any calendar year’’. Section 7257(b)(3) is amended by adding at chapter for service described in section 107(b) (b) NEW JUDGES RECALLED AFTER RETIRE- the end the following new sentence: ‘‘This of this title if receipt of such benefits under MENT RECEIVE PAY OF CURRENT JUDGES ONLY paragraph shall not apply to a judge to this chapter would reduce such monetary DURING PERIOD OF RECALL.— whom section 7296(c)(1)(A) or 7296(c)(1)(B) of benefit from such foreign government. (1) IN GENERAL.—Section 7296(c) is amended this title applies and who has, in the aggre- ‘‘(4) The provisions of sections 1503(a), 1506, by striking paragraph (1) and inserting the gate, served at least five years of recalled 1522, and 1543 of this title shall not apply to following new paragraph: service on the Court under this section.’’. benefits paid under this section. ‘‘(1)(A) A judge who is appointed on or SEC. 502. ADDITIONAL DISCRETION IN IMPOSI- ‘‘(b) INDIVIDUALS LIVING OUTSIDE THE after the date of the enactment of the Vet- TION OF PRACTICE AND REGISTRA- UNITED STATES ENTITLED TO CERTAIN SOCIAL erans’ Benefits Enhancement Act of 2007 and TION FEES. SECURITY BENEFITS INELIGIBLE.—An indi- who retires under subsection (b) and elects Section 7285(a) is amended— vidual residing outside the United States under subsection (d) to receive retired pay (1) in the first sentence, by inserting ‘‘rea- who is receiving or is eligible to receive ben- under this subsection shall (except as pro- sonable’’ after ‘‘impose a’’; efits under title VIII of the Social Security vided in paragraph (2)) receive retired pay as (2) in the second sentence, by striking ‘‘, Act (42 U.S.C. 1001 et seq.) may not receive follows: except that such amount may not exceed $30 benefits under this chapter. ‘‘(i) In the case of a judge who is a recall- per year’’; and ‘‘(c) UNITED STATES DEFINED.—In this sec- eligible retired judge under section 7257 of (3) in the third sentence, by inserting ‘‘rea- tion, the term ‘United States’ means the this title, the retired pay of the judge shall sonable’’ after ‘‘impose a’’.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3360 CONGRESSIONAL RECORD — SENATE April 24, 2008 SEC. 503. ANNUAL REPORTS ON WORKLOAD OF (A) leasing additional space for the United determinations of income and maximum UNITED STATES COURT OF APPEALS States Court of Appeals for Veterans Claims payments of pension for purposes of this sec- FOR VETERANS CLAIMS. within the building where the Court was lo- tion.’’. (a) IN GENERAL.—Subchapter III of chapter cated on the date of the enactment of this TITLE VII—BURIAL AND MEMORIAL 72 is amended by adding at the end the fol- Act; and MATTERS lowing new section: (B) using the entirety of such building as a SEC. 701. SUPPLEMENTAL BENEFITS FOR VET- ‘‘§ 7288. Annual report Veterans Courthouse and Justice Center. ERANS FOR FUNERAL AND BURIAL ‘‘(a) IN GENERAL.—The chief judge of the (2) CONTENTS.—The report required by EXPENSES. Court shall submit annually to the appro- paragraph (1) shall include a detailed anal- (a) FUNERAL EXPENSES.— priate committees of Congress a report sum- ysis of the following: (1) IN GENERAL.—Chapter 23 is amended by marizing the workload of the Court for the (A) The impact that the matter analyzed inserting after section 2302 the following new last fiscal year that ended before the submis- in accordance with paragraph (1) would have section: sion of such report. Such report shall in- on Federal tenants of the building used by ‘‘§ 2302A. Funeral expenses: supplemental clude, with respect to such fiscal year, the the Court. benefits following information: (B) Whether it would be feasible to relo- cate such Federal tenants into office space ‘‘(a) IN GENERAL.—(1) Subject to the avail- ‘‘(1) The number of appeals filed. ability of funds specifically provided for pur- that offers similar or preferable cost, con- ‘‘(2) The number of petitions filed. poses of this subsection in advance in an ap- venience, and usable square footage. ‘‘(3) The number of applications filed under propriations Act, whenever the Secretary (C) If relocation of such Federal tenants is section 2412 of title 28. makes a payment for the burial and funeral found to be feasible and desirable, an anal- ‘‘(4) The number and type of dispositions. of a veteran under section 2302(a) of this ‘‘(5) The median time from filing to dis- ysis of what steps should be taken to convert title, the Secretary is also authorized and di- position. the building into a Veterans Courthouse and rected to pay the recipient of such payment ‘‘(6) The number of oral arguments. Justice Center and a timeline for such con- a supplemental payment under this section ‘‘(7) The number and status of pending ap- version. for the cost of such burial and funeral. peals and petitions and of applications de- (3) COMMENT PERIOD.—The Administrator ‘‘(2) No supplemental payment shall be scribed in paragraph (3). shall provide an opportunity to such Federal made under this subsection if the Secretary ‘‘(8) A summary of any service performed tenants— has expended all funds that were specifically by recalled retired judges during the fiscal (A) before the completion of the report re- provided for purposes of this subsection in an year. quired by paragraph (1), to comment on the appropriations Act. ‘‘(b) APPROPRIATE COMMITTEES OF CON- subject of the report required by such para- ‘‘(b) AMOUNT.—The amount of the supple- GRESS DEFINED.—In this section, the term graph; and mental payment required by subsection (a) ‘appropriate committees of Congress’ means (B) before the Administrator submits the for any death is $900 (as adjusted from time the Committee on Veterans’ Affairs of the report required by paragraph (1) to the con- to time under subsection (c)). Senate and the Committee on Veterans’ Af- gressional committees specified in such ‘‘(c) ADJUSTMENT.—With respect to deaths fairs of the House of Representatives.’’. paragraph, to comment on a draft of such re- that occur in any fiscal year after fiscal year (b) CLERICAL AMENDMENT.—The table of port. 2008, the supplemental payment described in subsection (b) shall be equal to the sum of— sections at the beginning of chapter 72 is TITLE VI—COMPENSATION AND PENSION ‘‘(1) the supplemental payment in effect amended by inserting after the item related MATTERS to section 7287 the following new item: under subsection (b) for the preceding fiscal SEC. 601. ADDITION OF OSTEOPOROSIS TO DIS- year (determined after application of this ‘‘7288. Annual report.’’. ABILITIES PRESUMED TO BE SERV- subsection), plus SEC. 504. REPORT ON EXPANSION OF FACILITIES ICE-CONNECTED IN FORMER PRIS- ONERS OF WAR WITH POST-TRAU- ‘‘(2) the sum of the amount described in FOR UNITED STATES COURT OF AP- section 2302(a) of this title and the amount PEALS FOR VETERANS CLAIMS. MATIC STRESS DISORDER. under paragraph (1), multiplied by the per- (a) FINDINGS.—Congress makes the fol- Section 1112(b)(2) is amended by adding at centage by which— lowing findings: the end the following new subparagraph: ‘‘(A) the Consumer Price Index (all items, (1) The United States Court of Appeals for ‘‘(F) Osteoporosis, if the Secretary deter- United States city average) for the 12-month Veterans Claims is currently located in the mines that the veteran was diagnosed with period ending on the June 30 preceding the District of Columbia in a commercial office post-traumatic stress disorder (PTSD).’’. beginning of the fiscal year for which the in- building that is also occupied by other Fed- SEC. 602. COST-OF-LIVING INCREASE FOR TEM- crease is made, exceeds eral tenants. PORARY DEPENDENCY AND INDEM- ‘‘(B) such Consumer Price Index for the 12- (2) In February 2006, the General Services NITY COMPENSATION PAYABLE FOR SURVIVING SPOUSES WITH DEPEND- month period preceding the 12-month period Administration provided Congress with a ENT CHILDREN UNDER THE AGE OF described in subparagraph (A). preliminary feasibility analysis of a dedi- 18. ‘‘(d) ESTIMATES.—(1) From time to time, cated Veterans Courthouse and Justice Cen- Section 1311(f) is amended by adding at the the Secretary shall make an estimate of— ter that would house the Court and other en- end the following new paragraph: ‘‘(A) the amount of funding that would be tities that work with the Court. ‘‘(5) Whenever there is an increase in ben- necessary to provide supplemental payments (3) In February 2007, the Court notified efit amounts payable under title II of the So- under this section to all eligible recipients Congress that the ‘‘most cost-effective alter- cial Security Act (42 U.S.C. 401 et seq.) as a for the remainder of the fiscal year in which native appears to be leasing substantial addi- result of a determination made under section such an estimate is made; and tional space in the current location’’, which 215(i) of such Act (42 U.S.C. 415(i)), the Sec- ‘‘(B) the amount that Congress would need would ‘‘require relocating other current gov- retary shall, effective on the date of such in- to appropriate to provide all eligible recipi- ernment tenants’’ from that building. crease in benefit amounts, increase the ents with supplemental payments under this (4) The February 2006 feasibility report of amount payable under paragraph (1), as such section in the next fiscal year. the General Services Administration does amount was in effect immediately prior to ‘‘(2) On the dates described in paragraph not include an analysis of whether it would the date of such increase in benefit amounts, (3), the Secretary shall submit to the appro- be feasible or desirable to locate a Veterans by the same percentage as the percentage by priate committees of Congress the estimates Courthouse and Justice Center at the cur- which such benefit amounts are increased. described in paragraph (1). rent location of the Court. Any increase in a dollar amount under this ‘‘(3) The dates described in this paragraph (b) SENSE OF CONGRESS.—It is the sense of paragraph shall be rounded down to the next are the following: Congress that— lower whole dollar amount.’’. ‘‘(A) April 1 of each year. (1) the United States Court of Appeals for SEC. 603. CLARIFICATION OF ELIGIBILITY OF ‘‘(B) July 1 of each year. Veterans Claims should be provided with ap- VETERANS 65 YEARS OF AGE OR ‘‘(C) September 1 of each year. propriate office space to meet its needs, as OLDER FOR SERVICE PENSION FOR ‘‘(D) The date that is 60 days before the well as to provide the image, security, and A PERIOD OF WAR. date estimated by the Secretary on which stature befitting a court that provides jus- Section 1513 is amended— amounts appropriated for the purposes of tice to the veterans of the United States; and (1) in subsection (a), by striking ‘‘by sec- this section for a fiscal year will be ex- (2) in providing that space, Congress should tion 1521’’ and all that follows and inserting hausted. avoid undue disruption, inconvenience, or ‘‘by subsection (b), (c), (f)(1), (f)(5), or (g) of ‘‘(e) APPROPRIATE COMMITTEES OF CON- cost to other Federal entities. that section, as the case may be and as in- GRESS DEFINED.—In this section, the term (c) REPORT.— creased from time to time under section 5312 ‘appropriate committees of Congress’ (1) IN GENERAL.—Not later than 180 days of this title.’’; means— after the date of the enactment of this Act, (2) by redesignating subsection (b) as sub- ‘‘(1) the Committee on Appropriations and the Administrator of General Services shall section (c); and the Committee on Veterans’ Affairs of the submit to the Committee on Veterans’ Af- (3) by inserting after subsection (a) the fol- Senate; and fairs of the Senate and the Committee on lowing new subsection (b): ‘‘(2) the Committee on Appropriations and Veterans’ Affairs of the House of Representa- ‘‘(b) The conditions in subsections (h) and the Committee on Veterans’ Affairs of the tives a report on the feasibility of— (i) of section 1521 of this title shall apply to House of Representatives.’’.

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(2) CLERICAL AMENDMENT.—The table of ‘‘(1) the Committee on Appropriations and priate committees of Congress the estimates sections at the beginning of such chapter is the Committee on Veterans’ Affairs of the described in paragraph (1). amended by inserting after the item related Senate; and ‘‘(3) The dates described in this paragraph to section 2302 the following new item: ‘‘(2) the Committee on Appropriations and are the following: ‘‘2302A. Funeral expenses: supplemental ben- the Committee on Veterans’ Affairs of the ‘‘(A) April 1 of each year. efits.’’. House of Representatives.’’. ‘‘(B) July 1 of each year. (3) AUTHORIZATION OF APPROPRIATIONS.— (2) CLERICAL AMENDMENT.—The table of ‘‘(C) September 1 of each year. There are authorized to be appropriated to sections at the beginning of such chapter is ‘‘(D) The date that is 60 days before the the Secretary of Veterans Affairs such sums amended by inserting after the item related date estimated by the Secretary on which as may be necessary to carry out the provi- to section 2307 the following new item: amounts appropriated for the purposes of sions of section 2302A of title 38, United ‘‘2307A. Death from service-connected dis- this section for a fiscal year will be ex- States Code (as added by this subsection). ability: supplemental benefits hausted. (b) DEATH FROM SERVICE-CONNECTED DIS- for burial and funeral ex- ‘‘(e) APPROPRIATE COMMITTEES OF CON- ABILITY.— penses.’’. (1) IN GENERAL.—Chapter 23 is amended by GRESS DEFINED.—In this section, the term (3) AUTHORIZATION OF APPROPRIATIONS.— inserting after section 2307 the following new ‘appropriate committees of Congress’ There are authorized to be appropriated to section: means— the Secretary of Veterans Affairs such sums ‘‘(1) the Committee on Appropriations and ‘‘§ 2307A. Death from service-connected dis- as may be necessary to carry out the provi- the Committee on Veterans’ Affairs of the ability: supplemental benefits for burial sions of section 2307A of title 38, United Senate; and and funeral expenses States Code (as added by this subsection). ‘‘(2) the Committee on Appropriations and ‘‘(a) IN GENERAL.—(1) Subject to the avail- (c) EFFECTIVE DATE.—The amendments the Committee on Veterans’ Affairs of the ability of funds specifically provided for pur- made by this section shall take effect on Oc- House of Representatives.’’. poses of this subsection in advance in an ap- tober 1, 2008, and shall apply with respect to LERICAL AMENDMENT.—The table of propriations Act, whenever the Secretary deaths occurring on or after that date. (b) C sections at the beginning of such chapter is makes a payment for the burial and funeral SEC. 702. SUPPLEMENTAL PLOT ALLOWANCES. of a veteran under section 2307(1) of this amended by inserting after the item related (a) IN GENERAL.—Chapter 23 is amended by to section 2303 the following new item: title, the Secretary is also authorized and di- inserting after section 2303 the following new rected to pay the recipient of such payment section: ‘‘2303A. Supplemental plot allowance.’’. a supplemental payment under this section for the cost of such burial and funeral. ‘‘§ 2303A. Supplemental plot allowance (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on Oc- ‘‘(2) No supplemental payment shall be ‘‘(a) IN GENERAL.—(1) Subject to the avail- made under this subsection if the Secretary ability of funds specifically provided for pur- tober 1, 2008, and shall apply with respect to has expended all funds that were specifically poses of this subsection in advance in an ap- deaths occurring on or after that date. provided for purposes of this subsection in an propriations Act, whenever the Secretary (d) AUTHORIZATION OF APPROPRIATIONS.— appropriations Act. makes a payment for the burial and funeral There are authorized to be appropriated to ‘‘(b) AMOUNT.—The amount of the supple- of a veteran under section 2303(a)(1)(A) of the Secretary of Veterans Affairs such sums mental payment required by subsection (a) this title, or for the burial of a veteran under as may be necessary to carry out the provi- for any death is $2,100 (as adjusted from time paragraph (1) or (2) of section 2303(b) of this sions of section 2303A of title 38, United to time under subsection (c)). title, the Secretary is also authorized and di- States Code (as added by subsection (a)). ‘‘(c) ADJUSTMENT.—With respect to deaths rected to pay the recipient of such payment that occur in any fiscal year after fiscal year TITLE VIII—OTHER MATTERS 2008, the supplemental payment described in a supplemental payment under this section subsection (b) shall be equal to the sum of— for the cost of such burial and funeral or bur- SEC. 801. ELIGIBILITY OF DISABLED VETERANS ‘‘(1) the supplemental payment in effect ial, as applicable. AND MEMBERS OF THE ARMED FORCES WITH SEVERE BURN INJU- under subsection (b) for the preceding fiscal ‘‘(2) No supplemental plot allowance payment shall be made under this subsection if RIES FOR AUTOMOBILES AND year (determined after application of this ADAPTIVE EQUIPMENT. subsection), plus the Secretary has expended all funds that ‘‘(2) the sum of the amount described in were specifically provided for purposes of (a) ELIGIBILITY.—Paragraph (1) of section section 2307(1) of this title and the amount this subsection in an appropriations Act. 3901 is amended— ‘‘(b) AMOUNT.—The amount of the supple- under paragraph (1), multiplied by the per- (1) in subparagraph (A)— mental payment required by subsection (a) centage by which— (A) in the matter preceding clause (i), by for any death is $445 (as adjusted from time ‘‘(A) the Consumer Price Index (all items, striking ‘‘or (iii) below’’ and inserting ‘‘(iii), to time under subsection (c)). United States city average) for the 12-month or (iv)’’; and ‘‘(c) ADJUSTMENT.—With respect to deaths period ending on the June 30 preceding the (B) by adding at the end the following new that occur in any fiscal year after fiscal year beginning of the fiscal year for which the in- clause: 2008, the supplemental payment described in crease is made, exceeds ‘‘(iv) A severe burn injury (as determined subsection (b) shall be equal to the sum of— ‘‘(B) such Consumer Price Index for the 12- pursuant to regulations prescribed by the ‘‘(1) the supplemental payment in effect month period preceding the 12-month period Secretary).’’; and under subsection (b) for the preceding fiscal described in subparagraph (A). (2) in subparagraph (B), by striking ‘‘or year (determined after application of this ‘‘(d) ESTIMATES.—(1) From time to time, (iii)’’ and inserting ‘‘(iii), or (iv)’’. subsection), plus the Secretary shall make an estimate of— (b) STYLISTIC AMENDMENTS.—Such section ‘‘(2) the sum of the amount described in ‘‘(A) the amount of funding that would be is further amended— section 2303(a)(1)(A) of this title and the necessary to provide supplemental payments (1) in the matter preceding paragraph (1), amount under paragraph (1), multiplied by under this section to all eligible recipients by striking ‘‘chapter—’’ and inserting ‘‘chap- the percentage by which— for the remainder of the fiscal year in which ter:’’; ‘‘(A) the Consumer Price Index (all items, such an estimate is made; and (2) in paragraph (1)— United States city average) for the 12-month ‘‘(B) the amount that Congress would need (A) in the matter preceding subparagraph period ending on the June 30 preceding the to appropriate to provide all eligible recipi- (A), by striking ‘‘means—’’ and inserting beginning of the fiscal year for which the in- ents with supplemental payments under this ‘‘means the following:’’; crease is made, exceeds section in the next fiscal year. (B) in subparagraph (A)— ‘‘(B) such Consumer Price Index for the 12- ‘‘(2) On the dates described in paragraph (i) in the matter preceding clause (i), by month period preceding the 12-month period (3), the Secretary shall submit to the appro- striking ‘‘any veteran’’ and inserting ‘‘Any described in subparagraph (A). priate committees of Congress the estimates veteran’’; ‘‘(d) ESTIMATES.—(1) From time to time, described in paragraph (1). (ii) in clauses (i) and (ii), by striking the the Secretary shall make an estimate of— ‘‘(3) The dates described in this paragraph semicolon at the end and inserting a period; ‘‘(A) the amount of funding that would be are the following: and necessary to provide supplemental plot al- ‘‘(A) April 1 of each year. (iii) in clause (iii), by striking ‘‘or’’ and in- lowance payments under this section to all ‘‘(B) July 1 of each year. serting a period; and eligible recipients for the remainder of the ‘‘(C) September 1 of each year. (C) in subparagraph (B), by striking ‘‘any fiscal year in which such an estimate is ‘‘(D) The date that is 60 days before the member’’ and inserting ‘‘Any member’’. date estimated by the Secretary on which made; and amounts appropriated for the purposes of ‘‘(B) the amount that Congress would need SEC. 802. SUPPLEMENTAL ASSISTANCE FOR PRO- this section for a fiscal year will be ex- to appropriate to provide all eligible recipi- VIDING AUTOMOBILES OR OTHER hausted. ents with supplemental plot allowance pay- CONVEYANCES TO CERTAIN DIS- ABLED VETERANS. ‘‘(e) APPROPRIATE COMMITTEES OF CON- ments under this section in the next fiscal GRESS DEFINED.—In this section, the term year. (a) IN GENERAL.—Chapter 39 is amended by ‘appropriate committees of Congress’ ‘‘(2) On the dates described in paragraph inserting after section 3902 the following new means— (3), the Secretary shall submit to the appro- section:

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‘‘§ 3902A. Supplemental assistance for pro- (c) AUTHORIZATION OF APPROPRIATIONS.— the Medical Follow-Up Agency from the Air viding automobiles or other conveyances There are authorized to be appropriated to Force Health Study are maintained, man- the Secretary of Veterans Affairs such sums ‘‘(a) IN GENERAL.—(1) Subject to the avail- aged, and made available as a resource for as may be necessary to carry out the provi- ability of funds specifically provided for pur- future research for the benefit of veterans sions of section 3902A of title 38, United and their families, and for other humani- poses of this subsection in advance in an ap- States Code (as added by subsection (a)). propriations Act, whenever the Secretary (d) EFFECTIVE DATE.—The amendments tarian purposes. makes a payment for the purchase of an made by this section shall take effect on Oc- (b) ASSETS FROM AIR FORCE HEALTH automobile or other conveyance for an eligi- tober 1, 2008, and shall apply with respect to STUDY.—For purposes of this section, the as- ble person under section 3902 of this title, the payments made in accordance with section sets transferred to the Medical Follow-Up Secretary is also authorized and directed to 3902 of title 38, United States Code, on or Agency from the Air Force Health Study are pay the recipient of such payment a supple- after that date. the assets of the Air Force Health Study mental payment under this section for the SEC. 803. CLARIFICATION OF PURPOSE OF THE cost of such purchase. OUTREACH SERVICES PROGRAM OF transferred to the Medical Follow-Up Agency ‘‘(2) No supplemental payment shall be THE DEPARTMENT OF VETERANS under section 714 of the John Warner Na- made under this subsection if the Secretary AFFAIRS. tional Defense Authorization Act for Fiscal has expended all funds that were specifically (a) CLARIFICATION OF INCLUSION OF MEM- Year 2007 (Public Law 109–364; 120 Stat. 2290), BERS OF THE NATIONAL GUARD AND RESERVE provided for purposes of this subsection in an including electronic data files and biological appropriations Act. IN PROGRAM.—Subsection (a)(1) of section specimens on all participants in the study ‘‘(b) AMOUNT OF SUPPLEMENTAL PAYMENT.— 6301 is amended by inserting ‘‘, or from the Supplemental payment required by sub- National Guard or Reserve,’’ after ‘‘active (including control subjects). section (a) is equal to the excess of— military, naval, or air service’’. (c) MAINTENANCE AND MANAGEMENT OF (b) DEFINITION OF OUTREACH.—Subsection ‘‘(1) the payment which would be deter- TRANSFERRED ASSETS.—The Medical Follow- mined under section 3902 of this title if the (b) of such section is amended— (1) by redesignating paragraphs (1) and (2) Up Agency shall maintain and manage the amount described in section 3902 of this title assets transferred to the Agency from the were increased to the adjusted amount de- as paragraphs (2) and (3), respectively; and Air Force Health Study. scribed in subsection (c), over (2) by inserting before paragraph (2) the ‘‘(2) the payment determined under section following new paragraph (1): (d) ADDITIONAL NEAR-TERM RESEARCH.— 3902 of this title without regard to this sec- ‘‘(1) the term ‘outreach’ means the act or (1) IN GENERAL.—The Medical Follow-Up tion. process of reaching out in a systematic man- Agency may, during the period beginning on ‘‘(c) ADJUSTED AMOUNT.—The adjusted ner to proactively provide information, serv- October 1, 2008, and ending on September 30, amount is $22,484 (as adjusted from time to ices, and benefits counseling to veterans, and 2012, conduct such additional research on the time under subsection (d)). to the spouses, children, and parents of vet- assets transferred to the Agency from the ‘‘(d) ADJUSTMENT.—(1) Effective on October erans who may be eligible to receive benefits Air Force Health Study as the Agency con- 1 of each year (beginning in 2008), the Sec- under the laws administered by the Sec- siders appropriate toward the goal of under- retary shall increase the adjusted amount retary, to ensure that such individuals are standing the determinants of health, and described in subsection (c) to an amount fully informed about, and assisted in apply- promoting wellness, in veterans. ing for, any benefits and programs under equal to 80 percent of the average retail cost (2) RESEARCH.—In carrying out research such laws;’’. of new automobiles for the preceding cal- authorized by this subsection, the Medical endar year. SEC. 804. TERMINATION OR SUSPENSION OF CON- Follow-Up Agency may, utilizing amounts ‘‘(2) The Secretary shall establish the TRACTS FOR CELLULAR TELEPHONE SERVICE FOR SERVICEMEMBERS available under subsection (f)(1)(B), make method for determining the average retail UNDERGOING DEPLOYMENT OUT- grants for such pilot studies for or in connec- cost of new automobiles for purposes of this SIDE THE UNITED STATES. tion with such research as the Agency con- subsection. The Secretary may use data de- (a) IN GENERAL.—Title III of the siders appropriate. veloped in the private sector if the Secretary Servicemembers Civil Relief Act (50 U.S.C. (e) ADDITIONAL MEDIUM-TERM RESEARCH.— determines the data is appropriate for pur- App. 531 et seq.) is amended by inserting (1) REPORT.—Not later than March 31, 2012, poses of this subsection. after section 305 the following new section: ‘‘(e) ESTIMATES.—(1) From time to time, the Medical Follow-Up Agency shall submit ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF to Congress a report assessing the feasability the Secretary shall make an estimate of— CONTRACTS FOR CELLULAR TELE- ‘‘(A) the amount of funding that would be PHONE SERVICE. and advisability of conducting additional re- necessary to provide supplemental payment ‘‘(a) IN GENERAL.—A servicemember who search on the assets transferred to the Agen- under this section for every eligible person receives orders to deploy outside of the con- cy from the Air Force Health Study after for the remainder of the fiscal year in which tinental United States for not less than 90 September 30, 2012. such an estimate is made; and days may request the termination or suspen- (2) DISPOSITION OF ASSETS.—If the report ‘‘(B) the amount that Congress would need sion of any contract for cellular telephone required by paragraph (1) includes an assess- to appropriate to provide every eligible per- service entered into by the servicemember ment that the research described in that son with supplemental payment under this before that date if the servicemember’s abil- paragraph would be feasible and advisable, section in the next fiscal year. ity to satisfy the contract or to utilize the the Agency shall, utilizing amounts avail- ‘‘(2) On the dates described in paragraph service will be materially affected by that able under subsection (f)(2), make any dis- (3), the Secretary shall submit to the appro- period of deployment. The request shall in- position of the assets transferred to the priate committees of Congress the estimates clude a copy of the servicemember’s military Agency from the Air Force Health Study as described in paragraph (1). orders. the Agency considers appropriate in prepara- ‘‘(3) The dates described in this paragraph ‘‘(b) RELIEF.—Upon receiving the request of tion for such research. are the following: a servicemember under subsection (a), the cellular telephone service contractor con- (f) FUNDING.— ‘‘(A) April 1 of each year. cerned shall, at the election of the con- (1) IN GENERAL.—From amounts available ‘‘(B) July 1 of each year. tractor— for each of fiscal years 2009 through 2012 for ‘‘(C) September 1 of each year. ‘‘(1) grant the requested relief without im- the Department of Veterans Affairs for Med- ‘‘(D) The date that is 60 days before the position of an early termination fee for ter- ical and Prosthetic Research, amounts shall date estimated by the Secretary on which mination of the contract or a reactivation be available as follows: amounts appropriated for the purposes of fee for suspension of the contract; or (A) $1,200,000 shall be available in each this section for a fiscal year will be ex- ‘‘(2) permit the servicemember to suspend such fiscal year for maintenance, manage- hausted. the contract at no charge until the end of ment, and operation (including maintenance ‘‘(f) APPROPRIATE COMMITTEES OF CONGRESS the deployment without requiring, whether of biological specimens) of the assets trans- DEFINED.—In this section, the term ‘appro- as a condition of suspension or otherwise, ferred to the Medical Follow-Up Agency priate committees of Congress’ means— that the contract be extended.’’. from the Air Force Health Study. ‘‘(1) the Committee on Appropriations and (b) CLERICAL AMENDMENT.—The table of (B) $250,000 shall be available in each such the Committee on Veterans’ Affairs of the contents for that Act is amended by insert- fiscal year for the conduct of additional re- Senate; and ing after the item relating to section 305 the search authorized by subsection (d), includ- ‘‘(2) the Committee on Appropriations and following new item: ing the funding of pilot studies authorized by the Committee on Veterans’ Affairs of the ‘‘Sec. 305A. Termination or suspension of paragraph (2) of that subsection. House of Representatives.’’. contracts for cellular telephone (2) MEDIUM-TERM RESEARCH.—From (b) CLERICAL AMENDMENT.—The table of service.’’. amounts available for fiscal year 2012 for the sections at the beginning of such chapter is Department of Veterans Affairs for Medical amended by inserting after the item related SEC. 805. MAINTENANCE, MANAGEMENT, AND AVAILABILITY FOR RESEARCH OF and Prosthetic Research, $200,000 shall be to section 3902 the following new item: ASSETS OF AIR FORCE HEALTH available for the preparation of the report ‘‘3902A. Supplemental assistance for pro- STUDY. required by subsection (e)(1) and for the dis- viding automobiles or other (a) PURPOSE.—The purpose of this section position, if any, of assets authorized by sub- conveyances.’’. is to ensure that the assets transferred to section (e)(2).

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3363 SEC. 806. NATIONAL ACADEMIES STUDY ON RISK (2) The term ‘‘Persian Gulf War’’ has the Mr. KENNEDY. Mr. President, I ask OF DEVELOPING MULTIPLE SCLE- meaning given that term in section 101(33) of unanimous consent that the previous ROSIS AS A RESULT OF CERTAIN title 38, United States Code. order with respect to H.R. 493 be modi- SERVICE IN THE PERSIAN GULF WAR (3) The term ‘‘Post 9/11 Global Operations AND POST 9/11 GLOBAL OPERATIONS fied to provide that following disposi- theaters’’ means Afghanistan, Iraq, or any THEATERS. tion of S. 1315, the time until 2:15 p.m. (a) IN GENERAL.—The Secretary of Vet- other theater in which the Global War on Terrorism Expeditionary Medal is awarded be equally divided and controlled, as erans Affairs shall enter into a contract with previously ordered, and the Senate pro- the Institute of Medicine of the National for service. Academies to conduct a comprehensive epi- SEC. 807. COMPTROLLER GENERAL REPORT ON ceed to vote on passage of H.R. 493, demiological study for purposes of identi- ADEQUACY OF DEPENDENCY AND with the remaining provisions of the fying any increased risk of developing mul- INDEMNITY COMPENSATION TO previous order remaining in effect. MAINTAIN SURVIVORS OF VETERANS The PRESIDING OFFICER. Without tiple sclerosis as a result of service in the WHO DIE FROM SERVICE-CON- Armed Forces during the Persian Gulf War NECTED DISABILITIES. objection, it is so ordered. in the Southwest Asia theater of operations (a) REPORT REQUIRED.—Not later than 10 Mr. KENNEDY. Mr. President, for or in the Post 9/11 Global Operations thea- months after the date of the enactment of the information of our membership, we ters. this Act, the Comptroller General of the will be having a rollcall vote, then, at (b) ELEMENTS.—In conducting the study re- United States shall submit to the Commit- 2:15 p.m., and the time, now, will be di- quired under subsection (a), the Institute of tees on Veterans’ Affairs and Appropriations vided between Senator ENZI and myself Medicine shall do the following: of the Senate and the Committees on Vet- on the issue of the genetic non- (1) Determine whether service in the erans’ Affairs and Appropriations of the Armed Forces during the Persian Gulf War discrimination legislation. House of Representatives a report on the Mr. President, I yield myself such in the Southwest Asia theater of operations, adequacy of dependency and indemnity com- or in the Post 9/11 Global Operations thea- time as I might use. pensation payable under chapter 13 of title The PRESIDING OFFICER. Without ters, increased the risk of developing mul- 38, United States Code, to surviving spouses tiple sclerosis. and dependents of veterans who die as a re- objection, it is so ordered. (2) Identify the incidence and prevalence of sult of a service-connected disability in re- Mr. KENNEDY. Mr. President, today, diagnosed neurological diseases, including placing the deceased veteran’s income. the Senate is considering the first multiple sclerosis, Parkinson’s disease, (b) ELEMENTS.—The report required by sub- major new civil rights bill of the new amyotrophic lateral sclerosis, and brain can- section (a) shall include— century. Five years ago this week, we cers, as well as central nervous system ab- (1) a description of the current system for celebrated a milestone that once normalities that are difficult to precisely di- the payment of dependency and indemnity seemed unimaginable: the completion agnose, in each group as follows: compensation to surviving spouses and de- (A) Members of the Armed Forces who of the Human Genome Project, which pendents described in subsection (a), includ- sequenced and mapped all the genes in served during the Persian Gulf War in the ing a statement of the rates of such com- Southwest Asia theater of operations. pensation so payable; the human body. This Friday is DNA (B) Members of the Armed Forces who (2) an assessment of the adequacy of such Day, when we pay tribute to this amaz- served in the Post 9/11 Global Operations the- payments in replacing the deceased veteran’s ing accomplishment, which was the aters. income; and dawn of a new era in the life sciences. (C) A non-deployed comparison group for (3) such recommendations as the Comp- Mapping the human genome has pro- those who served in the Persian Gulf War in troller General considers appropriate in vided extraordinary insights for mod- the Southwest Asia theater of operations order to improve or enhance the effects of and the Post 9/11 Global Operations theaters. ern medicine, and it has opened the such payments in replacing the deceased vet- door to immense new opportunities to (3) Compare the incidence and prevalence eran’s income. prevent, diagnosis, treat, and cure dis- of the named diagnosed neurological diseases The PRESIDING OFFICER. Under ease. Its discovery may well affect the and undiagnosed central nervous system ab- the previous order, the title amend- normalities among veterans who served dur- 21st century as profoundly as the in- ment is agreed to. ing the Persian Gulf War in the Southwest vention of the computer or the split- The title was amended so as to read: Asia theater of operations, or in the Post 9/ ting of the atom affected the 20th cen- 11 Global Operations theaters, in various lo- ‘‘To amend title 38, United States Code, to tury. cations during such periods, as determined enhance veterans’ insurance and housing But with this invaluable new infor- by the Institute of Medicine. benefits, to improve benefits and services for (4) Collect information on risk factors, transitioning servicemembers, and for other mation comes a tremendous responsi- such as pesticide and other toxic exposures, purposes.’’. bility. A person’s unique genetic code contains the most personal aspects of to which veterans were exposed while serving The PRESIDING OFFICER. Under their identity. As we begin to decipher during the Persian Gulf War in the South- the previous order, the motion to re- west Asia theater of operations or the Post 9/ this information, Americans have le- consider is considered made and laid 11 Global Operations theaters, or thereafter. gitimate fears about how this deeply upon the table. (c) REPORTS.— private information will be used. Sur- Mr. REID. I suggest the absence of a (1) INTERIM REPORT.—The contract required veys show that people are already de- quorum. by subsection (a) shall require the Institute clining to take medically valuable of Medicine to submit to the Secretary, and The PRESIDING OFFICER. The tests out of fear that they will face dis- to appropriate committees of Congress, in- clerk will call the roll. crimination or invasion of their per- terim progress reports on the study required The assistant legislative clerk pro- sonal privacy. These fears are not un- under subsection (a). Such reports shall not ceeded to call the roll. be required to include a description of in- warranted. As Francis Collins, the Mr. KENNEDY. Mr. President, I ask terim results on the work under the study. leader of the NIH project to sequence unanimous consent that the order for (2) FINAL REPORT.—The contract shall re- the human genome, has said: the quorum call be rescinded. quire the Institute of Medicine to submit to Genetic information and genetic tech- the Secretary, and to appropriate commit- The PRESIDING OFFICER. Without nology can be used in ways that are fun- tees of Congress, a final report on the study objection, it is so ordered. damentally unjust. Already, people have lost by not later than December 31, 2011. The f their jobs, lost their health insurance, and final report shall include such recommenda- lost their economic well-being because of the tions for legislative or administrative action GENETIC INFORMATION misuse of genetic information. as the Institute considers appropriate in NONDISCRIMINATION ACT OF 2007 light of the results of the study. The remarkable medical advances of The PRESIDING OFFICER. Under (d) FUNDING.—The Secretary shall provide the genetic age will be valuable only if the Institute of Medicine with such funds as the previous order, the Senate will pro- people are not afraid to take advantage are necessary to ensure the timely comple- ceed to the consideration of H.R. 493, of them. The promise of this new tion of the study required under subsection which the clerk will report by title. science will be in jeopardy if our laws (a). The assistant legislative clerk read fail to contain adequate protections (e) DEFINITIONS.—In this section: as follows: against abuse and misuse of genetic in- (1) The term ‘‘appropriate committees of A bill (H.R. 493) to prohibit discrimination Congress’’ means— formation. on the basis of genetic information with re- (A) the Committee on Veterans’ Affairs of The bipartisan bill now before the spect to health insurance and employment. the Senate; and Senate takes a substantial step to pre- (B) the Committee on Veterans’ Affairs of The PRESIDING OFFICER. The Sen- serve the value of new genetic tech- the House of Representatives. ator from Massachusetts. nology and to protect the basic rights

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3364 CONGRESSIONAL RECORD — SENATE April 24, 2008 of every American. The Genetic Infor- reluctance of patients to receive the We know there are numerous barriers mation Nondiscrimination Act recog- benefit of this new science and the fear to new discoveries that Congress can nizes that discrimination based on a that is already keeping patients from do little about: the complexities of dis- person’s genetic identity is just as un- volunteering for this research. ease, the uncertainties of science, and acceptable as discrimination on the Even the crown jewel of our Federal the rarity of true inspiration. But this basis of race or religion. No American research enterprise, the National Insti- is one major problem which is entirely should be denied health insurance or be tutes of Health, has been affected by within our power to solve. We can fired from a job because of genetic test- this fear. The threat of genetic dis- make a difference, and we can do it ing. crimination is so real that it is even today. With effective protections The bill before us provides com- listed on the informed consent docu- against the misuse of genetic informa- prehensive protections. It prohibits ment that the NIH provides to patients tion, this amazing new technology can health insurers from using a patient’s considering enrolling in the clinical realize its potential and bring better genetic information to deny health in- trials of the new genetic medicines. health care to all people throughout surance coverage or raise premiums. It This is what the chart says: our world. I hope all of our colleagues bars employers from using genetic in- We will not release any information about will join in advancing the potential of formation to make employment-re- you or your family to your insurance com- genetic research by supporting the Ge- lated decisions. It prohibits insurers pany or employer without your permission. netic Information Nondiscrimination and employers from seeking genetic in- However, instances are known in which genetic information has been obtained through Act. formation or requiring individuals to legal means by third parties. This may affect I want to show on the chart all of the take genetic tests. It bars disclosure of you or your family’s ability to get health in- different groups that are supporting genetic information by insurers or em- surance and/or a job. this legislation. It gives us a very clear ployers, and it contains effective rem- Can you imagine individuals going idea of the overwhelming support of edies so that anyone who has suffered out to the NIH and saying: I will volun- the medical profession. Family physi- genetic discrimination can obtain re- teer in order to be a part of a research cians, pediatricians, the American Can- lief. By granting these protections, the program, only to find out that their ge- cer Society, the American Diabetes As- bill gives the American people the op- netic information could be leaked? sociation, the American Heart Associa- portunity to reap the rewards of im- What happens if it is leaked? The in- tion—virtually the whole health com- proved health care through genetics surance companies will say: Look, this munity strongly supports this bill. The without fear of unjust use of their per- individual has a better chance of get- National Partnership For Women and sonal genetic makeup. ting breast cancer, diabetes, bipolar Families and other women’s groups and This bill has been the product of a disorder, or a whole series of different civil rights groups are supportive, as decade of dedicated effort by Members types of cancer, so why are we going to are the many specialized medical on both sides of the aisle. My sincere go ahead and insure that individual? Or groups that know about genetic dis- thanks go to Senator SNOWE and Sen- if we are going to insure him, we are eases. ator ENZI for helping to lead this bipar- going to charge a good deal more. Genetic discrimination issues are tisan effort with me, and to Senator Some of this genetic information is often tied to national origin. We have REID, our majority leader, and the Sen- valuable to know for medical history. the Tay-Sachs disease that affects ate leadership, for their commitment For example, if mothers have certain many members of the Jewish commu- to moving this bill forward. Thanks to types of genetic markers, the daugh- nity; sickle cell anemia, which affects Senator GREGG and Senator DODD and ters might want to find out whether many African Americans; Cooley’s dis- Senator HARKIN, who also made impor- they have the same kind of proclivity. ease, which affects many of those who tant contributions through their lead- Yet if they go out and have the test so come from Mediterranean countries, ership and expertise. I commend our that they know whether to start think- and a host of others. These are genetic House colleagues—Speaker PELOSI, ing about treating that particular diseases. That is why a number of the Representative SLAUGHTER, Represent- health challenge, they know they will different groups are so concerned about ative BIGGERT, Chairman MILLER, be discriminated against. They won’t this, because they have seen the dis- Chairman RANGEL, and Chairman DIN- be able to get a job because an em- crimination. GELL—for their strong support, and ployer will say: Why should I hire that I will just give ease to our colleagues. also our former colleague, Senator person when they may very well de- This chart shows when we have consid- Daschle, who was a leader in his term velop breast cancer, and why should I ered the legislation at other times. We here in the Senate. It is a remarkable hire that person because if they de- considered it in 2003—the Senate did— achievement to get this bill to the velop breast cancer, then it will cost and in 2005, and look at the over- President’s desk. The administration my company a good deal more to pay whelming votes, Republicans and cooperated with us throughout the for that individual’s health insurance. Democrats, even in the House in 2007. process, and we are grateful for its sup- That is the reality today. That is hap- But we haven’t been able to get the port on this important legislation. pening today. House and Senate together at the same We stand today on the threshold of a There has been an explosion of time. So this has been going on since major new breakthrough in medical progress in terms of genetic research. 2003, and we are in 2008. We have the technology. With personalized medi- New opportunities for personalized opportunity with this legislation to get cine that genetic science makes pos- medicine are opening, which is really the job done, and the President has in- sible, patients can receive therapy pre- going to be the pathway in the future. dicated he is going to sign it so we can cisely tailored to their own genetic With personalized medicine, patients achieve this extremely important un- makeup with reduced side effects and will no longer have to receive treat- dertaking. greater potency. But the effectiveness ments that work for the average per- Let me just review some of the other of these new technologies is undercut son—but may not work for them. In- statements about why this is so impor- by people’s legitimate fears and the stead, they will receive therapies pre- tant. We remarked here just a few mo- lack of strong protections. cisely tailored to their own genetic ments ago about the dangers that are Just this week, doctors announced makeup, with reduced side effects and out there in terms of people being con- important findings on the genetic fac- far greater potency. cerned about the violation of their pri- tors that may contribute to Parkin- Individualized medicine is the way of vacy based on genetic information. Is son’s disease. There are new discoveries the future. With that, there is going to this really a problem? This is a chart in genetic variations that may confer a be a great deal more information about which shows that 72 percent of Ameri- reduced risk of heart failure and new an individual’s health, but also the at- cans think laws are needed to protect insights into the genetic switches that tendant challenge and problem that genetic privacy. The American people may one day control cancer. But one this information could be used to ad- are really way ahead of us in the Con- great barrier stands in the way of these versely impact that individual. That is gress on this issue. They understand extraordinary advances that are pos- what we want to avoid, and that is that their genetic privacy is enor- sible in this new field of discovery: the what we want to protect against. mously important. They have an inner

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3365 sense, which is well-founded, that their growing virtually every day. We are of times they learn nothing. That is genetic privacy can be abused. We have eventually going to be getting health not fair. This will assure that doesn’t 72 percent of Americans who think we care systems that will say: If you have happen. need laws. these kinds of diseases, we have the Another thing that happens is some- This chart shows that Americans particular targeted kind of personal- times there is a little clause—usually want their genetic information kept ized medicine to help you either re- there is a clause—which says if it is a private. Ninety-two percent of Ameri- cover or to protect you in terms of the preexisting condition, the insurance cans think their employer should not future. That is going to happen, Mr. company doesn’t have to cover it. Well, have access to their genetic informa- President. It is going to happen sooner this keeps that information of what tion for the reasons I have outlined. If rather than later. could possibly happen to you from be- you don’t have these protections and This gives you an idea of how rapidly coming a preexisting condition until it employers are able to find out that cer- this kind of research is moving along actually happens. That gives the indi- tain individuals they are employing and how this kind of research, in the vidual the chance to do something have a greater proclivity to develop hands of top-rated physicians and re- about it first. If it doesn’t happen, it disease, there is a very good chance searchers who know how to treat these isn’t a preexisting condition. That is they will discriminate against those in- illnesses and sicknesses, will make a what this bill will do. dividuals. That has been the case. difference in terms of improving the Now, another bill we need to be Eighty percent of Americans think quality of health care on the one hand. working on, of course, that I cover in their health insurer should not have It is so dramatic, as is the danger of my 10 steps, is health information access to their genetic information. abuse by unscrupulous employers or technology. That fits with this genome The reason for that is a very sound rea- health insurance companies on the project. I have asked many times: How son, which is they believe if the insurer other hand. That is what this legisla- many of you have your medical records has that kind of information, the cost tion is really all about. That is why with you? You know, I have yet to have for the health insurance, which is ex- this is so important and why it has anybody say they do. With the tech- traordinarily high today, will go up strong bipartisan support. nology we have in this country, every- even further. So the American people In many respects, this is going to be body ought to be able to have all their are way ahead of the Congress in get- one of the most important pieces of health care and their genome on a card ting this. With this, Mr. President, we health legislation we pass in this Con- such as this, that they can carry with will be meeting their particular needs. gress. We have other very important them everywhere. I want to show this chart. Francis health proposals, but this will make an If the health IT bill passed, you could Collins, for many of us in this body— enormous difference in terms of the be on vacation from Wyoming out here and I think for the health commu- march for progress for good health in DC, and if something happened, that nity—is one of the great giants in care. We look forward to a strong vote. card would be readable out here. So a health research. He is the person who I yield the floor. doctor here could know everything he has been at the heart and soul of the Mr. ENZI. Mr. President, this is an needs to know to fix you as well as pos- research on the Human Genome exciting day. We are going to make a sible. That is a step we have to have in Project and in understanding the power difference in health care for this coun- health care. We are very close to get- of genes. He has made an absolutely ex- try—not sick care; health care—and ting it. traordinary contribution in terms of this will unlock a door that will allow The old privacy issue crops up every science and public policy. He is a tire- people to get the kind of genetic test- once in a while. It isn’t a matter of pri- less advocate and a wonderful asset for ing where they can tell if something vacy. Your privacy needs to be pro- all of us here in the Senate, on both down the road might happen to them tected and it is protected. There is al- sides of the aisle, in strong support for and prevent it, or at least weaken the ways a problem of data security. Right this legislation. effect of it. now, records are in hospital files and in As he points out: As time goes on, we will find more doctors’ offices, and hundreds of people Discrimination in health insurance, and causes that will relate back to the ge- can come through there. Yes, the the fear of potential discrimination, threat- nome and people will be able to imme- records are kind of protected, but peo- en both society’s ability to use new genetic diately check if that new problem ple can look at them, and you would technologies to improve human health and could relate to them and they can solve never know. If it is in health informa- the ability to conduct the very research we it before it happens to them. That is tion technology and somebody gets to need to understand, treat, and prevent ge- health care. That gets us away from look at it, you will know. In order to netic disease. sick care. sell health information technology, That says it all. It talks about the I finished a tour in Wyoming. I called companies need to be working on a danger, in terms of discrimination, and it the 10 stops for 10 steps of health daily basis to make sure that informa- also about the ability to do the re- care. I collected ideas from across this tion is secured. They are out of busi- search. You could be discriminated body on ways we could solve health ness if it is not. against in terms of your job or in care problems in America. It is 10 So that is not a problem, and that is terms of the increased costs in your steps. They can be done separately. If a bill we need to put through in a proc- health insurance, or if you were in- they are done separately, each step will ess such as this. I think there is near volved in research, volunteering for re- get us closer to lower costs and better unanimous agreement on both sides of search—the dangers that this kind of access. If all of them are done, we will the aisle that needs to be passed, and information would be out there and have every American insured. we ought to have the hour or hour and could be used against you. We need to get into prevention, par- a half or 2 hours of debate on that and Mr. President, I remember—and it ticularly of chronic illnesses, and this get that one done. Then people truly wasn’t that long ago—when we listened bill will do it. Right now, people are could have their information on a card to Dr. Collins. He was talking about afraid to get their blood tested. Some- they carry with them all the time. the progress made in genetic research. times they are forced to have their They could even add their own com- They were talking about markers at blood tested. Insurance companies ments and the things they learn about that time. I think some of the earliest sometimes want a blood test. That themselves on their card. progress was made in terms of devel- blood test will tell far more than it There is a better reason for passing it oping information about breast cancer ever did in the history of the world, than that, though, and that is there are and who had the proclivity to develop and that can have some dire con- a lot of duplication tests these days. breast cancer. That was truly remark- sequences, except for this bill. This bill You go to one provider and he says: I able. Since that time—and it has only will protect people. This bill, first of have to do that test. It is an expensive been a few years—we have seen that ex- all, ensures that if an insurance com- test. He says: Because of this test, I pand to prostate cancer, diabetes, bipo- pany takes that test and they find out need to send you to a specialist, and lar, Alzheimer’s, schizophrenia, and anything, the person whose blood it the specialist says: It is going to take Parkinson’s. Think of that. That list is was gets to find out everything. A lot so long to get that record over here, we

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That would be an- I especially recognize the efforts of ate to vote on this legislation. other step. It is just as close as this ge- my HELP Committee staff director, Senator ENZI has been absolutely netic nondiscrimination has been for a Ilyse Schuman. The first job she had crucial, as well, to our success. He is long time. when she came to work for me 6 years the former chairman of the HELP Com- Of course, one of the rules around ago was to work on this bill. I said it mittee and is now the ranking member. here is the first 90 percent of a bill often takes 6 years to get an idea He helped to obtain an array of support takes 90 percent of the time, and the through the Senate. I never believed from so many Americans across this other 10 percent takes 90 percent too. that until I figured out that she has country, as well as organizations that That is where we have been on this. been working on it 6 years. It should include health providers, businesses, But we have finally bridged the last not take us that long to get some of and health plans, which are central to hurdle. We have gotten understanding these ideas to stick. providing a strong coalition for sup- among all the people in this body—no I also thank Andrew Patzman, who is port. small task—so everybody has been my former health insurance staffer, Similarly, Senator GREGG, former speaking favorably on this bill and who also played a major role in the de- HELP Committee chairman in 2003, has with good reason. It has been a long velopment and forward progress of this worked to further the cause of defend- time coming. bill. ing Americans from genetic discrimi- I should mention that is another I thank Shana Christrup, Keith nation as well. thing we kind of do that is a little un- Flanagan, Brian Hayes, and Kyle Hicks Together, these colleagues—and usual. We preconferenced with the of my staff for their hard work on this more—helped the Senate on two sepa- other side. We have already talked to bill. In addition, I wish to thank some rate occasions to overwhelmingly pass this legislation, in both 2003 and 2005. It the people over there who will manage of Senator KENNEDY’s staff: Michael any debate on that side, and this bill is Myers, David Bowen, Lauren McGarity, has been a long effort to realize this going to pass the House the same way and Portia Wu; also Stephanie Carlton fruition today. It was a dozen years ago when I first it is passing the Senate. We have al- of Senator COBURN’s staff, who was ab- introduced this legislation to protect ready checked with the White House, solutely essential; Bill Pewen of Sen- individuals from discrimination in and it is going to be signed. So I wish ator SNOWE’s staff; Meg Hauck of Lead- health insurance based on genetic in- to congratulate the chairman of the er MCCONNELL’s staff; Jen Romans of formation. At that time, there were committee for the way he has been Senator KYL’s staff, and Jay Khosla several of us who recognized the tre- working on this bill. This is the way and David Fisher of Senator GREGG’s mendous threat posed by this practice, bills are supposed to be done, in my staff, for their hard work. including those I have mentioned and opinion. We get to come in and take the cred- former Senate majority leader, Sen- We have worked together on a lot of it. They work on these for hours, days, ator Frist, and former minority leader, bills, and the ones that go through even through weekends sometimes. Senator Daschle, who at the time cer- committee and we work out these de- I also thank Kim Monk, formerly of tainly foresaw that the misuse of ge- tails, wind up going through here in a Senator GREGG’s staff, and David netic information would create a new hurry. We have learned something from Thompson, formerly of Senator form of discrimination. being in a hurry. Previously, a lot of GREGG’s and my own staff; and lastly Yesterday, we attended the unveiling bills that have gone through here, we special thanks to Bill Baird of the Sen- of the portrait of Senator Daschle. One have let them go by unanimous voice ate’s Office of Legislative Counsel, and of his former staffers indicated that it vote. We didn’t have the benefit of hav- Pete Goodloe, formerly of the House is appropriate that the time of that un- ing that opportunity to explain this, Office of Legislative Counsel and now veiling coincides with this legislation consequently we haven’t gotten much with Chairman DINGELL’s staff, because pending before the Senate. It was so publicity. If the publicity doesn’t go their extraordinary legal drafting and important to him. out on it, the people don’t know about problem-solving skills and their years Today, I am certain many colleagues, it. We are not interested in publicity of hard work helped to make this bill past and present, are delighted that we for the publicity, but we are interested possible. are in a position today to pass this leg- in people knowing what this bill does I thank everybody for their work on islation. We are on the brink of fore- that will help them and that will en- this. stalling this discrimination before it courage them to use the genome. That The PRESIDING OFFICER. The Sen- becomes firmly entrenched. is why we need this. ator from Maine is recognized. It is also important, as Senator KEN- I congratulate Senator KENNEDY for Ms. SNOWE. Mr. President, I yield NEDY cited yesterday, given that this all of his work on this—kind of fol- myself such time as I may consume. Friday is National DNA Day, which lowing the 80-percent rule. He and I are It certainly has been an exception- will mark the 55th anniversary of the able to agree on 80 percent of every- ally long journey to reach this point publication of the landmark paper de- thing. Then we pick out one issue and where we are today in the Senate. We scribing the structure of DNA. Since we can usually agree on 80 percent of are at least in sight of enactment of that breakthrough, our understanding that and, more importantly, we can get this watershed legislation to prevent of genetics has expanded exponentially. the groups that are interested in that genetic discrimination. In fact, it will Over the past decade, our progress in to agree with that same part. If you open an entirely new universe of infi- understanding genetics has been mov- have groups out there that are oppos- nite possibilities for Americans for ing at a dizzying pace, particularly fol- ing something, the bill probably years to come. lowing the completion of the Human doesn’t have a lot of chance of getting I commend the majority leader for Genome Project in 2003. That knowl- through here. We covered quite a range making this legislation a high priority edge can work either for the benefit or of base between the two of us, and that for the Senate’s consideration today, harm to individuals, as we know. makes it possible to bring a lot of peo- as well as the minority leader, Senator Today, my colleagues are dedicated ple along. MCCONNELL, for his concurrence and to ensuring the meaning of the words I thank Senator KENNEDY, Senator support, and my colleague, Senator of the Hippocratic Oath to ‘‘do no GREGG, and Senator SNOWE for their ef- KENNEDY, the lead Democratic cospon- harm.’’ Today, the Senate will, for the forts to reach a bipartisan agreement sor and chairman of the HELP Com- third time, ban discrimination based on this bill. I particularly thank Sen- mittee. He has labored passionately on genetics. ator COBURN for working hard to make and tirelessly so that every American Passage of this legislation by the this historic bill better. He did some can realize the protections embodied in House of Representatives was 1 year

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Because would ruin her daughter’s ability to ob- percent of Americans believe insurers these data must be available for such tain insurance in the future. and employers should not be allowed to discrimination to take place, it is clear Bonnie’s experience certainly dem- discriminate based on genetic informa- why this legislation not only prohibits onstrated how our expanding knowl- tion. Now it is the Senate’s turn. the act of discrimination but rightly edge of genetics could truly be both We now have an agreement between respects circumstances in which one beneficial and harmful. I recognize we the Senate, the House, and the Presi- may request a genetics test or possess simply must act to prevent the latter. dent. Indeed, this bill represents a tri- an individual’s genetic information. Bonnie Lee is not the only one who umph of bipartisan collaboration and That is all the more critical today be- has had that fear, as we all learned. truth. Although there was broad agree- cause there is an ever-expanding uni- Most disturbingly, when the National ment in principle to protect individ- verse of such genetic data, information Institutes of Health offered women ge- uals from discrimination, some debated which could be utilized to improve netic testing, nearly 32 percent of those the language in our bill, taking issue health, reduce costs, and to extend who were offered a test for breast can- with whether it would affect the policy lives. But it is absolutely useless if it, cer declined to participate, citing con- that was intended. We have listened to instead, discourages individuals from cerns about health insurance discrimi- the concerns, and we worked with them either participating in vital research or nation. That is a sad commentary and responded. I thank, in particular, realizing the remarkable benefits that today when we cannot maximize the Senator COBURN for working with us in research is producing. value of scientific progress, we cannot a collaborative fashion to resolve these Just a few years ago, it was virtually apply it to those who would benefit issues and to allow the debate to pro- impossible to find genetic information most. ceed and finally vote on final enact- on which to discriminate. You might We have documented cases where ment of the legislation. be asked if you had a family history of some attempted to mandate genetic Too much is at stake to create uncer- a disorder. Today, the medical and sci- testing. Even when this is designed to tainty and ambiguity. The protections entific landscape has changed dramati- improve the delivery of health care, it we enact must be effective. Having cally, and our laws must change with must be recognized that once that in- worked closely with both House and it. We have long known about a small formation is disclosed and is unpro- Senate colleagues, the legislation is number of genes that play a role in tected, a future employer or insurer nearly identical to the legislation some diseases, such as Huntington’s may not necessarily apply that infor- passed in the House. We have addressed disease and the early onset of Alz- mation in such a benign way, as we have all learned. the remaining concerns that were heimer’s. Yet the progress of discovery Yet we have recognized that if an in- raised by many, including the adminis- and study was maddeningly slow and dividual accepts a genetic test, they tration. I think it did not change in tedious. The Human Genome Project may be able to take action as a re- any way. The fundamentals of this leg- changed all of that. sult—preventing disease or premature islation, in fact, probably acted to im- Today, with new technology, we are death in the process or also reducing prove it in some categories. We have witnessing an explosive increase in our the burden of high health care costs. clarified that entities could commu- understanding of genetics and human I recall the testimony before Con- nicate genetic information consistent health. That growing genetics knowl- gress, as Senator KENNEDY, of Dr. with the HIPAA privacy regulations, edge offers the historic potential of Francis Collins, the Director of the Na- the Health Insurance Portability Ac- cures and customized therapies. Even tional Human Genome Institute. He countability Act. We worked to ensure more promising, genetic advances will has been such an extraordinary leader that health plans may continue to uti- enable us to actually prevent the devel- in helping us realize the critical role lize the presence of actual manifested opment of diseases. But this potential genomics will play in human health diseases and issue rating coverages. and the billions spent in discovering and the arena beyond. That is the case today. We don’t genetic relationships and the develop- In speaking of the next step for those change that. ment of treatments and preventive involved in the genome project, he ex- We are at the threshold of a new era, agents will certainly be in vain if plained that the project scientists were without question. For the first time, Americans don’t choose to access these engaged in a major endeavor ‘‘to un- we act to prevent discrimination before advances. To do so, Americans must cover the connections between par- it has taken firm hold. That is why this agree to undergo genetic testing. There ticular genes and particular diseases to legislation is unique and are more than 1,100 genetic tests today. apply the knowledge they had just un- groundbreaking. In the past, Congress So that only tells you the exponential locked.’’ has acted to address discrimination, growth that will be created and occur In order to accomplish this, Dr. Col- but with this bill we are making a in the future. Would you undergo that lins said: statement and taking a stand and say- testing if you knew the information We need a vigorous research enterprise ing that we look to the future, and ge- about your genetic makeup could be with an involvement of a large number of in- netic discrimination will not be al- used against you to deny you employ- dividuals so we can draw the most precise lowed to flourish, take root, and stand ment or health coverage? connections between a particular spelling of between Americans and the vast poten- Mr. President, some say that kind of a gene and a particular outcome. tial that genetic information can pro- discrimination is but a future possi- It is undeniably evident that this ef- vide for the greater quality of life. bility, that we can afford to wait until fort cannot be successful if people are Genetic discrimination is based on genetic discrimination becomes mani- fearful of possible repercussions from the unchangeable. By its nature, the fest. But it already has done so. We their participation in genetic testing. basis on which one discriminates, with have a veritable litany of examples of The bottom line that given the ad- respect to genetics, is not readily ap- heartbreaking circumstances where in- vances in science, there are two sepa- parent. In fact, the individual discrimi- dividuals chose not to seek and utilize rate issues at hand. nating must search for information on genetic information for fear of dis- The first is to restrict discrimination which to act. So there is no question crimination. by health insurers. The second is to that it is a deliberate and willful effort. I learned this from the real-life expe- prevent employment discrimination For example, if you see the breast can- rience of one of my constituents more based simply on an individual’s genetic cer gene information on women, in than 10 years ago. Her name is Bonnie information. Some of us saw this dan- order to deny women health insurance Lee Tucker. Bonnie Lee wrote me ger and the harm it can pose to mil- or raise the cost of that coverage, the about her fear of having the BRAC test lions of Americans, and that is why

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But the science ed without their knowledge of what the demonstrated admirable understanding has certainly outpaced congressional testing was going to be used for. Ulti- of how such discrimination can harm action. As we know and as mentioned mately, it turned out it was for carpal both the individual and business, and in the Senate on two different occa- tunnel syndrome. But there was no way IBM has found that policy works. sions, we passed this legislation unani- they were required, mandated by the It has been more than 6 years since mously on the floor of the Senate. Un- employer to undergo that testing. the completion of the working draft of fortunately, we could not get it be- In this aspect, the Congress has to the human genome. Like a book which yond. So here we are today on the provide the protections to ensure that is never opened, the potential of our verge of doing it once again. This legis- these discriminatory actions do not be- expanding genetic knowledge will not lation does reflect the bipartisan bi- come widespread. On this aspect, the be realized unless individuals can take cameral efforts we are entering into: a Congress has substantial employment advantage of it without adverse con- new era of human health, that we have case law and legislative history on sequences. engaged in this process mightily over which to build. Indeed, as we consider The pending legislation is a shining the last 16 months to forge an even the remarkable growth in genomics example of what we can accomplish stronger consensus on the fundamental and the harm which could result with when we set aside our partisan dif- agreements of genome. its use, we agree we must extend cur- ferences. In fact, we achieved remark- Since the time of the introduction of rent law discrimination protections to able success in this endeavor. I stated our first bipartisan bill in the Senate, genetic information. this earlier. The House of Representa- we have worked to reiterate the agree- We reviewed the current employment tives passed it by 420 to 3. That is an ments on which this legislation is discrimination code and decided what extraordinary tally reflecting, I think, based and to build an even stronger remedies would be available for in- the broad-based support this legisla- foundation for this legislation, for fun- stances of genetic discriminations and tion enjoys. damental to this bill is establishing if they would differ for those available Today 46 Members of the Senate—Re- strong protections, both in health cov- in other instances under current law, publicans, Democrats, and Independ- erage and in employment, without un- such as the Americans with Disabil- ents—are sponsors of this legislation raveling established law. ities Act, which are enforced by the and a broad coalition of the Genetic Al- With regard to health insurance, the Equal Employment Opportunity Com- liance that includes more than 600 issues are clear and familiar. The Sen- member organizations. mission. We are at a historic crossroads on a ate debated them previously in the As a result, the pending legislation paramount issue that can make the dif- context of consideration of larger pri- creates new protections by paralleling vacy issues. Indeed, as Congress consid- ference between life and death for current law and clarifying the recent ered what is now the Health Insurance countless Americans. People deserve to remedies available to victims of dis- Accountability and Portability Act of have protections from genetic discrimi- crimination. Ensuring that regardless 1996, we also addressed the issues of nation, and this legislation deserves of whether a person is discriminated privacy of medical information. swift enactment in the Senate. Moreover, any legislation that seeks against because of their religion, their As science and medicine hurl head- to fully address genetic discrimination race, or their DNA, individuals will all long into the 21st century, we have a must consider the interaction and new receive the same protections under the responsibility to ensure our laws keep protections with HIPAA. In fact, our law, as they should. pace to ensure the benefits of this ex- Some have been concerned that de- legislation uses the exact same frame- traordinary era of advancements that work. As this bill makes clear, we do spite clear prohibitions and reasonable can be realized by everyone without not create an onerous burden in record- remedies and penalties in disputes, penalty. keeping. Specifically, we clarify the there will be incentives to seek greater Mr. President, I yield the floor. protection of genetic information, as or lesser penalties justified under stat- The PRESIDING OFFICER (Mr. well as information on the request or ute, and the legislation defines those SALAZAR). The Senator from Con- receipt of genetic tests from being used boundaries. It will be the presence of necticut. by an insurer against an individual. these prohibitions and penalties which Mr. DODD. Mr. President, I rise to That is key because we must recognize will ensure we do not see a growth in address this issue as well. Before she that genetic information only detects genetic discrimination. Indeed, I be- leaves the floor, I commend the Sen- the potential for genetically linked dis- lieve some who have questioned the ne- ator from Maine who has been long in- ease or disorder and does not equal a cessity of this legislation may continue volved, going back more than 10 years diagnosis of a disease. to do so, pointing to no overwhelming on this issue. I had the privilege join- At the same time, it is also credible problem before us, that it is essentially ing with her 10 years ago as a cospon- that this data be available to doctors a solution in search of a problem. sor of legislation in 1997. This is a col- and other health care professionals The bottom line is this legislation league who has been deeply involved in when necessary to diagnose or treat an will prevent and preempt harm. They this issue for a long time. I recognize illness. This is a distinction that begs will recognize in the final analysis, her early contribution to this debate. I our acknowledgment as we discuss pro- given the open-ended, infinite possibili- thank her for her comments. tecting patients from potential dis- ties that will be created by genetics, I rise today to express my strong sup- criminatory practices by insurers. that if we provide these protections, in- port for the Genetic Information Non- On the subject of employment dis- dividuals will have the incentive to in- discrimination Act—better known as crimination, unlike our legislative his- creasingly avail themselves of medical GINA—to urge its speedy passage by tory on debating privacy health mat- knowledge which will not only improve this body. When I first joined Senator ters, the record regarding protecting their health, but actually reduce SNOWE in the fight for passage of this genetic information from workplace health care costs. legislation, our Nation was at the dawn discrimination is not as extensive. To The fact is, for employers who have of a burgeoning genetic age, a time that end, our bipartisan bill creates had concerns about this legislation, when we could only dream of the tech- these protections in the workplace, and they should also recognize how it will nologies that would exist 10 years there should be no question that great significantly reduce health care costs. later. Those genetic technologies are harm can occur when genetic informa- Isn’t it essential to utilize our invest- here now and here to stay. tion is used inappropriately. ments in advancing medical knowledge Genetic testing and genomic services As demonstrated by the Burlington to prevent disease, disability, or even are being advertised directly to con- Northern case, the threat of employ- death? To the contrary. The fact is we sumers even as we speak.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3369 These ads are hard to read, but I am research. Scientists are finding that or may not become. All Americans going to try to hold them up for people nearly all diseases, including common have the right to use this information to see. Maybe others have put up simi- diseases, such as diabetes and heart to make better health care decisions lar ads. Here are some of the advertise- disease, have a genetic component. De- and not fear for its misuse. ments that appear in local newspapers termining the underlying genetic com- The potential for misuse, of course, is that advertise services. One is for $99. I ponents of disease is fueling the devel- very real. State laws provide only a don’t know what the cost is on this opment of new treatments and cures. mixed bag of safeguards, leaving inad- one. It is a BRAC analysis dealing with As an aside, years ago, at Yale Med- equate or no protection at all against breast cancer. These are a few ads to ical School, I attended a briefing by discrimination for many of our fellow show what is happening across the the professionals there. They were citizens. Existing Federal protections country. doing studies on young girls, deter- against genetic discrimination under This is good news, but also dangerous mining in twins the ability to detect the Health Insurance Portability and in some ways because people are mak- very early on a genetic predisposition Accountability Act or the Americans ing decisions about their conditions to breast cancer. A remarkable break- with Disability Act are inadequate to and their futures sometimes based on through was occurring with the won- comprehensively protect against mis- very shoddy information. It is trou- derful news that we could possibly use of genetic information. bling to me people are being drawn into moderate lifestyles and improve them That is why this bill is so important, this situation without understanding accordingly to avoid the onslaught of and why, again, the authors of it, the the full implications. that dreaded disease. Obviously, there early sponsors of it, deserve great com- Genetic testing and genomic services were concerns as well about such infor- mendation by all. It would provide sig- are being advertised, as I said, to con- mation becoming available without nificant protections against the misuse sumers. So the need for this legislation adequate protections with respect to of genetic information by health care has never been greater. This is a very insurance and employment opportuni- providers and employers, ensuring that important moment for us to act. ties as well as the conclusions people all Americans will not lose or be denied health insurance, jobs or promotions I also wish to take a moment to com- might make as a result of that infor- based on their genetic makeup. mend the leadership of Senator SNOWE mation. But, nonetheless, I was very who, as I said earlier, was involved in Specifically, it prohibits enrollment impressed with the work being done restriction and premium adjustment on this issue early on. Also, Senator PETE years ago in this whole area of identi- the basis of genetic information or ge- DOMENICI. He and I were involved with fying the genetic components of dis- a bill in 1997 as well, about the time I netic services. It prevents health plans eases. and insurers from requesting or requir- joined Senator SNOWE on her legisla- Additionally, genetic tests for hun- ing an individual take a genetic test. tion. Senator DOMENICI was very inter- dreds of disorders are already avail- With respect to employment discrimi- ested in this subject. And, obviously, I able, with many more in the pipeline. nation, the legislation prohibits dis- commend the work of Senator KEN- Some of these tests predict the likeli- crimination in hiring, compensation NEDY and Senator ENZI. Their leader- hood of developing a disease or condi- and other personnel processes and pro- ship and skillful negotiations have al- tion, providing unique opportunities hibits the collection of genetic infor- lowed for passage of this legislation. I for interventions that may delay the mation. The legislation protects each commend Senator HARRY REID, the ma- onset or wholly prevent that disease and every one of us because we all po- jority leader, as well for his support from occurring. In the not-so-distant tentially have a genetic makeup that and commitment to the passage of this future, routine use of genetic informa- makes us more susceptible to some legislation. While he is no longer a tion is going to give doctors an unprec- kind of an ailment, and that possibility Member of this body, I commend Sen- edented ability to tailor treatments to should not be an obstruction to an in- ator Tom Daschle, who was very inter- the individual patient. surance policy or a job. ested in this subject matter and offered However, the potential benefits of While this legislation represents an legislation as a Senator, also as leader. such advances in medicine will not be enormous step forward and is a vast While we recognized his contributions realized if people refuse genetic testing improvement over current law, many a day or so ago with the hanging of his or do not participate in genetic re- remain concerned about the measure’s portrait as a former leader of this search because they fear discrimina- privacy protections, and we intend to body, he was deeply involved in this tion by an employer or by an insurance continue monitoring them over time. issue, and I would be remiss if I did not company. Indeed, surveys have repeat- Specifically, the legislation imposes recognize his contribution as well, as a edly shown that Americans do fear the important limitations on the collec- former Member of this body whose possibility of genetic discrimination. tion of personal genetic information by work enabled the Senate to achieve They are afraid of losing their jobs or insurance companies, but it would still passage of this legislation in previous health insurance coverage because allow them to collect such information Congresses. their employer or insurance company without consent once an individual is Many of us on both sides of the aisle learns of a genetic risk for a disease, a enrolled in a health plan. While insur- saw the need years ago for legally en- disease they do not currently have or ance companies are expressly prohib- forceable rules to maximize the poten- may never get at all. The fact you have ited from using this information for tial benefits of genetic information and a predisposition does not in any way the purposes of underwriting, frankly, I to minimize its potential dangers. But guarantee it is going to happen. It is remain concerned, once this informa- despite passage of the legislation in the merely a predisposition. Yet that infor- tion is collected, it may be difficult to Senate twice and the House once, it is mation, obviously, could affect the cost control how it is used and who has ac- still not the law of the land. Up until of insurance available to you if insur- cess to it. As we have seen with numer- today, passage of this legislation has ance is available at all or whether you ous high-profile data breaches at the been blocked by one Senator. While I were going to get that job you would Veterans’ Administration and the Na- am heartened that efforts to obstruct like to have. Many people are also tional Institutes of Health, the greater passage of a bill so widely supported in afraid of affecting their children’s abil- the number of people who have access the House and the Senate have been ity to get jobs or obtain insurance. to information, the greater the chal- overcome, I am disappointed that the So without adequate protections lenge of protecting that information. valuable protections provided by this against discrimination, people may As this bill becomes law—and I genu- legislation were denied to the Amer- forgo genetic testing, even in cases inely hope it will and am confident it ican people until now. where the results have the potential to will—all of us will be following the im- In the decade that has passed while save their lives or the lives of their plementation and the extent to which this legislation has been pending, the family. it ensures privacy is protected. We will sequencing of the human genome was Our genetic code is the most personal not hesitate to revisit the issue in the completed, yielding a dizzying number of all information. We do not yet fully future, as I suspect we may have to. of discoveries about genes associated understand what it can reveal about us I am the author of the Newborn with diseases and accelerating genetic as individuals and about whom we may Screening Saves Lives Act, along with

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3370 CONGRESSIONAL RECORD — SENATE April 24, 2008 my colleague Senator HATCH of Utah, mendous potential to save and improve information being used against her in which the Senate passed unanimously lives through the exciting field of med- being able to get employment. That is last December and is expected to be ical genomics. GINA has long been a bi- built within the bill and I am delighted signed into law by the President in the partisan vision. that is in there so we do not have that coming days. In fact, I am told that I want to be crystal clear that I have type of discrimination taking place as might occur today. This legislation supported the vision of GINA in the well. would expand and improve the number past, and I will support it again today. I have spoken previously about the and quality of screening tests for ge- While I did place a hold on GINA for very real pressure that exists in these netic and metabolic conditions offered a while, that hold meant we weren’t types of situations, where people get a to newborns, which I feel so strongly finished crafting the legislative lan- Down syndrome designation and then about, throughout our country. These guage on GINA. I reserved my right to the pressure in the system to abort the tests are critical because if a newborn debate and perfect it—after taking the child. Senator KENNEDY and I have a tests positive for one of these rare con- time to read and understand the lan- bill that I am hopeful we will be able to ditions, treatment must begin imme- guage of GINA and the House action on get passed on nondiscrimination taking diately to prevent a lifetime of dis- GINA. place in these situations, getting more ability or even death. Because many of It is like working on an appropria- information out to the parents and an these conditions are genetic, the pro- tions bill—I support funding the gov- adoption registry of people who want to adopt Down syndrome children, who tections guaranteed under this bill are ernment but that doesn’t mean I sup- want to adopt children who have these critical to preventing discrimination port throwing $3.1 trillion into it. difficulties. against these infants and their families There is some work that has to be done before we send a bill to the President. At the same time, I think we need to by insurers or employers. know that today there is a real tragedy The newborn screening legislation As lawmakers, we have the responsi- on a massive scale going on in the bility to make sure we write laws that authored by Senator HATCH and myself, country of genetic discrimination. do exactly what we’re telling the possibly signed into law today, will be That is happening today in this coun- American people they do. I feel con- enhanced tremendously by the adop- try. We know that, today, 90 percent of fident that today’s version of GINA tion of this legislation because several the women who are pregnant with does that. of those tests, as I said, are genetic. So Down syndrome children, once they get I would note that when we finally it is my strong hope GINA will be sent that genetic designation of the child, started negotiating the substance of to the President for his signature. the child will not be allowed to live—90 my concerns with GINA, we were able Again, my compliments to Senators percent is the level that is taking place to get them resolved in 2 weeks. That KENNEDY and ENZI and their staff for there, of that genetic information and was a much faster and more effective the work they have done on this, and, its use. The numbers are similarly high way of getting GINA done than what of course, to Senator SNOWE for being a for prenatally diagnosed children with we’ve seen over the last year—slan- pioneer years ago in this area. spina bifida, cystic fibrosis, and With that, I yield the floor. dering my reputation in the media and dwarfism. It has all been well docu- Mr. COBURN, Mr, President, I am trying to slip the unfinished version of mented by the American Journal of pleased that we have finally reached an GINA into last minute appropriations Medical Genetics and the journal Pre- agreement on the Genetic Information bills. natal Diagnosis. So we have an in- Non-discrimination Act, GINA, and I am pleased that Senators KENNEDY crease in genetic testing, up to 120 dif- that it will soon become law. and ENZI recognized this and exercised ferent tests, and then a number of April 2003 marked a scientific dis- leadership in bringing everyone to the these children in this situation not covery significant enough to transform table to get a solution that everyone being allowed to live. both science and society. April 2003 could support. That’s the kind of trans- It is a bit personal with one of my brought the announcement that a vast parency and debate that the American staff members. Stacey Cervenka is here team of scientists had determined the people deserve. with me, who was born blind and is exact sequence of the human genetic Today’s Senate passage of GINA concerned that in the future our chil- code and placed that information in marks a significant step forward so dren are going to be prenatally diag- public databases. This is an achieve- that the American people may fully nosed as being blind, deaf, and not al- ment the last generation could only benefit from the promise of genomics lowed to get here. I do not think that dream about. and personalized medicine. GINA re- is the kind of country we want to be in. Scientific understanding of the links moves the barriers to the full potential That is why I am so happy this bill is between genes and disease will soon of personalized medicine. passing, so we do not have genetic dis- give rise to a flood of new answers and Mr. ENZI. Mr. President, I yield 5 crimination of people. I think it should cures for those that suffer from dis- minutes to the Senator from Kansas. extend to the full range of a lifetime of ease. We are on the cusp of a new, un- The PRESIDING OFFICER. The Sen- genetic discrimination. That is why I precedented era of personalized medi- ator from Kansas is recognized. have offered a bill with Senator KEN- cine. Mr. BROWNBACK. Mr. President, I NEDY to partially address this issue, As a practicing physician, I look for- thank my colleague, Senator ENZI, for the Prenatally and Postnatally Diag- ward to the better care and cures that his work, the chairman for his work, nosed Conditions Awareness Act, to en- I’ll be able to give my patients with and I particularly recognize Senator sure families get the necessary infor- new technology developed from the use SNOWE. I know Dr. Francis Collins, mation in these situations and also the of genetic information. head of our Human Genome Project, connection to the help and support While there have been very few docu- and the key thing he has talked about services they need. It also provides for mented cases of genetic discrimina- from the outset of it was the need for national registry for those willing to tion, GINA will eliminate the fear of this type of legislation which Senator adopt children with these conditions. genetic information. All Americans SNOWE has championed for a long time. We all should be concerned when need to know that their predictive ge- I am delighted to see it passing here. one’s genetic information is being used netic information—that they have no There is strong support for it. for discrimination. We know we are ability to change or control—will not I want to particularly point out a better than that as a society. The real be used against them in health care provision in the bill that was added on question is whether every life at every and employment decisions. the House side by Representative BART stage and every place has that value These protections will finally be en- STUPAK from Michigan, that would pre- and is worth protecting and fighting acted with the passage of GINA today vent the use of genetic information for. I think it is. I think we as a body in the Senate, House passage to follow, from unborn children and children in believe that. One’s genetic composition and then finally a bill that can be the process of being adopted. We can does not determine one’s value. Those signed by President Bush. see a situation where somebody would with disabilities have the same inher- Appropriately drafted legislation is apply for work, a lady who is pregnant, ent human dignity and value as every- an important key to unlocking the tre- the child has Down syndrome, and that one else. Genetic discrimination

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3371 against anyone is unacceptable, par- agnosis. It also allows health care prac- Nationwide, the numbers are even ticularly those who are next genera- titioners to make informed decisions larger. According to the Employee Ben- tion, our children. about the optimal medical care to pro- efit Research Institute, nearly 55 per- I might add, as a close, that as re- vide a patient with an inherited dis- cent of all workers are covered by a ported this week, the Governor of Alas- ease. And beyond the patients them- self-insured health plan, and in larger ka, Governor Sarah Palin, gave birth selves, genetic testing can help predict firms, those with 5,000 or more employ- to a child named Trig, who happens to the risk of disease to parents, siblings, ees, 89 percent of workers are covered be a Down syndrome child. I wish to and children. by self-insured arrangements in 2006, share what she said on this occasion: Over the years, Americans have come up from 62 percent in 1999. So just in Trig is beautiful and already adored by us. to realize what these developments the last 8 years, we have seen substan- We knew through early testings he would would mean for them. Unfortunately, tial increases in the number of workers face special challenges, and we feel privi- at the same time we also began to real- who are subject to genetic discrimina- leged that God would entrust us with this ize that genetic testing can be used gift and allow us unspeakable joy as he en- tion in health insurance, even though tered our lives. We have faith that every against us in the workplace and by the States where they live and work baby is created for good purpose and has po- health insurers. For example, the re- have taken steps to outlaw it. That is tential to make this world a better place. We sults of the BRCA–1 test for breast can- another of many reasons why passage are truly blessed. cer can be used to deny employment to of this bill today is necessary. What a great thought for all of us. a woman or to refuse to issue her com- We know that the medical tech- I yield the floor. prehensive health insurance coverage. nology exists to help us defeat deadly Mr. CARDIN. Mr. President, today is And so it is completely understandable and debilitating illnesses. It is time for a groundbreaking day for millions of that patients decline tests that could Federal law to change so that Ameri- Americans and for the future of health provide them life-saving information cans are free to use this technology. care. I am pleased to strongly support because they fear discrimination. In the 109th Congress, while I was the Genetic Information Nondiscrimi- What a waste of resources and med- still a Member of the House of Rep- nation Act of 2007, a bill that I am ical information if, after all the work resentatives, the Senate passed this proud to be an original cosponsor of. done by biomedical research and sup- legislation unanimously. I urge my col- I also want to recognize the out- ported by billions of our dollars, the leagues to join me in strong support of standing leadership of Senator SNOWE people who can benefit most from these this bill today and provide the Amer- and Congresswoman LOUISE SLAUGH- discoveries do not take advantage of ican people with the protections they TER, who have been working on this them. need to receive the quality health care bill for many years. The House passed Just this week, a new report revealed they deserve. its bill last year by an overwhelming the poor health status of Americans. Mr. LEVIN. Mr. President, I support margin of 420 to 3. Tomorrow will mark Our health status is worse than it the Genetic Information Nondiscrimi- 1 year since that House vote. It is my should be, and our health care costs are nation Act. Medical science has made hope that today, the Senate will pass far higher than they need to be because amazing progress over the past century this bill by a substantial margin as we are not taking advantage of the and a half, and I hope that we can pass well. technology available to us to fight dis- this legislation, which will allow our Years ago medical researchers began ease. Passage of GINA will help change nation to harness the promise of per- to discover the vast array of personal that. sonalized medicine through an under- health information that could be deter- The Health Insurance Portability and standing of individual genomes, while mined through genetic testing, with Accountability Act of 1996 took some ensuring that Americans are protected the discovery of the human genome. By important first steps to protect em- against the misuse of such powerful decoding the human genome, scientists ployees and health consumers from dis- knowledge. have identified many of the gene se- crimination along these lines, but cur- The past 140 years have marked an quences associated with disease, lead- rent law does not go far enough. For increasingly frequent series of sci- ing to new knowledge about the under- example, now, employers may require entific breakthroughs regarding that lying causes of illnesses. clinical genetic tests as a qualifier for intricate and vital component of life Last November, Duke University re- employment. Passage of GINA will called deoxyribonucleic acid, or DNA. searchers announced the discovery of change that also. In 1869, Friedrich Miescher found the 200 ‘‘silenced genes,’’ a unique group of Most State legislatures have taken microscopic substance that would come genes that they believe play a profound action to prevent health insurers from to be called DNA within the nuclei of role in health status. These are genes discriminating based on genetic test- cells. In 1952, Alfred Hershey and Mar- that may increase the likelihood that a ing. My State of Maryland, for exam- tha Chase confirmed that DNA plays a person will develop mental illness, can- ple, prevents individual and group role in heredity. The following year, cer, diabetes, or other major diseases, health insurance policies from estab- James Watson and Francis Crick used or they may serve to prevent the devel- lishing rules for eligibility based on ge- images produced by Rosalind Franklin opment of certain diseases. There are netic information. Insurance compa- to propose what many believe to be the approximately 1,000 different tests nies are not permitted to require appli- first accurate model of the structure of available now, and private insurers are cants or enrollees to take genetic tests DNA, the now-familiar double helix. In beginning to include some clinical ge- or provide genetic information, or can 1977, Fred Sanger boosted the ‘‘phi X’’ netic tests as part of their health in- they use genetic information for risk bacteriophage into the limelight by surance benefits packages. selection or for determining health in- making it the first organism to have Genetic testing holds extraordinary surance rates. Maryland law also pro- its genome sequenced. promise for individuals and for the doc- hibits insurance companies from dis- With the advent of genome sequenc- tors who treat them. It allows us to closing information without the in- ing came the need for a common loca- identify the predisposition to develop a formed consent of subscribers. Many tion to store all that information. Ef- certain disease. It allows us to decide other States have passed similar laws. forts to develop the Los Alamos Se- which medical specialists to seek out, But because of ERISA pre-emption, quence Database, which was estab- which preventive screenings to begin millions of other Americans who are lished in 1979, led to the establishment earlier than standards may recommend not protected by State laws still need in 1982 of the GenBank to store genome for the general population, which signs our help. ERISA plans—those that are sequences, which was jointly funded by and symptoms of illness to be particu- not fully insured but are instead self- the National Institutes of Health, NIH, larly alert to, and which diagnostic or insured and regulated by the Federal the National Science Foundation, NSF, predictive testing to pursue even when Government—are not covered by State and the Departments of Defense and symptoms may not be present. It can laws. In Maryland, nearly 40 percent of Energy. be extremely helpful in cases, such as insured workers have health insurance In 1990, the Human Genome Project, Huntington Disease, where gene test- coverage that is not protected against a bold new international collaboration, ing is necessary to make a certain di- genetic discrimination. was established. While there is more

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Dr. Francis Collins, Direc- ease has already led to improvements from being discriminated against, per- tor of the National Human Genome Re- in screening, diagnosis, treatment, and haps because their DNA indicates a search Institute, has been an impor- even prevention where possible. In 2006, possible disease or disorder that the in- tant voice in this debate. Dr. Collins’ George Church announced the Personal surance provider would rather not groundbreaking work in advancing the Genome Project, which seeks to record cover. Or perhaps merely because peo- science of genomics has led us to pow- the complete genome of each volun- ple with certain genetic markers might erful new insights into the links be- teer. The ability to unlock an individ- require more attention and care—and tween genes and common diseases such ual’s genome could, combined with the therefore represent a higher cost to the as diabetes, cancer, multiple sclerosis, knowledge developed through genetic insurer—than others. I believe we have and Crohn’s disease. He has dedicated research, allow for personalized medi- a moral obligation as a Nation to en- himself to securing Federal protection cine to a degree that would have been sure that all Americans have access to against genetic discrimination so that unheard of only years ago. quality, affordable health care. Part of the American people do not have to Though there are many diseases we that obligation includes ensuring that fear discrimination because they have do not yet fully understand and though no American is denied health care be- had genetic tests or participated in ge- much additional research is needed, we cause of their DNA. netic research. have at our grasp the ability to make We do not determine our own DNA. Every one of us stands to benefit stunning breakthroughs in medicine by We are born with it. We cannot allow from this landmark legislation. Ge- looking inside ourselves, to our own discrimination on the basis of such a netic research is advancing at a re- genes. With the incredible advances in fundamental aspect of life and one in markable pace. The sequencing of the modern medicine resulting from our which we had no choice. Beyond the human genetic code has already al- new understanding of, and ability to genes that set the backdrop for our lowed doctors to develop better ways to analyze, our own genes comes great re- physical existence, we are, each of us, diagnose, prevent, or treat some of the sponsibility. unique beings with the freedom to most dreaded diseases known to man. Genetic information about an indi- choose our paths in life. We must not In 2007 alone, researchers discovered vidual could be used for great good: it allow the use of genetic information to more than 70 gene variants associated could hold the keys to identifying the constrain our freedoms. with common diseases such as diabetes, best way to treat each person for their The Genetic Information Nondis- cardiovascular disease, and cancer. illnesses. However, we must be careful crimination Act provides essential pro- Each of these discoveries suggests new to guard against the use of this infor- tections to preserve our individual options for both the treatment and pre- mation to discriminate against those freedom and protect our rights. I sup- vention of these diseases. However, of differing genetic compositions. It port this bill and I hope that it will re- these exciting advances are being would be absolutely unacceptable, for ceive speedy passage in the House of threatened by fears of genetic discrimi- example, for an employer to use ge- Representatives and that the President nation. netic information in making hiring de- will act quickly to sign this critical This concern has been communicated cisions or determining pay. Likewise, legislation. to me in hundreds of meetings, letters, it would be unconscionable to allow in- Mr. REID. Mr. President, passage of and phone calls from constituents. surance companies, whose business the Genetic Information Nondiscrimi- For example, a woman from Las combines both health and risk assess- nation Act, GINA, is the culmination Vegas who is affected by pulmonary ment, to utilize genetic information of many years of work. This effort hypertension, a continuous high blood for the purpose of denying coverage for, began over a dozen years ago and would pressure in the arteries that supply the or charging higher rates to, an indi- not be possible without the work of lungs, wrote the following: many Members on both sides of the vidual merely because of that person’s Life expectancy for PH patients who do not unalterable building blocks of life, aisle. receive treatment averages 2.5 years, but their DNA. Senator Daschle worked tirelessly on with early, appropriate treatment, some pa- Probabilities and statistical meas- this legislation during his time as tients are now able to manage their PH for ures derived from analysis of the Democratic leader. Senator Jeffords twenty years or more. . . . GINA will allow human genome may be able to help us was also a dedicated champion of this patients with a family history of PH to pur- to be proactive and preventive in car- bill. Passage of this legislation today sue genetic testing and receive life-saving ing for patients. However, we must not would not be possible without the per- treatment without fear of related discrimi- allow discrimination on the basis of severance of the bill’s sponsors, Health, nation. that information. There is always the Education, Labor and Pensions, HELP, And a man from Las Vegas, who suf- chance that an individual will never Committee Chairman KENNEDY, HELP fers from Polycystic Kidney Disease, develop a particular disease and, there- Committee Ranking Member ENZI, and PKD, a life-threatening genetic disease fore, never incur the cost of treating Senator SNOWE. Senators DODD and affecting the kidneys, wrote: the disease that never developed. It HARKIN have also been central to this Fear of genetic discrimination keeps many would be unjust to force an additional effort. Congresswomen SLAUGHTER and PKD families from testing for the presence burden upon an individual as a result BIGGERT along with Congressmen MIL- of the disease or seeking treatments that could prolong their kidney function. In addi- of the potential, as opposed to the fact, LER, DINGELL, and RANGEL have been tion, fear of genetic discrimination has ad- of developing a particular disease. leaders on this issue in the House. versely affected many clinical drug trials Unfortunately, the risk of discrimi- Thanks to their collective commit- now underway in the PKD research field. nation is real. Our history has shown ment to GINA, this crucial piece of leg- These clinical trials desperately need volun- us that some employers have discrimi- islation is finally on the verge of be- teers to participate, but many with PKD are nated on the basis of a range of imper- coming law. fearful their participation in such trials will missible categories. As a result, Con- I also want to acknowledge the Coali- be used against them by their insurers and/or gress has passed laws such as the Civil tion for Genetic Fairness and the many employers. Rights Act, CRA, the Americans with other organizations representing pa- For genetic research to fulfill its true Disabilities Act, ADA, and the Age Dis- tient groups, medical professionals, potential, patients need strong protec- crimination in Employment Act, scientists, researchers, families, and tions against genetic discrimination. ADEA. These laws have made signifi- employees who advocated tirelessly on GINA will establish strong protections cant steps in reducing discrimination behalf of the protections offered by this against discrimination based on ge- in employment, but problems remain legislation. They never let us forget netic information in health insurance

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3373 and employment. As a result, patients premium for the company increased by scribed a common birth control pill, can receive the best possible medical $13,000 year. Her employers asked her she developed massive clots—a life treatments without having to fear that to switch to her husband’s health in- threatening illness that could have genetic information will be used surance policy, and even offered to in- been avoided if she had had the genetic against them by their insurers or by crease her salary if she would switch tests. their employers. The bill will also policies. She refused. The company For Judith Carlisle, the consequences allow researchers to pursue the prom- then adopted a policy requiring em- of not taking a genetic test were trag- ise of genetic research by ensuring the ployees to pay half their insurance ic. She has a strong family history of confidentiality of genetic information costs. If GINA is passed, changing the breast cancer, but was afraid that a ge- by participants in clinical trials. GINA terms of employment based on genetic netic test to detect a particular gene will enable all Americans to take full information would be illegal. mutation would provide proof to insur- advantage of potentially life-saving ge- Paula Funk, a 33-year-old mother ance companies and employers that she netic testing, and will pave the way for from Arkansas, told the committee was a health risk. So she refused to full realization of the promise of per- that of her 24 female relatives, 13 have take the test. sonalized medicine. developed breast cancer. She decided to Still, she worried about the risks of The House will soon take up and pass pay out-of-pocket and be tested for cancer, so she had a hysterectomy to this legislation, and I urge President BRCA–1 anonymously. She tested posi- prevent that risk. Only later, when she Bush to sign this bill into law. tive, had a prophylactic double mastec- took the gene test, did she discover The PRESIDING OFFICER. The Sen- tomy, and plans to have her ovaries re- that her fears had been misplaced. The ator from Massachusetts. moved in the near future. Paula and test showed that she had no elevated Mr. KENNEDY. Will the Chair let me her husband opened their own com- risk of cancer. know when I have 30 seconds left? I puter business but were prepared to We’ve also heard other stories in the yield myself the remaining time. abandon their plans unless they could years of debate on this bill. Mr. President, I thank Senator get a group health plan for their two- Phil Hardt is a grandfather in Ari- BROWNBACK for reminding us about our person company, because they knew zona with hemophilia B, a bleeding dis- bill dealing with Down’s syndrome. It she wouldn’t qualify for individual in- order, and Huntington’s disease. His is a very worthwhile effort and one surance based on her BRCA–1 status. human resources manager told him to that is enormously compelling. I give Her concern now is for protection withhold that information from his him the assurance we want to work against discrimination for her two employer, or he would never be pro- very closely with him. We are trying to young daughters, Audrey and Anna, moted or trained. In addition, his get a counterpart in the House of Rep- who will someday have to make the grandchildren would be denied health resentatives and trying to get this difficult decision about being tested. If insurance because the genes they done during this session. We thank him GINA is passed, Audrey and Anna might have inherited. for his strong leadership in that area. would not have to fear losing their Rebecca Fisher is a mother and early He has been working on it for a long health insurance based on a BRCA–1 onset breast cancer survivor with a time. test result. family history of the disease. She re- Mr. President, we are in a new era of Judith Berman Carlyle, a 48-year-old counted how her employer, a small, the life sciences, and the truth of that woman with a family history of ovar- self-insured community hospital, was statement can be seen in fields from ian cancer, was afraid that she more concerned that the cost of her medical imaging, to new biologic drugs wouldn’t be able to obtain health in- bone marrow transplantation and other and even to the use of DNA technology surance if she tested positive for the health care had exceeded the cap for to improve our environment and reduce variant of the BRCA–1 gene that is re- that year, than with her health or pro- greenhouse gasses. But in no area of related to breast and ovarian cancer. In- ductivity as a worker. search is the promise greater than in stead of being tested, she decided to Thousands of other patients who the field of personalized medicine. have prophylactic surgery to remove refuse to receive the benefits of this With personalized medicine, patients her ovaries, believing that the surgery new technology have similar stories. will no longer have to receive treat- would be less likely to cause her to be The time for delay is over—and I urge ments that work for the average per- dropped by her insurer. Later, having my colleagues to pass this needed leg- son—but may not work for them. In- obtained health insurance, Judith de- islation. stead, they will receive therapies pre- cided to be tested for BRCA–1 before I again acknowledge the great work cisely tailored to their own genetic having a prophylactic double mastec- and effort of my colleague and friend, makeup, with reduced side effects and tomy. Her test was negative. If she had Senator ENZI, the work he and his far greater potency. known this information, she might not strong staff have provided. We know we The cost of developing new drugs is have chosen to have her ovaries re- would not be here without his strong likely to be significantly reduced. No moved and might have opted for in- commitment to this legislation. longer will a potentially promising creased screening measures. This legislation was stuck for a time drug be consigned to a dusty warehouse Earlier this year, the Pulitzer Prize in the legislative cauldron of good because it fails to work well on aver- was awarded for an extraordinary se- works, but it was never lost. Through age, if it has the potential to treat pa- ries of articles on the promise and his efforts we had the good opportunity tients with a particular genetic condi- challenge of this new science. One arti- to work out some of the final dif- tion. cle dealt with the fears of discrimina- ferences and we have the opportunity A main barrier in the way of such ex- tion faced by those who undergo ge- to get it passed today. I am very grate- traordinary advances is the reluctance netic tests, and the measures they take ful to him. of patients to seek the benefits of this to protect themselves. Those articles Senator SNOWE has been a long-time new science and the fear volunteering included new revelations about the leader in this. Her leadership has been for this research. harm caused by the fear of discrimina- referred to and all of us who have been Three stories recounted to the advi- tion. interested in this thank her for her sory committee on genetic issues at Victoria Grove, of Woodbury, MN, long-time dedication and commitment the Department of Health and Human told how she concealed crucial infor- to it. Services make the point. mation about her genetic tests from I want to mention some of the other Tonia Phillips has the BRCA–1 muta- her doctor, for fear it would be used to people and say a final word. Dr. Col- tion. He told the committee that based deny coverage. As a result, she did not lins, who has been the leader of the on her genetic risk for ovarian and receive proper treatment for her lung Human Genome Project, has been such breast cancer, she elected to have a condition. a strong voice in passing this legisla- hysterectomy and a prophylactic dou- Kathy Anderson’s parents refused to tion; Sharon Terry, the Director of the ble mastectomy. Ms. Phillips works for let her be tested for a genetic condition Genetic Alliance; Kathy Hudson, who a small company of just four people. that affects blood clotting, for fear of works at NIH and gave us excellent After her surgery, the health insurance discrimination. When Kathy was pre- technical assistance; Representative

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3374 CONGRESSIONAL RECORD — SENATE April 24, 2008 LOUISE SLAUGHTER, who has a long- The Senator from Massachusetts (Mr. KEN- Thune Warner Wicker NEDY), for Ms. SNOWE, for herself, Mr. KEN- Vitter Webb Wyden time commitment to this program—I Voinovich Whitehouse thank her and Michelle Adams, who NEDY, and Mr. ENZI, proposes an amendment has worked with her; Representative numbered 4573. NOT VOTING—5 JUDY BIGGERT and her staffer Brian Pe- (The amendment is printed in the Clinton Gregg Obama terson; Shana Christrup, Keith Flana- RECORD of Wednesday, April 23, 2008, DeMint McCain gan, and Ilyse Schuman—all have under ‘‘Text of Amendments.’’) The bill, H.R. 493, as amended, was worked with Senator ENZI, and I thank Mr. KENNEDY. Mr. President, I ask passed. them personally for their strong help for the yeas and nays. Mr. KENNEDY. I move to reconsider working with me and with our staff; The PRESIDING OFFICER. Is there a the vote and to lay that motion on the Kim Monk and David Thompson with sufficient second? There is a sufficient table. Senator GREGG, who was a strong sup- second. The motion to lay on the table was porter of this bill when he chaired the The yeas and nays were ordered. agreed to. HELP Committee—I thank him; Pete Mr. KENNEDY. I yield any time that Ms. MIKULSKI. Mr. President I wish Goodloe from Congressman DINGELL, remains. today to applaud the passage of the Ge- Michelle Varnhagan from Congressman Mr. ENZI. I also yield back any time. netic Information Nondiscrimination MILLER; Cybele Bjorklund, who worked The PRESIDING OFFICER. All time Act. I am proud to be an original co- with CHARLIE RANGEL and previously is yielded back. sponsor of this legislation that pro- worked with us on our staff when we Under the previous order, the sub- hibits health insurance companies and were fortunate to have her efforts here stitute amendment is agreed to. employers from discriminating against in the Senate; Kate Leone and Jennifer The amendment (No. 4573) was agreed individuals based on their genetic in- Duck had worked for Senator to. formation. I would also like to take this opportunity to commend Hadassah Daschle—they are not now here, but we The PRESIDING OFFICER. The for their relentless advocacy over the acknowledge their work at an impor- question is on the engrossment of the past 11 years on this important civil tant time in this bill’s history; Steph- amendment and third reading of the rights issue. Hadassah is a founding anie Carlton for Senator COBURN staff, bill. member of the Coalition on Genetic her efforts are appreciated as well. The amendment was ordered to be Fairness and has been a leader fighting On my staff I thank Portia Wu, engrossed and the bill to be read a to outlaw genetic discrimination. Lauren McFerran, Holly Fechner, Mi- third time. As a Senator from Maryland, the chael Myers, Laura Kwinn, and espe- The bill was read the third time. cially David Bowen. All have been in- home of the National Institutes of The PRESIDING OFFICER. The Health and cutting edge companies valuable. question is on the passage of the bill, This bill opens a new frontier in med- like Celera Genomic, genetic testing as amended. The yeas and nays have and its implications for Marylanders icine, in which can read the genetic been ordered. makeup of patients to stop diseases be- and all Americans is especially impor- The clerk will call the roll. tant to me. This bill provides necessary fore they ever happen. This legislation The legislative clerk called the roll. opens the door to modern medical protections so that people will take ad- Mr. DURBIN. I announce that the progress for millions and millions of vantage of the potential that genetic Senator from New York (Mrs. CLINTON) Americans. It means that people whose testing can offer, without losing their and the Senator from Illinois (Mr. genetic profiles put them at risk of job or their health insurance. Mont- OBAMA) are necessarily absent. cancer and other serious conditions can gomery County in Maryland was the Mr. KYL. The following Senators are get tested and seek treatment without first county in the Nation to pass ge- necessarily absent: the Senator from fear of losing their privacy, their jobs, netic nondiscrimination legislation. It South Carolina (Mr. DEMINT), the Sen- or their health insurance. has been a longer road for Congress. It is the first civil rights bill of the ator from New Hampshire (Mr. GREGG), The Genetic Information Non- new century of the life sciences. This is and the Senator from Arizona (Mr. discrimination Act was the first bill the era of life science, with extraor- MCCAIN). passed out of the Senate Health, Edu- dinary possibility over these next The PRESIDING OFFICER (Mr. NEL- cation, Labor, and Pensions, HELP, years. SON of Nebraska). Are there any other Committee in this Congress. I sit on With the passage of this legislation Senators in the Chamber desiring to the HELP Committee and we have we take a quantum leap forward in pre- vote? worked on this bill since 1996. We have serving the values of new genetic tech- The result was announced—yeas 95, conducted five hearings on genetic dis- nology and protecting the basic rights nays 0, as follows: crimination and this bill has passed of every American. We will ensure that [Rollcall Vote No. 113 Leg.] out of our committee three times. The our laws reflect the advances we are YEAS—95 Senate unanimously passed this bill in making each and every day in medical Akaka Crapo Lieberman 2003 and 2005. It is time that this bill is science. The promise of new science Alexander Dodd Lincoln signed into law. will be in jeopardy if our laws fail to Allard Dole Lugar Thirty years ago, the idea of mapping Barrasso Domenici Martinez maintain adequate protections against Baucus Dorgan McCaskill the entire human genome seemed liked abuse and misuse of private genetic in- Bayh Durbin McConnell science fiction. But we now have a map formation. Bennett Ensign Menendez of it. Fifteen years ago, the thought of It was a hard-fought battle to get Biden Enzi Mikulski testing individuals for a genetic pre- Bingaman Feingold Murkowski here. This bill has been the product of Bond Feinstein Murray disposition to an illness seemed dec- a decade of dedicated efforts by Mem- Boxer Graham Nelson (FL) ades away, but here we are in 2008 with bers of both sides of the aisle. I am Brown Grassley Nelson (NE) the technology and knowledge to do Brownback Hagel Pryor honored to work with many of my col- Bunning Harkin Reed that. Someone with a genetic pre- leagues, particularly Senator ENZI, Burr Hatch Reid disposition for a disease could begin Senator SNOWE, and Congresswoman Byrd Hutchison Roberts preventive measures in diet and life- Cantwell Inhofe Rockefeller SLAUGHTER on this bill. I hope it will style, years before symptoms even ap- Cardin Inouye Salazar get overwhelming support. Carper Isakson Sanders pear. AMENDMENT NO. 4573 Casey Johnson Schumer But with this new technology comes (Purpose: In the nature of a substitute) Chambliss Kennedy Sessions responsibility—the responsibility to Coburn Kerry Shelby Mr. President, I call up the Snowe- Cochran Klobuchar Smith protect the people that these theol- Kennedy-Enzi substitute, which is at Coleman Kohl Snowe ogies seek to help. What good is know- the desk. Collins Kyl Specter ing that you have a genetic predisposi- The PRESIDING OFFICER. The Conrad Landrieu Stabenow tion for diabetes if you lose your Corker Lautenberg Stevens clerk will report. Cornyn Leahy Sununu health insurance because of it? How The legislative clerk read as follows: Craig Levin Tester does knowing that you may be more

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3375 likely to develop breast cancer help if ing to block this bill from even coming We are going to continue to bring you can’t get a job because of this in- up for consideration says to these this forward. But we are going to con- formation? Individuals should also women and their families that this tinue—unfortunately—to see this num- have the information they need to body does not understand and is not on ber go up. It is important the American make informed decisions about wheth- their side when they have been treated people understand what is happening. er to get a genetic test. unfairly or taken advantage of on the Now, we also, earlier today, saw A person must not be denied insur- job. something else happen—it did not quite ance coverage or employment based on I am proud of the fact that Senator come to the point of blocking in terms their predictive genetic information. REID, our majority leader, saw fit to of a motion to proceed but efforts of That is why I support this strong, en- bring this bill forward as a priority in delay, waiting, obstructing, over and forceable genetic nondiscrimination the crush of time we have to consider over again. Earlier today, we passed a legislation that establishes meaningful legislation in the Senate. I am proud of bill to help our Nation’s veterans by al- remedies for individuals and their fam- Senator KENNEDY for his passion and most a unanimous vote. We should be ilies—remedies which act as powerful leadership in bringing this bill out of proud of having done that on a bipar- disincentives for insurance providers committee and fighting so vigorously, tisan basis. But this bill was reported and employers to discriminate. I am and all of my women colleagues who out of committee last year. It was proud the Senate has acted to help en- came to the floor to stand up for blocked for 7 months—7 months—by sure that individuals can choose to get women across America. Unfortunately, colleagues on the other side of the genetic tests that could help save or we were stopped from even proceeding aisle. Then we had to spend a week try- to the bill. I am hopeful at some point prolong their lives, without fear of dis- ing to get this bill done. There was the we can come back and colleagues on crimination in the workplace or by procedural motion, again, to force us the other side of the aisle will decide, health insurance providers. We need to to vote on whether to even consider the rather than turning their backs on mil- make sure the information from ge- bill, and then that vote was unani- lions of women across the country, mous—unanimous. Yet that vote was netic testing reaches its true potential: that they will join us in doing what is that a woman can be screened for a ge- right to guarantee that if a woman is forced so the time would run so we netic predisposition to breast cancer or working hard every day, putting in the would slow-walk a bill we have been a man can be screened for his risk for same amount of hours, lifting the same waiting to take up for veterans and a heart attack without fear of their boxes and doing the same kind of work, their families for 7 months. health insurance premiums rising or she will know she is protected and feel People expect better from us. I am losing their jobs. confident the law is on her side that very hopeful we will come together and Again, I want to thank Hadassah for she will receive equal pay. begin to see the change the American all of their hard work on preventing ge- Unfortunately, this is not an isolated people want to have happen and be the netic discrimination and I also want to vote. This has been a pattern. We have focus of this body. thank Senator SNOWE for her leader- spoken many times about what has Mr. President, I will speak for a mo- ship on this bill. been happening in the last year and a ment about the Lilly Ledbetter Fair The PRESIDING OFFICER. The Sen- half. We now have seen 68 Republican Pay Act because this issue of equal ator from Michigan. filibusters. We had a filibuster that pay, of fairness in the workplace, is not f stopped us from proceeding. We have a going to go away. We are going to come back and we are going to come back MORNING BUSINESS fancy title for it, called a cloture vote on a motion to proceed. But the reality until we get this Court decision fixed. Ms. STABENOW. I ask unanimous is, Republican colleagues on the other Lilly Ledbetter was one of the few fe- consent that there now be a period of side of the aisle have filibustered our male supervisors in a Goodyear tire morning business with Senators per- ability to move forward on equal pay plant in Gadsen, AL. She got up early mitted to speak for up to 10 minutes for women in the workplace. This is in the morning. She sweated through- each and that the following Senators one of 68 different times in the last out long shifts, which often stretched be recognized in the order listed: my- year and a half that we have brought to 18 hours or more when another su- self for 15 minutes, Senator HATCH for forward something critically impor- pervisor was absent, just like her male 10 minutes, Senator TESTER for 7 min- tant to families, from extending unem- counterparts. For years she endured in- utes, Senator ISAKSON for 15 minutes. ployment insurance to addressing sults from her male bosses because she The PRESIDING OFFICER. Without health care, education, and economic was a woman in a traditionally male objection, it is so ordered. issues, focusing on those things that job. The Senator from Michigan. directly affect families every day. Late in her career with the company, f We know around here the way the Lilly discovered that Goodyear paid her male counterparts 20 percent to 40 REPUBLICAN FILIBUSTERS rules work. You can filibuster and you can stop something if you don’t have 60 percent more than what she earned for Ms. STABENOW. Mr. President, I votes. Unfortunately, we don’t at this doing the very same job for all of those rise to express my deep disappointment time have 60 votes to stop filibusters. years. She filed a lawsuit, just as she and concern about last night’s vote on There have been so many that we have should have, and the jury awarded her the Lilly Ledbetter Fair Pay Act. Un- put this on a board with Velcro so we full damages. fortunately, colleagues across the aisle can change it. We have to change it She was right. This was against the voted to block us from considering way too many times, because this num- law. This was unfair. We need to value what is an important bill that relates ber goes up every week. We are now at work and value equal work. The court to fairness, fair pay, equality, and rec- 68. This is an historic record in the sided with her. ognition of the hard work of women all Senate that we would see this many However, the Roberts Supreme Court across this country. We weren’t even filibusters to block moving forward an overruled the jury, stating that Ms. allowed to bring this to the floor of the agenda for change that the American Ledbetter was not entitled to anything Senate to begin the debate. It wasn’t people are desperately asking for. because she waited too long to file her only about pay discrimination; it was We will continue to bring these claim. The Supreme Court ruled that about fundamental fairness for work- issues forward that are absolutely crit- victims of discrimination have only 180 ing families, as so many of those work- ical. We will continue to bring forward days of the last discriminatory raise to ing families are headed by women. The areas of investment in the future and file a lawsuit for discrimination—even vote last night sends the wrong mes- creating jobs and tackling health care if they did not know about it, even if sage to families who are struggling to costs and access and children’s health they knew nothing about it. stretch their paychecks to pay for insurance and quality education and So in Lilly Ledbetter’s case, it did higher gas prices, groceries, health tax fairness and all of these other not matter that her employer discrimi- care costs, all of the things they need things that are so critical for the nated against her for years and that to survive and care for their families, American people—fair trade, so that we she had been, for years, paid less than childcare costs, on and on and on. Vot- are exporting products and not jobs. her male counterparts. Instead, the

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3376 CONGRESSIONAL RECORD — SENATE April 24, 2008 Roberts Supreme Court reversed dec- erans who are recovering from injuries The PRESIDING OFFICER. Without ades—decades—of precedent and the in- cannot even count on the Federal Gov- objection, it is so ordered. tent of the law. It also overturned the ernment to help them finance neces- f policy of the EEOC under both Demo- sities such as wheelchairs or wheel- ALLEGED FILIBUSTERS cratic and Republican administrations. chair ramps for their homes. After the Ledbetter case—until we When the men and women of our Mr. HATCH. Mr. President, I have a fix this—workers are powerless to hold Armed Services put on the uniform, great deal of appreciation for the dis- their employers accountable for unlaw- they are making a promise to defend tinguished Senator from Michigan. I ful, unjust, unfair, unequal conduct. It America. In return, we promise them know how sincere she is, and I know creates an incentive for employers to that a grateful nation will be there for she feels very deeply about what she discriminate against workers because them when they come home. What they has just spoken. But this business of 68 now if they can hide the discrimination do need—and what we owe them—is a clotures is hitting below the belt. for just 180 days, then they are home system that works for them, not Time after time, the majority leader free and the worker can do nothing against them. has filed bills—many of which have not about it. That is why the Veterans’ Benefits even gone through committee, have The Lilly Ledbetter Fair Pay Act Enhancement Act that was just passed not had 1 day of hearing, some of which will fix this injustice and put Federal today is so critically important. It ad- have been filed for political purposes law in the same place it was the day dresses many of the problems that just to create tough votes—and then before the Court decision. This has plague this difficult transition to filed cloture immediately. been American law. It has been Amer- stateside life and provides necessary In the old days—I have been here al- ican law about fairness and equal pay. improvements to education and health most 32 years—nobody did that. Then All we are trying to do is reverse this care and insurance programs. they call it a filibuster when they are extreme decision of the Supreme Court This bill would expand the number of the ones who filed cloture just for the and put it back in current law. individuals qualifying for retroactive purpose of being able to say there is a The economic impact of unfair pay benefits for traumatic injury protec- filibuster. practices on working families is stag- tion coverage. This is important for all Almost invariably the bills that are gering. Today, women still make 77 of our veterans because we are now good go through. Republicans will ob- cents for every $1 men make. In Michi- learning that this kind of injury is hap- ject sometimes because we want to be gan, it is even lower: 70 cents for every pening more often than we thought, able to offer at least germane amend- $1. and it can have a devastating impact. ments. In this body, we have, in the The current job climate has been par- Just last week, a new veterans center past, even been able to offer non- ticularly hard on women and people of was opened in Saginaw, MI. This center germane amendments. But that is a no- color all across America. The unem- will not only assist our veterans re- no right now because the majority is ployment rate for women has risen turning from combat but will also concerned some will bring up amend- sharply, and their wages are falling serve our veterans from as far back as ments that might be embarrassing to faster than men’s. For people of color, World War II—the war my father the majority. the unemployment rate is even higher. fought in. These veterans should also Well, having talked about ‘‘embar- African Americans’ unemployment be eligible for benefits if they are vic- rassing to the majority,’’ why do you rate is almost twice the national aver- tims of traumatic brain injury. think the Ledbetter case was brought age. The Lilly Ledbetter Fair Pay Act The PRESIDING OFFICER. The Sen- up through this statute? First of all, it would help correct this unfairness, this ator has 1 minute remaining. did not have 1 day of hearings, as far as disparity. Ms. STABENOW. Thank you, Mr. I know. It certainly was not put Just as important as upholding the President. through a committee. It was brought rights of women, the Fair Pay Act is The act would expand eligibility for up under rule XIV—which is a right to needed because the Ledbetter case home improvement and structural al- do—and then the bill itself was classi- would affect all kinds of discrimination teration assistance. It would also im- cally poorly written. cases. At the end of the day, it simply prove survivor benefits for the sur- The fact is, this bill would have done puts the law back where it was and cre- viving children of our service men and away with the statute of limitations ates the opportunity for fairness and women and a number of other things. and made it almost impossible for any equality. I am glad we passed this legislation. business to defend itself even in class Let me say that when a woman goes I am sorry it was held up for 7 months, action lawsuits. But it was brought pri- to the store in Michigan, she does not and then all this week there was ob- marily because the friends in some pay less for milk. When she goes to the structionism and delay before we could areas of the plaintiffs’ bar wanted it gas station, she does not pay less for get to it. But I am glad we got it done. brought so they could bring more suits gas. She does not pay less for the food I am deeply disappointed that earlier in our society. or the electric bill. She does not pay this week we saw another filibuster But to basically do away with the less in any area. Yet until we fix this that stopped us from proceeding to an statute of limitations so that you outrageous Supreme Court decision, equally important bill, and that is a could bring suits 10, 15, 25 years later, she can be paid less for the very same bill that relates to equal pay and pro- when all of the documentation is gone, job. tection under the law, when women are the witnesses are gone, there is no way Mr. President, let me also say a few working hard every single day and find the company can defend itself, and it is words about the bill we passed earlier themselves in a situation where they an automatic slam dunk for plaintiffs’ today for veterans. That bill was al- are receiving less than male counter- lawyers—some plaintiffs’ lawyers, be- most unanimously passed, despite parts for the same job. It is wrong. It cause most great plaintiffs’ lawyers are being held up for 7 months. needs to be fixed for the women of not going to play this game—and then For too many of our servicemembers, America and their families. call that a good bill, there is something that last day on Active Duty is just the The PRESIDING OFFICER. The Sen- wrong with it. first day of a difficult transition back ator’s time is expired. With regard to the veterans bill—my to civilian life. Ms. STABENOW. Thank you, Mr. goodness gracious. Let’s think about Our veterans deserve every benefit President. I look forward to the oppor- this. With regard to the veterans bill, they get, and more. But too often our tunity to bring this to the floor again, we are all for veterans—every last one veterans return home to find out their and, hopefully, we will be able to get it of us. But, again, cloture was imme- insurance is inadequate or it is very done. diately filed. We were not able to bring hard to figure out their educational The PRESIDING OFFICER. The Sen- up amendments. Finally, in the end, benefits because they are spread out ator from Utah. what did we do? We spent all day yes- over numerous different agencies. Mr. HATCH. Mr. President, I ask terday doing nothing in order to ac- Perhaps most important, under cur- unanimous consent that I be granted commodate two Presidential can- rent law, our permanently disabled vet- up to 15 minutes for my remarks today. didates on the Democratic side. Now, I

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3377 have no problem with that, with that They are leaders to have confidence in. tecting our Nation and supporting our accommodation, but we could have They exemplify the Air Force’s unoffi- other armed services in this war on ter- worked all day yesterday on the vet- cial motto: ‘‘Nothing Comes Close.’’ ror. I, for one, am thankful we have erans bill and scheduled that vote the They are the rightful heirs to the title: such leaders in positions with such same time at the end of the day, as we ‘‘The Right Stuff.’’ heavy responsibility. So today I rise to did. But it was basically a wasted day This does not mean errors do not thank them. I thank Secretary Wynne. in the Senate, other than hearings that occur. In any organization, especially I thank General Moseley. They are might have gone on. To waste a whole one with more than 350,000 service- thanks I believe they deserve from the day and then blame us for it, that is members, some will make mistakes, a entire Senate. not right. few will veer from the straight and nar- I suggest the absence of a quorum. We all know why the Ledbetter bill row; and, sadly, a tiny minority might The PRESIDING OFFICER. If the was brought up. In many respects, it is even betray the public trust. That said, Senator would withhold. just to score political points or it I believe the true measure of military Mr. HATCH. I withdraw that. would have gone through the com- leadership is not to wipe away every The PRESIDING OFFICER. The Sen- mittee. Had it gone through the com- possible temptation and sin of man- ator from Montana is recognized. mittee, had we done a good statute of kind; it is to create a culture where f limitations change, had we made some malfeasance, once identified, is dealt VETERANS’ BENEFITS other changes that make sense in the with firmly, swiftly, and justly. ENHANCEMENT ACT law, I think we would have passed a For example, the current Air Force bill that would have made Lilly leadership met this standard when it Mr. TESTER. Madam President, I Ledbetter at least realize that her ac- was recently tested by the wrongdoing wish to commend Chairman AKAKA on tions were not in vain. But the way it of a civilian official during an initial the legislation that was passed in the was done looks to me as if it was done attempt to replace our Nation’s aerial Senate earlier today, S. 1315. for political purposes and to score po- tankers that are, on average, 47 years This bill makes a number of com- litical points. We could have worked it old. Once Senator MCCAIN brought this monsense improvements to the bene- out. At least I think we could have malfeasance to the attention of the Air fits packages we offer America’s vet- worked it out. But there was not even Force, the service responded by holding erans. I am pleased to have voted for a chance to do that. accountable those responsible. These this bill as it came out of the Veterans’ Let me just say this: I believe we individuals were prosecuted to the full Affairs Committee. I am also pleased have too much of this business that extent of the law. Yet from that trou- to have supported it on the floor today. every time the majority files a bill and bled time, the current Air Force lead- It is long past due to give our disabled then files a cloture motion, they then ership rallied and conducted one of the veterans the ability to purchase afford- call us filibusterers. That is not right, most transparent, open, and fair pro- able life insurance. That is what this and it is not true. Frankly, we all know curement competitions in recent mem- bill does. It provides up to $50,000 in life it is not true. ory. That is stuff of which real leaders insurance for any veteran younger (Ms. STABENOW assumed the chair.) are made. than the age of 65 who has a service- f I was also disappointed to read the connected disability. AIR FORCE LEADERSHIP characterizations of some press reports The bill also adds a host of new benefits to help critically injured service Mr. HATCH. Madam President, we regarding the speech given by Sec- men and women get their households live in cynical times, and today I want retary of Defense Robert Gates during refurbished if they become disabled. to address that cynicism; namely, a his trip on Monday to the Air War Col- That can mean putting in wheelchair small number of media reports that, lege. When one reads some of these re- ramps, remodeling a kitchen or a bath- some have suggested, call into question ports, one could only conclude that room, and countless other chores. the command abilities of the senior Secretary Gates was issuing a rebuke Again, it is a small measure, but for a leadership of the U.S. Air Force. to the Air Force’s leadership. This is In addition, I was dismayed to learn most perplexing. Although I have not soldier who has lost an arm or a leg or that a Member of the Senate has com- spoken to Secretary Gates about his a marine who has suffered severe pounded these misrepresentations by speech, I have read the official tran- burns, it means the world. recently authoring a letter that makes script. My impression of his address It is long past time to increase burial inaccurate assertions about matters was that Secretary Gates was not benefits to help families deal with the that have already been dealt with by issuing an admonishment—not at all. growing costs of providing a final rest- the proper military authorities and in- In fact, I believe the Secretary was ing place for their veteran loved ones. vestigated by the inspector general of seeking to do what all good Secretaries This bill does that by authorizing dou- the Department of Defense. of Defense strive to obtain: a more ef- ble the current allowance for the burial Let me address the underlying mat- fective and efficient force through new of a veteran who dies from a service- ter directly. It has been my privilege and creative thinking. connected disability to $4,000. It also and honor to represent the people of Now, this conclusion is ironically triples the $300 benefit for nonservice Utah in this august body for now more bolstered by later reports from the connected disabilities. With the aver- than 31 years. During that time, I have same news service that published the age funeral cost now around $6,000, this had the pleasure to meet many of our initial reports I find so puzzling. These is a small gesture to the loved ones of Nation’s military leaders, their fami- later reports quote the Pentagon press our veterans, but it matters a great lies, and, of course, military period. secretary as saying one of the major al- deal. However, I can say without reservation leged reproaches was not directed at At a time of record national debt and the current generation of Air Force the Air Force as a service, but to ‘‘the chronic annual budget deficits, I am leaders is among the finest I have ever military as a whole.’’ particularly pleased this bill is deficit- known in all my years in the Senate. As I said earlier, we live in cynical neutral. It does not increase taxes. Under the steadfast and capable lead- times. Unfortunately, it has become With all the good in the bill, it is lit- ership of Secretary Michael Wynne and customary for many in political circles tle wonder the Veterans’ Benefit En- GEN Michael Moseley, the leaders of to hurl unfair and even untrue criti- hancement Act is supported by every our Air Force are resolute in the de- cisms at one another. One could argue major veterans service organization. fense of this country, tenacious in this is the price of a vibrant democ- This bill passed out of the VA Com- their support and care for the young racy. However, this sort of behavior is mittee unanimously last summer, and I men and women who serve under them, unbecoming when it wrongly distracts am pleased by the bipartisan support it and dedicated to modernizing the an- our military leaders, especially during got today. We now need to turn our at- cient—or should I say aging—equip- a time of war. tention to the veterans health care leg- ment of their force. The Air Force leadership, under Sec- islation that I am told will follow this These are leaders to be proud of, not retary Wynne and General Moseley, bill. Our Nation’s veterans deserve criticized the way they have been. has done an extraordinary job of pro- nothing less.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3378 CONGRESSIONAL RECORD — SENATE April 24, 2008 When our children sign up for mili- paign year, we are not going to get to Georgia and about some things I think tary service, whether they do it at a a resolution this year. we can do in the Congress. local recruiting office or by going to a It is obvious our country has a crisis. In 2005, our State Senate in Georgia service academy or anything in-be- It is obvious we have to move forward. passed a Senate Bill 3, by a vote of 39 tween, we make a deal with them. We It is obvious to me that whoever the to 15, and it went to the house and ask them to put their lives on the line. next President of the United States is, passed by a vote of 136 to 34. Obviously, We ask them to serve and to sacrifice the very first thing they are going to it was bipartisan. We have had 2 years’ at an increasingly difficult pace. We have to tackle is affordable, accessible, experience with that bill. The experi- ask them to fight wars. We ask them to and quality health care. ence has demonstrated what we had keep peace and to keep our Nation free The health care issue is one that has hoped it would: No injured person was and they go. They go and they do a bet- a million angles to it. I am not going aggrieved or denied coverage or recov- ter job than any other military in the to talk about all those angles today. ery, but the cost of health care on med- world. In return, we promise that when Secondly, I am not going to stand up ical malpractice became more predict- their service is over, we will care for here and tell my colleagues that I able and rates stabilized. them and compensate them if they think I have all the answers. However, The points in that bill that passed in have been injured in their service to I do think it is time that all of us who Georgia are precisely the points we our country. With our Nation now at have said: Well, I am not for govern- ought to look at in terms of the Fed- war, we have a great moral obligation ment-provided health care—that is not eral court system. Point No. 1, elimi- to do right by the men and women who good enough. If you are not for it, you nate joint and several liability in a serve our country in harm’s way. This have to be for something. You can’t medical malpractice case. For those legislation helps keep the promise to have the easy way out. There have who may not know what that is, it our veterans. been a lot of people who say: I don’t means if somebody is injured, or al- One other point I wish to add that re- want single-payer health care; I don’t leges they have been injured, and they lates to what the senator from Michi- want the Government to do to health file suit against the person who injured gan and the Senator from Utah talked care what they did at the IRS, but I them, in the normal course of our liti- about. I have only been here for 15 or 16 don’t have any good ideas. gious society, they also sue everybody months, but I will tell my colleagues It is time we came up with some else who is even remotely related to that one thing I have noticed and one goods ideas. We are going to have to do that particular situation. I was a real thing that has surprised me over the what is maybe different and philosophi- estate broker in Georgia. If we sold a last year and a quarter is we debate cally and politically challenging to Re- new house to a family and the first whether to debate all too much. The publicans and to Democrats. But first time it rained after they moved in the fact is, whether we agree or disagree on what we ought to do is look to suc- basement leaked, they sued the build- an issue, what is important is we have cesses around the country that have er, but they sued me, too, so they had an opportunity to vote on an issue—to solved some of the cornerstone issues a wide sweep to try to recover. I under- make our stand and vote on an issue. in terms of the costs of health care. stand that. There are times when joint What happened last week was a One of those is the cost of medical and several is appropriate, because prime example, where we had a trans- malpractice and what is commonly sometimes more than one party in an portation bill—corrections to a trans- called tort reform. The minute a politi- injured class situation is involved in portation bill—and we spent all week cian mentions tort reform, they get the injury and should be held account- because it was being delayed and de- everybody’s attention, but in parable. But to summarily make joint and layed. I sat in the chair last Thursday ticular, a trial lawyer’s. I am not a several apply without any conditions is night when the majority leader, the trial lawyer basher. Some of my best wrong. Democratic leader, came down to the friends are trial lawyers. I always tell What we put in the Georgia law was floor and said: I have to file cloture on people: Everybody hates lawyers, but that the plaintiff must identify a single this veterans’ bill—the one we passed— they love their lawyer. When you need defendant in the suit, unless he proved because I have approached the minor- a lawyer, you want a good one. I wish clearly and convincingly that the hos- ity and they have not gotten back to to bring a perspective to the tort issue pital or the physician and others in the me and I do not want to take the as it deals with medical malpractice to system were also negligent. That is not chance of wasting a day. try and point out there have been solu- unreasonable. We want to make sure We have work to do here. We have tions found—solutions that do not pro- that if somebody is injured by a doctor, done some good work today, and I hope hibit an injured person from being they can recover. But then to hold the we can have many more days such as compensated for the damages that were hospital, or the hospital authority, or today, where we can vote on legislation caused to them, while at the same time the county health authority liable, that impacts the people of this coun- quantifying and capping at a predict- when they were not part of the proce- try. able amount for those actuaries the dure, we don’t think that is right. That I suggest the absence of a quorum. cost of what these runaway awards is one of the reasons you have a tre- The PRESIDING OFFICER. The have been doing to us. mendous cost of malpractice insurance. clerk will call the roll. We have tried on the floor of the Sen- Second, to strengthen expert wit- The assistant legislative clerk called ate, on more than one occasion, to ad- nesses, who are critical in any court the roll. dress this, in part. We tried with legis- situation where you are trying to prove Mr. ISAKSON. Madam President, I lation in the 109th Congress to limit or damages. But experts ought to be ex- ask unanimous consent that the order to cap noneconomic damages in OB/ perts. For example, if you have a trau- for the quorum call be rescinded. GYN cases. The reason we targeted OB/ matic brain injury, the expert testi- The PRESIDING OFFICER. Without GYN and obstetrics cases was because fying on behalf of the plaintiff and the objection, it is so ordered. they consistently have runaway insur- expert testifying on behalf of the de- f ance premiums; we consistently have fense ought to both have neurological problems in our States where there are training. It is not right for a dentist, HEALTH CARE not enough doctors to deliver the ba- who happens to be an MD, to testify in Mr. ISAKSON. Madam President, I bies for families in our communities a neurological case. So by putting in rise this afternoon to talk for a few because there are not enough doctors requirements in terms of witnesses, minutes about health care in Amer- who can afford the medical malpractice you establish a situation where you ica—the cost of health care in America, insurance as it rises. have clear, responsible testimony, and the access to health care in America, Unfortunately, we never passed that you cannot use a ‘‘quasi’’ person to and to talk prospectively about the in the Senate, although in two dif- give you irresponsible testimony. first 4 years of the next President of ferent amendments we tried. In my Third, limit liability for emergency the United States. It is pretty obvious, judgment, it would have helped with department physicians and personnel. I because of the complexity of health the situation. Today, I want to talk want to talk about this for a minute. issues and because of a political cam- about a good example from my State of Talking about Georgia again, we have

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They gave an overall cap vincing evidence, which, in my case, as accident that happens on the freeway of $1.050 million, allowing the judge to I have said, is the only way to go. system there, they take the injured to lift the $350,000 if the evidence in the Medical malpractice is certainly not that trauma center. It is the largest court case proved a higher damage was the only cause of the higher costs of burn center in the Southeast. Grady necessary. That is the point I want to health care in America. Solving med- Memorial Hospital is losing so much address in the Federal court law. ical malpractice costs doesn’t address money that it was on the verge of I have three children. My second son, all of the other factors, but it is a com- bankruptcy. The community has come Kevin, in 1998 was in a terrible auto- ponent part. I am willing to sit with together, with volunteer citizens such mobile accident in rural Georgia. He others and talk about all those other as Pete Corell and Tom Bell in our was on a camping trip with a 16-year- things we beat our gums about but city, who deserve tremendous credit. old buddy. They were going down a never do anything about that are com- They created a nonprofit organization country road in Greene County, 2 a.m. ponents of the cost of health care. to take over the organization of the in the morning—which is another sub- I will talk about what we need to do hospital and raise capital, and I believe ject I will get to as a father later on— in terms of Medicare eligibility. When we are going to save that great trauma and a deer crossed the road. A deer will somebody signs up for Medicare when center and that great hospital. stop in the headlights. The deer took they are 65 years old—you are supposed Frankly, they operate under terrible off. My son was a passenger, and the to go in 90 days before your 65th birth- circumstances in that trauma center. driver decided to follow the deer rather day; I am getting close, so I am looking To have the type of liability in a trau- than the road, hit a ditch, and my son at these things—I think you ought to ma center that people want to hold you went through the front windshield. He be required to execute a durable power accountable for today with medical had four operations. He had to get of attorney when you become eligible. malpractice liability, with no Good Sa- grafts, bone marrow treatments, and Eighty percent of the cost of health maritan laws for those people isn’t he had internal infections. He has more care to me, to you, and to anybody else right. If somebody is brought in after a metal in his right leg than I have in happens in the last 60 days of life. More tragic wreck and there are not quali- my automobile. The doctors put him often than not, people are not in a con- fied exceptions for a physician to treat back together. Making the case about dition to make a decision for them- that person, you are never going to litigation, I have to tell you that was a selves. Because of laws, and because we have the type of immediate response case where my son was hurt and there are a compassionate nation, the physi- care that you need. You don’t have the was negligence. I was angry. In Geor- cian will keep you alive as long as he time to practice defensive medicine in gia, we have something called no-fault can. If you had a chance, you might a trauma situation, which, by the way, insurance, which means you have rather say if I am being hydrated and I will get to defensive medicine next. It $15,000 in coverage, which covered the given nutrition but will never become is one of the contributing causes to the emergency room, and there is no more conscious again, I give the doctors the cost of health care. Defensive medicine coverage. Everybody is on their own. authority to make the appropriate is practiced primarily because of the But we had obvious negligence. In that medical decision. The money that court system. case, fortunately, the young man who would save is in the ‘‘gazillions’’ of dol- I had a problem a few years ago. I was driving, who was negligent—his fa- lars—if there is such a number. It went to the doctor and they said, ther, although he had minimum cov- would help us to manage that cost. well—they gave me this and it didn’t erage for the accident, had a general li- Secondly, we need accountability on work, so they gave me that and it ability policy. He said: My son was the part of the American policyholders, didn’t work. So they gave me a full- wrong and your son is going through and wellness and disease management. body CT scan. I had a swallowing prob- terrible pain. Let’s sit down and go to My second son’s father-in-law is a lem. I wondered why they did a full- my insurance company and negotiate, Swede. He came to America and now body CT scan. He said he wanted to be through a professional arbitrator, what lives here full time. He bought a med- sure he had done everything he could. is the right general liability award for ical insurance policy independently, He had to practice defensive medicine, your son. We did that. We negotiated it because he is retired. About 6 months when a scan from the chest up would and used an index of nationally ap- ago, he called me and we went out to have been fine. That is one of the rea- proved negotiators, in terms of what dinner. He ordered a salad, broccoli, sons you have runaway malpractice damage would have been right. We and asparagus, and he didn’t put any awards and the litigious nature of our agreed to it and my son still has that sugar in his tea. I said: What are you society. It is a skewed system and you reserve in case he has further com- doing? What kind of a diet are you on? have costs running through the roof. plications from the damage done. No li- He said: It is my health insurance, not We need to elevate the burden of ability responsibility, but a cost that my diet. My policy will go up to $500 a proof from the ‘‘preponderance of the was appropriate for the injury, rather month if I don’t get my cholesterol evidence’’ to ‘‘clear and convincing evi- than gained through a court case and a below 200. His vital signs are a compo- dence.’’ We did that in Georgia 2 years litigious action. nent of health care and, if he wasn’t ago. I don’t know about you, but if I It is my personal opinion that we taking care of himself, he would pay a am accused of something, I don’t want should cap noneconomic damages in higher premium for the benefits he somebody to decide because the pre- the Federal court and medical mal- needed. We need to look at disease ponderance of the evidence said I was practice in the following way: Change management and wellness and account- wrong; I want it to be clear and con- the current law. The current law al- ability. vincing. That is the way it ought to be, lows a judge to reduce the amount of I came to the floor to talk about in terms of medical malpractice as the award if he doesn’t think it was what is going to be the biggest issue in well. right. The judge can reduce it. I think the first term of the next President, Then the real hot potato—the one ev- we ought to cap liability on medical the biggest crisis. If I am fortunate erybody goes ballistic on—is talking malpractice at a million dollars for the enough to win reelection in 2010, the about capping noneconomic damages. noneconomic damages, but then say Nation’s Medicare system is going to Georgia did something unique. They the judge can lift that cap if the evi- be broke before I leave the Senate. This capped noneconomic damages at dence in court proves gross negligence. is not an issue we need to talk about in $350,000. That is the pain and suffering. That changes the dynamics of litiga- the future. The time is now. It is time Noneconomic means if you were in- tion. Instead of suing and going for big for good men and women of both polit- jured, all the costs of that injury, the bucks because you can, you will realize ical parties to put all of the issues on

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3380 CONGRESSIONAL RECORD — SENATE April 24, 2008 the table and not just talk about what time—from December 2007 to April We spend a lot of time on the Senate they are not for but start talking about 2008—the costs have gone up dramati- floor talking about security, especially the solutions that can make a dif- cally in sorghum, in wheat, rice, peas, in the context of Iraq. But security is ference in the quality, accessibility, af- lentils, and vegetable oil. This chart not won or lost only on the streets of fordability, and health care for the peo- really tells the story of what has hap- Baghdad or on the battlefields of Af- ple of the United States of America. pened in just 4 months. Other data ghanistan. Security is at stake in the I yield the floor and suggest the ab- shows wheat prices have tripled in the bread lines of Egypt, the rice markets sence of a quorum. last 3 years. Poor families in Yemen in Thailand, and the withering corn- The PRESIDING OFFICER. The are spending more than a quarter of fields in Zimbabwe. The global food cri- clerk will call the roll. their income just to buy bread for their sis is also a looming security crisis, The bill clerk proceeded to call the children. one that threatens the stability of roll. The price of rice has tripled in just many already fragile governments. Mr. DURBIN. Mr. President, I ask the last 18 months. There is even ra- Pockets of fierce protest could trigger unanimous consent that the order for tioning of the sale of rice in the United outbreaks of sustained violence, even the quorum call be rescinded. States. You may have seen the papers war. The ACTING PRESIDENT pro tem- this morning. Some major warehouse- Referring to the same chart, the pore. Without objection, it is so or- type operations are limiting the flames on this map show what has been dered. amount of rice Americans can buy. In experienced over the last 16 months in Bangladesh, a 2-kilogram bag of rice— f terms of riots and demonstrations. a little over 4 pounds—which might WORLD FOOD CRISIS Haiti and Egypt, two nations where feed a small family for a couple of days food prices have doubled in the last 2 Mr. DURBIN. Mr. President, the now consumes about half the daily in- years, have already seen violent unrest come of a poor family. In the Phil- world is facing a global food crisis, and linked to these soaring food prices. ippines, hoarding rice is now punish- it is growing worse by the day. Each Here are photographs of recent food able by life in prison. In rural El Sal- morning, we see a new front-page head- riots, one in Haiti, another in Egypt. vador, the World Food Program esti- line reminding us of the urgency of the Just a word. I went to Haiti a few mates that rising food prices have cut situation. It threatens not only the years ago with former Senator Mike the caloric intake of the average meal health and survival of millions of poor DeWine of Ohio—my first visit. I had 40 percent from 2 years ago. people around the globe, many of them been prodded into going there because I children, but it also threatens the sta- The World Food Program is the food aid branch of the United Nations and traveled to Asia and Africa, and some- bility of governments in some parts of one finally said: Why do you travel so the world where hunger and food short- the world’s largest humanitarian agency. It operates in about 80 nations, pro- far looking for the worst poverty in the ages are most acute. It threatens glob- world when it is in your backyard, on al security and even our own national viding food to about 90 million poor people a year. Two-thirds of them are the island of Haiti? So I went there, to security. the island of Hispaniola, which has The world food crisis is a human ca- kids. Because of rising food prices, the World Food Program can afford to buy Haiti and the Dominican Republic, and tastrophe. Families are suffering. they were right. I had never seen worse Mothers and fathers are struggling to only 50 percent of the food for school- children that it could purchase a year poverty anywhere in the world, and it feed their children. A recent New York is in our backyard. And now these peo- Times story described a father in Hai- ago. This is the worst global food crisis in ple are digging through a dump trying ti’s capital city, Port-au-Prince, whose more than 30 years, since the Arab oil to find something to eat in Haiti. children had recently eaten only two embargo in the early 1970s caused sharp Here, in Egypt, they have two lines spoonfuls of rice apiece one day and spikes in world food prices. The blue of troops holding back a food riot that nothing the next day. The father said shaded areas on this map show 36 na- occurred there. in this interview: tions on four continents now facing a Haiti recently ousted its Prime Min- They look at me and say, ‘‘Papa, I’m hun- growing risk of hunger and the social ister after days of violent protest over gry,’’ and I have to look away. It is unrest that comes with it. The flames soaring food prices. Nine thousand U.N. humiliating. It makes you angry. indicate places where riots or protests peacekeepers were ordered recently not Three-quarters of the people in Haiti are already taking place. It may not be to fire on civilians as widespread live on less than $2 a day, and one in easy for those following this to see, but looting and shooting continued. five children is chronically malnour- if you can imagine, almost one-fifth of In Egypt, the Government has had to ished. People are desperate for nourish- the world’s countries are facing a food dispatch riot police to break up food ment of any kind. crisis, and many more are facing pro- protests. The military has even been The New York Times story went on tests and demonstrations. In Africa, 21 put to work baking bread in an effort to say that one booming business amid countries are unable, for a variety of to prevent even more anger over soar- all the gloom is the selling of patties reasons, to meet their own food needs. ing food prices. made of mud, oil, and sugar, typically In Asia, nine countries are facing food Senegal is regarded as one of Africa’s eaten by the most destitute. shortages; four Latin American na- most stable democracies, but even One Haitian man said: tions; and in Europe, food shortages in there, rising anger over food prices is It’s salty and it has butter, and you don’t Moldova and Chechnya. The list of directed at the Government. Recent know you are eating dirt. It makes your these countries is here, and it is a long demonstrations in Senegal turned vio- stomach quiet down. list. It shows you how this is stretching lent as police in riot gear struck and Mr. President, I said last week that across the world, particularly in the used tear gas against protestors who we were on the brink of a humani- poorer sections. were protesting for food. tarian crisis, and I am afraid we have Aid organizations are seeing these ef- Parts of India were enduring riots crossed that threshold. We are now wit- fects on the ground. CARE staff with 20 over the high cost of rice as far back as nessing that humanitarian crisis. years’ experience in the field say they 6 months ago. World Bank data shows global food have never seen a situation this bad, Recent history reminds us how close- prices have jumped 83 percent in the and there are no immediate prospects ly our security is linked to the security last 3 years. These are the average for relief. of these farflung places. Sending help commodity prices paid by the non- Last week, U.N. Secretary General in the form of food aid to these coun- governmental organization CARE. Ban Ki-moon described the world food tries whose people are starving is clear- CARE is known around the world. situation as having reached emergency ly the right thing to do, but it is also CARE packages, after World War II, be- proportions. He and World Bank Presi- the smart thing to do. If we stand by came a symbol of American caring and dent Robert Zoellick have warned that and watch these violent uprisings a symbol of international compassion. the food crisis ‘‘could mean 7 lost years cause governments to fall, this growing CARE is paying more and more for the in the fight against worldwide pov- crisis will pose a threat to the security food they buy. In just a brief period of erty.’’ of the United States of America.

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Such contributions are im- the poor but is also eroding the gains of the old enemies but among recent allies: in portant. working and middle classes, sowing volatile levels of discontent and putting new pres- Great Britain, from 83 percent favor- Another important step would be for sures on fragile governments. able toward the United States down to the United States and donor nations to In Cairo, the military is being put to work 56 percent in 2006; in Germany, from 67 allow a percentage of food aid to be baking bread as rising food prices threaten percent to 37 percent; in Indonesia, purchased in local food products. It to become the spark that ignites wider anger from 75 percent to 30 percent; in Tur- may be that the food is there and if at a repressive government. In Burkina Faso key, from 52 percent to 12 percent; and purchased can be given to the people and other parts of sub-Saharan Africa, food in Jordan, which we consider to be an rather than delaying the delivery by riots are breaking out as never before. In ally and friend, only 15 percent of the shipping things from faraway destina- reasonably prosperous Malaysia, the ruling coalition was nearly ousted by voters who people have a favorable opinion of our tions. I urge my colleagues to support cited food and fuel price increases as their Nation. Yet amid these troubling num- this request. main concerns. bers, the study also showed moments of For those who say $550 million is just ‘‘It’s the worst crisis of its kind in more improved attitudes toward America, too much to spend to avoid global than 30 years,’’ said Jeffrey D. Sachs, the generated by U.S. aid for tsunami vic- shortages and unrest, I remind them economist and special adviser to the United tims in Indonesia and elsewhere. that is just about what we spend in 1 Nations secretary general, Ban Ki-moon. We need to take heed that some day in the war in Iraq—1 day. We are ‘‘It’s a big deal and it’s obviously threat- countries in the world that share our talking about the amount of money ening a lot of governments. There are a number of governments on the ropes, and I think values and have common goals in life needed to try to avert a global food cri- there’s more political fallout to come.’’ think little of our country. They are sis. Indeed, as it roils developing nations, the wrong. They don’t understand our val- A little over a week ago, the world’s spike in commodity prices—the biggest since ues. They don’t understand who we are. economic ministers met here in Wash- the Nixon administration—has pitted the We have a chance to help them under- ington to discuss the state of the world globe’s poorer south against the relatively stand by coming to the aid of those liv- economy. They declared that food wealthy north, adding to demands for reform ing in poverty and those facing starva- shortages and skyrocketing prices of rich nations’ farm and environmental poli- tion and depravation around the world. posed potentially greater threats to cies. But experts say there are few quick The causes of today’s soaring global fixes to a crisis tied to so many factors, from economic stability than the turmoil in strong demand for food from emerging food prices and food shortages are capital markets. They called on economies like China’s to rising oil prices to many, they are complicated, and they wealthier nations to help prevent star- the diversion of food resources to make are interrelated. For the sake of world vation and disorder. biofuels. security, more work is needed to un- We have a choice. We can stand back There are no scripts on how to handle the derstand these causes and develop long- and watch this disaster unfold or we crisis, either. In Asia, governments are put- term solutions to feed a hungry world. can demonstrate to the world what we ting in place measures to limit hoarding of But we cannot wait for comprehensive stand for. We can show the world that rice after some shoppers panicked at price we understand hunger and violent un- increases and bought up everything they solutions to start dealing with today’s could. crises. We need to focus on what we can rest are also forms of tyranny and ter- Even in Thailand, which produces 10 mil- do at this moment. We need to put an rorism and we are committed, the lion more tons of rice than it consumes and end to this emergency. United States, to doing our part to is the world’s largest rice exporter, super- The Department of Agriculture an- help end them. markets have placed signs limiting the nounced last week that it will release This is not charity. International amount of rice shoppers are allowed to pur- $200 million in commodities from the food assistance in the face of the global chase. Bill Emerson Humanitarian Trust. Bill food crisis is the right thing to do, the But there is also plenty of nervousness and was a friend of mine. He always had a smart thing to do, and the American confusion about how best to proceed and just how bad the impact may ultimately be, par- soft spot in his heart for these pro- thing to do. ticularly as already strapped governments grams, and I am glad this one is named Mr. President, I ask unanimous con- struggle to keep up their food subsidies. after him. Mr. President, $200 million is sent that following my remarks, the SCANDALOUS STORM April 18, 2008, article from the New an important step that will help, but it ‘‘This is a perfect storm,’’ President Elı´as is not enough. York Times as well as the April 22, Antonio Saca of El Salvador said Wednesday Last week, I met with Josette 2008, article from the Irish Times be at the World Economic Forum on Latin Sheeran. She runs the World Food Pro- printed in the RECORD. America in Cancu˜ n, Mexico. ‘‘How long can gram. What a tough assignment at this There being no objection, the mate- we withstand the situation? We have to feed moment in history. She says they are rial was ordered to be printed in the our people, and commodities are becoming at least $755 million short of what is RECORD, as follows: scarce. This scandalous storm might become needed to respond to this global crisis. [From the New York Times, Apr. 18, 2008] a hurricane that could upset not only our Beginning next month, for lack of economies but also the stability of our coun- ACROSS GLOBE, EMPTY BELLIES BRING RISING tries.’’ money, the World Food Program may ANGER In Asia, if Prime Minister Abdullah Ahmad be forced to suspend its school feeding (By Marc Lacey) Badawi of Malaysia steps down, which is programs in Cambodia. This last chart PORT-AU-PRINCE, HAITI.—Hunger bashed in looking increasingly likely amid post- shows women in a small village in the front gate of Haiti’s presidential palace. election turmoil within his party, he may be India reaching out desperately for rice Hunger poured onto the streets, burning that region’s first high-profile political cas- sold by Government officials. ‘‘The tires and taking on soldiers and the police. ualty of fuel and food price inflation. world’s misery index is rising’’ as a re- Hunger sent the country’s prime minister In Indonesia, fearing protests, the govern- sult of the food crisis, Josette Sheeran packing. ment recently revised its 2008 budget, in- Haiti’s hunger, that burn in the belly that creasing the amount it will spend on food of the World Food Program said last so many here feel, has become fiercer than subsidies by about $280 million. week. ever in recent days as global food prices spi- ‘‘The biggest concern is food riots,’’ said Senators BIDEN and KERRY have ral out of reach, spiking as much as 45 per- H.S. Dillon, a former adviser to Indonesia’s joined me in asking the White House cent since the end of 2006 and turning Hai- Ministry of Agriculture. Referring to small for $550 million for this global food cri- tian staples like beans, corn and rice into but widespread protests touched off by a rise sis. I have joined Senator BOB CASEY closely guarded treasures. in soybean prices in January, he said, ‘‘It has and others in asking the Appropria- Saint Louis Meriska’s children ate two happened in the past and can happen again.’’ tions Committee in the Senate to pro- spoonfuls of rice apiece as their only meal Last month in Senegal, one of Africa’s old- recently and then went without any food the est and most stable democracies, police in vide this help in the supplemental following day. His eyes downcast, his own riot gear beat and used tear gas against peo- funding bill which we will be consid- stomach empty, the unemployed father said ple protesting high food prices and later ering very soon. forlornly, ‘‘They look at me and say, ‘Papa, raided a television station that broadcast Other countries are rising to the I’m hungry,’ and I have to look away. It’s images of the event. Many Senegalese have challenge. Last week, France an- humiliating and it makes you angry.’’ expressed anger at President Abdoulaye

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3382 CONGRESSIONAL RECORD — SENATE April 24, 2008 Wade for spending lavishly on roads and five- security threat, dispatching riot forces with many people that growing energy crops star hotels for an Islamic summit meeting a strict warning that anyone who takes to might be a good idea. In the U.S. the produc- last month while many people are unable to the streets will be dealt with harshly. tion of ethanol from plant matter increased afford rice or fish. Niger does not need to be reminded that by a factor of five in the past decade. Policy ‘‘Why are these riots happening?’’ asked hungry citizens overthrow governments. The decisions taken this year will lead to a fur- Arif Husain, senior food security analyst at country’s first postcolonial president, ther five-fold increase. Europe is also boost- the World Food Program, which has issued Hamani Diori, was toppled amid allegations ing biofuel production and attempting to urgent appeals for donations. ‘‘The human of rampant corruption in 1974 as millions source it from various parts of the world. instinct is to survive, and people are going to starved during a drought. The speed at which these changes are tak- do no matter what to survive. And if you’re More recently, in 2005, it was mass protests ing place can be seen from a glance at invest- hungry you get angry quicker.’’ in Niamey, the Nigerien capital, that made ment in biofuels. In 1995 it was a mere $5 bil- Leaders who ignore the rage do so at their the government sit up and take notice of lion. A decade later it had jumped to $38 bil- own risk. President Rene´ Pre´val of Haiti ap- that year’s food crisis, which was caused by lion, and is expected to top $100 billion (Ö63 peared to taunt the populace as the chorus of a complex mix of poor rains, locust infesta- billion) by 2010. complaints about la vie che´re—the expensive tion and market manipulation by traders. Sorry to say the biofuel boom is a classic life—grew. He said if Haitians could afford ‘‘As a result of that experience the govern- example of the paradox of conscious purpose. cellphones, which many do carry, they ment created a cabinet-level ministry to This means that we often achieve the very should be able to feed their families. ‘‘If deal with the high cost of living,’’ said opposite result to the one we intended. In both southeast Asia and South America, there is a protest against the rising prices,’’ Moustapha Kadi, an activist who helped or- growing biofuel crops has led to massive de- he said, ‘‘come get me at the palace and I ganize marches in 2005. ‘‘So when prices went struction of the rainforest. In Brazil, for ex- will demonstrate with you.’’ up this year the government acted quickly ample, more than 302,514 hectares were de- When they came, filled with rage and by to remove tariffs on rice, which everyone stroyed in the second half of 2007. One of the the thousands, he huddled inside and his eats. That quick action has kept people from main reasons for this is the pressure to grow presidential guards, with United Nations taking to the streets.’’ more soya. peacekeeping troops, rebuffed them. Within THE POOR EAT MUD In Malaysia and Indonesia producing days, opposition lawmakers had voted out In Haiti, where three-quarters of the popu- biofuels from palm oil will increase the Mr. Pre˜val’s prime minister, Jacques- lation earns less than $2 a day and one in five ´ amount of carbon dioxide released into the Edouard Alexis, forcing him to reconstitute children is chronically malnourished, the atmosphere, because the preferred way of his government. Fragile in even the best of one business booming amid all the gloom is clearing the forest is by burning it. This times, Haiti’s population and politics are the selling of patties made of mud, oil and final destruction of the forest will lead to now both simmering. sugar, typically consumed only by the most the extinction of countless species of plant, ‘‘Why were we surprised?’’ asked Patrick destitute. ˜ animal, reptile and bird life. Elie, a Haitian political activist who fol- ‘‘It’s salty and it has butter and you don’t Global food supplies are also at a very low lowed the food riots in Africa earlier in the know you’re eating dirt,’’ said Olwich Louis ebb. The last time the U.S.’s grain silos were year and feared they might come to Haiti. Jeune, 24, who has taken to eating them so empty was in the early 1970s when Presi- ‘‘When something is coming your way all the more often in recent months. ‘‘It makes your dent Richard Nixon sold the wheat surplus to way from Burkina Faso you should see it stomach quiet down.’’ the USSR because crop failures there were coming. What we had was like a can of gaso- But the grumbling in Haiti these days is no leading to starvation. The U.S. recently told line that the government left for someone to longer confined to the stomach. It is now the World Food Programme to expect a 40 light a match to it.’’ spray-painted on walls of the capital and per cent increase in the price of food in 2008. DWINDLING MENUS shouted by demonstrators. Less food and dearer food has led to riots ´ The rising prices are altering menus, and In recent days, Mr. Preval has patched to- around the world. In Morocco, 34 people were not for the better. In India, people are gether a response, using international aid arrested in January 2008 for taking part in scrimping on milk for their children. Daily money and price reductions by importers to riots over food prices. The situation in Egypt is worse. In a 12–month period up to March bowls of dal are getting thinner, as a bag of cut the price of a sack of rice by about 15 2008, the price of cereals and bread had in- lentils is stretched across a few more meals. percent. He has also trimmed the salaries of creased in Egypt by 48.1 per cent, according Maninder Chand, an auto-rickshaw driver some top officials. But those are considered to Egypt’s Central Agency for Public in New Delhi, said his family had given up temporary measures. Mobilisation and Statistics. The price of eating meat altogether for the last several Real solutions will take years. Haiti, its cooking oil rose by 45.2 per cent. Because of weeks. agriculture industry in shambles, needs to these increases, the Egyptian government Another rickshaw driver, Ravinder Kumar better feed itself. Outside investment is the has relaxed the rules on who is eligible for Gupta, said his wife had stopped seasoning key, although that requires stability, not food aid. This has led to tensions and, if the their daily lentils, their chief source of pro- the sort of widespread looting and violence situation continues, could destabilise the tein, with the usual onion and spices because that the Haitian food riots have fostered. Meanwhile, most of the poorest of the poor government. the price of cooking oil was now out of suffer silently, too weak for activism or too The same is true in Pakistan. Meanwhile, reach. These days, they eat bowls of watery, busy raising the next generation of hungry. at least four people were killed and 20 tasteless dal, seasoned only with salt. In the sprawling slum of Haiti’s Cite´ Soleil, wounded when demonstrations against rising Down Cairo’s Hafziyah Street, peddlers food prices turned into riots in southern selling food from behind wood carts bark out Placide Simone, 29, offered one of her five offspring to a stranger. ‘‘Take one,’’ she said, Haiti. their prices. But few customers can afford My colleagues in the Philippines tell me their fish or chicken, which bake in the hot cradling a listless baby and motioning toward four rail-thin toddlers, none of whom that both the price of rice and insecure sup- sun. Food prices have doubled in two plies of the cereal could do much more to months. had eaten that day. ‘‘You pick. Just feed them.’’ destabilise the government of President Glo- Ahmed Abul Gheit, 25, sat on a cheap, ria Macapagal Arroyo than coup plotters or stained wooden chair by his own pile of rot- [From the Irish Times, Apr. 22, 2008] even charges of gross corruption. All in all ting tomatoes. ‘‘We can’t even find food,’’ he there is little to celebrate on Earth Day, CLIMATE CHANGE DEVASTATION GIVES FOOD said, looking over at his friend Sobhy 2008. FOR THOUGHT ON EARTH DAY Abdullah, 50. Then raising his hands toward Mr. DURBIN. I yield the floor and (By Fr. Sea´ n McDonagh) the sky, as if in prayer, he said, ‘‘May God suggest the absence of a quorum. take the guy I have in mind.’’ Tuesday, April 22nd, is Earth Day. Unfor- The ACTING PRESIDENT pro tem- Mr. Abdullah nodded, knowing full well tunately, there is very little to celebrate that the ‘‘guy’’ was President Hosni Muba- this year, as the devastation of the Earth is pore. The clerk will call the roll. rak. increasing at an extraordinary rate and, in The legislative clerk proceeded to The government’s ability to address the many countries, the poor are feeling the pain call the roll. crisis is limited, however. It already spends of hunger and starvation. f more on subsidies, including gasoline and The major culprit this year is climate bread, than on education and health com- change. Droughts in various parts of the GLOBAL YOUTH SERVICE DAY bined. world, especially Australia, have cut food Mrs. DOLE. Madam President, I rise ‘‘If all the people rise, then the govern- supplies and the rush to grow biofuels leaves today in support of the 20th Annual ment will resolve this,’’ said Raisa Fikry, 50, less land on which to grow food. As a result Global Youth Service Day. This event, whose husband receives a pension equal to food prices have jumped dramatically during the largest service event in the world, about $83 a month, as she shopped for vegeta- the year. Maize is up 31 per cent, rice has in- celebrates the contributions of young bles. ‘‘But everyone has to rise together. creased by 74 per cent, soya is up 87 per cent, People get scared. But we will all have to and wheat is now 130 per cent dearer than it people to better their community, rise together.’’ was last year. country and world through volunta- It is the kind of talk that has prompted the In recent years, concerns about global rism. The day also celebrates contribu- government to treat its economic woes as a warming and the end of the oil era convinced tions by the community, including the

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3383 public, private, and nonprofit sectors, make a positive difference in the lives Vice President CHENEY, who was the to empower young people. of others. I am proud to be an original former CEO of Halliburton, deeply in- Like the youth who participate in cosponsor of legislation designating volved in the oil industry when they the Global Youth Service Day, I gravi- April 25, 2008, as Global Youth Service first came into power, met with rep- tated towards public service at a young Day. resentatives of the oil industry. They age. After graduating from law school, I yield the floor and suggest the ab- are representing, unfortunately, the oil I worked for the Department of Health, sence of a quorum. industry. They are not representing Education and Welfare on the rights The PRESIDING OFFICER (Ms. the consumers of this country or work- and potential contributions of disabled KLOBUCHAR). The clerk will call the ing families. So it is incumbent on the Americans. We all have a contribution roll. Congress now in a comprehensive way to make, and for me, the greatest joy The assistant legislative clerk pro- to start moving forward. in life has come from public service, ceeded to call the roll. This is a complicated issue. I don’t which has enabled me to touch count- Mr. SANDERS. I ask unanimous con- think anyone believes there is one sin- less lives. My mother, Mary Hanford, sent that the order for the quorum call gle cause for the rapid increase in oil who passed away just shy of 103 years be rescinded. prices, nor does anybody believe there The PRESIDING OFFICER. Without old, taught me at a very young age the is one single solution. But we do know objection, it is so ordered. importance of giving back to your some of the causes and what we have to community and helping those around f do to lower the price of oil. If we are you. She taught me that the best thing OIL PRICES going to protect middle-class Ameri- you can leave behind is not found on a Mr. SANDERS. Madam President, cans, working Americans, that is ex- re´sume´ or in a bank account; it is this country faces many problems. All actly what we have to do. found in your character, making a dif- over this country people are worried While oil prices are soaring, what we ference, a positive difference, the lives about decent-paying jobs, the high cost should acknowledge is that the profits of others. of college education, and a disinte- of huge oil companies are also soaring During Global Youth Service Day, grating health care system. They are to recordbreaking levels. We know millions of young people across the worried about the growing gap between hedge fund managers make billions globe will participate in thousands of the very rich and everybody else. But speculating on oil futures, and we community improvement projects. Al- on Saturday, I held three town meet- know OPEC continues to function as a though we commemorate this event ings around the State of Vermont: one price-fixing cartel in violation of the only once a year, Global Youth Service in Norwich in the morning, one in World Trade Organization. Day is a celebration of contributions Radford in the afternoon, and one in a The average price for a gallon of gas made every day by dedicated young small town in northern Vermont in recently hit a recordbreaking $3.53 a people who desire to change the world Danville in the evening. gallon, which has more than doubled one good deed at a time, and by the To nobody’s surprise, the issue that since George W. Bush has been Presi- communities that empower them to do is paramount on people’s minds today dent. The price of diesel fuel is now so. True service is not giving 1 day or is the outrageously high price of gas averaging over $4 a gallon, and the even 1 week a year; it is truly a way of and home heating oil. Vermont is a price of oil is hovering at close to $120 life. rural State, which means people very a barrel. These prices say it all. We The projects carried out for Global often have to travel long distances to have a national emergency on our Youth Service Day focus on issues work. When they pay $3.50 for a gallon hands. The time is now for this Con- ranging from increasing literacy to of gas, it essentially means in most gress, this Senate, to act boldly to pro- protecting the environment and ending cases that any wage increase they tect consumers. hunger. One can see the diversity of might have gotten over the last year Recordbreaking oil and gas prices at the projects and the dedication of the goes right into that gas pump. People the pump are posing a crisis not only participants by looking at those car- are hurting. Wages, in fact, are often to commuters going to work, especially ried out in my home state of North not going up. So the end result is that in rural areas, but family farmers, con- Carolina during last year’s Global people are working longer hours for sumers, small businesses, truckers, air- Youth Service Day. One such project, lower wages. lines, grocery stores, restaurants, ho- the Pfeiffer University Relay for Life, I have talked to many people who tels, tourists, and every sector of our was held a few miles from my home- say: We used to go places. We used to economy. town of Salisbury. This 24-hour relay travel. We can’t afford to do that any- High oil prices are one of the reasons was held to support cancer research more. Also, obviously, in a State such we are moving toward a serious reces- and to raise awareness. Another as Vermont, where the weather gets sion which will impact not just this project, in Charlotte, involved a group very cold in the wintertime, the cost of country but the entire world. doing their own part to protect the en- home heating oil is a real burden. The national oil emergency we are vironment by picking up litter and There are many people in my State and currently experiencing demands both a cleaning a creek in their neighborhood. all over the country who are worried short-term and a long-term solution. Looking back over the years, my be- about how they are going to be able to Long term, we must reduce our depend- lief is it won’t be the cars you drove or heat their homes next winter. ency on fossil fuel, we must move to the titles you held or the awards you We have a national crisis. It is a cri- energy efficiency, we must move to were given that will matter. No, it is sis that is not only impacting on gas sustainable energy—and the potential character, integrity, a caring heart and prices at the pump or home heating oil there is enormous. It is enormous. We compassionate concern and love for prices. It impacts food and every other can save huge amounts of energy when your fellow man that will count for so product we purchase because as oil we have a transportation system that much more. So let me assure you, that prices go up, prices on so many of the enables us to drive hybrid cars, to get just one individual, one person like products we buy are going to go up as cars that get 70, 80 miles per gallon, those who participate in this impor- well. This is a national crisis. where we have a mass transportation tant day, can make a world of dif- The time is long overdue for the system. There is enormous potential in ference . . . even, I might say, a dif- White House and for Congress to begin terms of solar thermal plants, which ferent world. Volunteers are a powerful to move forward in a comprehensive produce huge amounts of electricity. force, and our future depends on people way. I would be less than honest if I There is enormous potential in terms like these youth, who will motivate told you I have a lot of confidence that of wind, other forms of solar. We have and challenge others and make that the Bush-Cheney administration is to focus and invest in those tech- positive difference. going to do what is right. Just a month nologies. No one is ever too young or too old to ago, President Bush, when asked about But over the short term, today, we be involved in shaping our world. I en- the high price of gas at the pump, was have to understand that while we move courage all youth to be inspired on this very surprised to learn, in fact, that it forward in transforming our energy day to use their talents to find ways to was going up. system, we must respond to the pain

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3384 CONGRESSIONAL RECORD — SENATE April 24, 2008 and the distress and the fear Ameri- rageous campaign contributions and Commercial inventories are low, retail cans are feeling today as gas prices yes to consumers who simply cannot prices are high and economic growth is slow. soar. afford to pay these outrageously high The Government should avoid acquiring oil While this is a complicated issue, prices for gas and oil. for the Reserve under these circumstances. there are a number of ways I believe While it is true oil companies and If that advice was relevant in the Congress can act to lower the price of their executives are making out like spring of 2002, it is even more relevant oil. Let me mention a few ideas I be- bandits, it is also true that is not the today. Yet that is exactly the policy lieve we should be pursuing. only cause of the problem. What we are the administration is following. Even First, we need to impose a windfall seeing today is that wealthy specu- though there are over 700 million bar- profits tax on the oil and gas industry. lators and hedge fund managers have rels of oil in the Reserve, the adminis- The American people do not under- also been making obscene profits—bil- tration has plans of putting an addi- stand—I do not understand—why they lions and billions of dollars, in some tional 13 million barrels of oil into our are paying recordbreaking prices at the cases going to individuals—by driving Nation’s stockpile. gas pump, while ExxonMobil has made up the price of oil in unregulated en- There is another issue out there that more profits than any other company ergy markets with no Government we must address, and that is beginning in the history of the world for the past oversight. to understand that OPEC is a cartel 2 consecutive years. The price at the That is why Congress must act to whose function in life is to control oil pump: $3.50 a gallon; ExxonMobil mak- rein in these greedy speculators who production and artificially drive up the ing more profits than any company in often have nothing to do with oil at all. price. It is my view that OPEC is oper- the history of the world. They do not care what they are specu- ating in violation of World Trade Orga- Last year alone, ExxonMobil made lating on. They are just making money nization rules. $40 billion in profits, and rewarded its by driving up profits, and we must act The President of the United States CEO, Rex Tillerson, with $21 million in by closing what has been referred to as should begin action to break up OPEC. total compensation. Now, you may the ‘‘Enron loophole,’’ the loophole Yesterday, I signed a letter, as I be- think that is a lot of money. But a few that enabled Enron to do disastrous lieve the Presiding Officer did, demand- years ago, they rewarded their former things in California some years ago and ing that Saudi Arabia—one of the key CEO, Lee Raymond, with a $400 million on the West Coast. OPEC nations; the largest oil-pro- compensation package when he retired. This loophole was created in 2000 as ducing country in the world—increase Outrageously high prices for oil and part of the Commodity Futures Mod- their production. gas and CEOs at ExxonMobil with huge ernization Act. At the behest of Enron Amazingly, Saudi Arabia is pro- compensation packages. But lobbyists, a provision in this bill was ducing less oil today than they were ExxonMobil is clearly not alone. Chev- inserted in the dark of night and with several years ago. There are experts ron, ConocoPhillips, Shell, and BP no congressional oversight, no congres- who believe they can be producing 1.8 have also been making out like ban- sional hearings. Specifically, the Enron million barrels a day more, which dits. In fact, the five largest oil compa- loophole exempts electronic energy would have a significant impact on nies in this country have made over trading from Federal commodities driving oil prices down. We have to re- $595 billion in profits since George W. laws. Virtually overnight, the loophole mind Saudi Arabia that in 1991, when Bush has been President. freed over-the-counter energy trading Saddam Hussein’s army was going to Let me be very clear. I believe oil from Federal oversight requirements, overrun that country and take their companies should be allowed to make a opening the door to excessive specula- oil, soldiers from the United States of reasonable profit, but they should not tion and energy price manipulation. America put their lives on the line— be allowed to rip off the American peo- Since the Enron loophole has been in died—defending Kuwait, defending ple. Enacting a true windfall profits effect, crude oil prices have jumped Saudi Arabia. That was their time of tax would not raise a dime in revenue from $33.39 a barrel, in 2000, after ad- need. Today it is our time of need. It is but would lead to significantly lower justing for inflation, to over $117 a bar- the world economy’s time of need. gas prices at the pump—something we rel today. Saudi Arabia wants to buy sophisti- need to do today. The reason for that is Last January, a veteran oil analyst cated aircraft from the United States quite simple. There would no longer be at Oppenheimer has estimated there is of America. Well, I say to them, as an incentive for the big oil companies as much as a $57 a barrel ‘‘speculative many of my colleagues say: Friendship to gouge consumers at the pump be- premium’’ on the price of oil. Others is a two-way street. Increase your pro- cause they would not be able to keep have estimated that speculators are duction. Drive down the prices of oil. any of their windfall profits. driving up the price of oil by about 20 Lastly, we must give the President Imposing a windfall profits tax will to 30 percent. the power to impose temporary price not be easy. Since 1998, the oil and gas Closing the Enron loophole would caps to stabilize oil prices when mar- industry has spent—this is quite amaz- subject electronic energy markets to kets are being manipulated. ing—over $600 million on lobbying. proper regulatory oversight by the Today, the Federal Energy Regu- Since 1998, a 10-year period, they have Commodity Futures Trading Commis- latory Commission, FERC, has the au- spent over $600 million on lobbying. sion to prevent price manipulation and thority to impose temporary price caps They own the law firms. They are excessive speculation. on electricity. When it used this au- former Republican leaders, former I would like to thank Senators LEVIN thority to deal with the California en- Democratic leaders, besieging Congress and FEINSTEIN for introducing legisla- ergy crisis created by Enron, elec- to do everything we can to protect the tion to close this loophole. It should be tricity prices fell dramatically. The big oil companies rather than people passed and signed into law as soon as President should have similar author- who are getting ripped off at the gas possible. ity over gas prices. pump. In addition, the Bush administration These are a few of the ideas that are Since 1990, these very same oil and must stop the flow of oil into the Stra- out there. Other people have good gas companies have made over $213 tegic Petroleum Reserve and imme- ideas. My view is we should bring these million in campaign contributions. So diately release oil from this Federal ideas together in a comprehensive way. the folks back home may get an under- stockpile to reduce gas prices. If we do that, and if we stand together standing of why we are not as a body At a time of record-high prices, it in a bipartisan way—if the President of aggressively standing up to these peo- simply makes no sense to continue to the United States decides to represent ple, that has to do with huge amounts take oil off the market and put it into the consumers of this country rather of money in lobbying, huge amounts of the SPR. But do not take my word for than just the oil companies—we can money in campaign contributions. it. Even the staff at the Strategic Pe- keep faith with the American people. But the time is now for the Congress troleum Reserve recommended against We can lower prices. We can deal with to have the courage and for the Presi- buying more oil for SPR in the spring the very severe national crisis this dent of the United States to say no to of 2002. Let me quote from what they country is now facing. the oil and gas lobbyists and their out- had to say about this 6 years ago: Madam President, I yield the floor.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3385 The PRESIDING OFFICER. The Sen- So here are oil company executives here on the floor this morning. But ator from Washington is recognized. saying they do not know of any envi- let’s look at what is really going on Ms. CANTWELL. Madam President, I ronmental regulations. I think this was and whether this price is justified. thank the Senator from Vermont for testimony before the Senate—one of Let’s look at that. his comments about what is a growing our committees. So, obviously, their Again, I think a great source to un- national crisis: the price of oil and the oil company executives are saying that derstand whether this price is justi- price of gasoline at the pump. I con- is not what the problem is. fied—that is, whether there is some- gratulate him for making many impor- They also said environmental regula- thing else going on in the market- tant points relating to this issue and tions are not stopping refinery expan- place—is the oil company executives where the Senate needs to go in trying sions. So they were clear, testifying, themselves because if they are saying to address it. So I look forward to again, before the Senate: oil shouldn’t be at $100 a barrel, then working with him on his ideas and At this time, we are not aware of any why should it be at $100 a barrel? If many of the other ideas my colleagues projects that have been directly prevented as those in the industry are even claiming have to try to give consumers some re- a result of any specific Federal or State reg- it shouldn’t be at this price, then some- ulation. lief at the pump. thing must be wrong and we should act I think many consumers already So you cannot stand on the floor of to correct it. have either turned on their televisions the Senate and blame regulations or But here is the CEO of Marathon Oil or seen through the impact of going to environmental issues for not doing who basically said: the gas station themselves that at $118 something that would impact the price $100 oil isn’t justified by the physical de- a barrel for oil, they are paying at of oil today. It is not true. These are mand in the market. least $3.56 a gallon for gasoline and CEOs, these are people in the business, That is an oil company executive more for diesel. and they are basically saying: No, that owning up to that, just saying right up- But what is important to understand is not the effect. front that it is not about the fact that We have one more from BP who said about this is that oil futures—which is oil should be at $100 a barrel. that it also was not stopping them an indication of the price of oil and im- Let’s look at what some other CEO from doing anything: pacts the physical market’s price of said, this one the CEO of Royal Dutch We do not believe that any Federal or Shell, who just recently, on the 11th of oil—are going to be over $100 for sev- State environmental regulations have pre- eral years, including probably until vented us from expanding refinery capacity this month, basically said that oil fun- 2015. That is, the marketplace has al- or siting a new refinery. damentals are no problem, meaning ready decided it is buying oil at over So here is the oil industry itself say- that is not what the issue is. It isn’t $100 until 2015. So that is going to keep ing that is not what the issue is, that basically supply and demand. They are the price of oil high at over $100 and it is not what the problem is. They have the same as they were when oil was is going to continue to have a signifi- not been back since this time period to selling for $60 a barrel. What he is say- cant impact and it is something we claim any kind of Federal regulation ing is that the fundamentals in the need to take into consideration. or environmental issue. market are the same as when they Now, we have heard a lot of debate on So let’s look at the other issue people were $60 a barrel, so there is no prob- the floor this morning about this issue talk about: inventory. Oh, there must lem with supply and demand. and what the cause of it was. There be inventories related to that issue of Let’s look at another executive from have been a lot of accusations by a lot the fact that you wouldn’t allow us to an energy company. I like this because of different people saying: Here is what drill in the Arctic Wildlife Refuge or he actually just recently testified be- we think the problem is. that it is about these environmental fore the House of Representatives and Well, I wish to go through a couple restrictions and we couldn’t build re- just spit it right out. He just said it things I want to make sure our col- fineries. plain and simple. He said that the price leagues understand is not the problem Here is someone who is an oil analyst of oil should be about $50 to $55 per bar- or not the solution. who on March 10 had this to say about rel. That is an oil company executive First of all, we had people talking inventories: this month testifying before a House about how this was all about more sup- Gasoline inventories are higher than the committee saying that is what the ply, and that if Democrats had not op- historical average at this time of the year, price of oil should be. posed drilling in the Arctic Wildlife so there is really no need to worry about sup- Now, I ask my colleagues, what are Refuge, somehow today we would not ply being too tight. we going to do about this situation have this problem, we would be sitting So this is an oil analyst talking when even the oil company executives here without any kind of oil problem. about the marketplace and basically are testifying—in this case, under oath Well, I wish to remind people that saying: You can’t say this is about before Congress—and basically saying the Energy Information Administra- tight supply as it relates to the fun- there is no justification for this price? tion—our own Federal Government damentals of supply and demand. What are we going to do? Are we going agency—did an analysis of drilling in So is this just about supply and de- to just sit by and do nothing? We have the Arctic National Wildlife Refuge mand? Is it about that? Well, one indi- people in the marketplace who are urg- and said that: vidual from the Truckers Association ing us to do something. Drilling in the Arctic National Wildlife basically just said a few weeks ago: This is from an energy analyst who Refuge would only reduce gasoline prices by The oil market is no longer functioning on basically was just quoted as saying: a penny per gallon, and only in twenty years supply-and-demand fundamentals. Unless the U.S. Government—the U.S. when drilling is at or near peak production. I don’t blame the Truckers Associa- Government—steps in to rein in specu- That would be when it was at peak tion for saying that because they are lators’ power in the market, prices will capacity. So hardly where we are on the front line of out-of-control die- just keep going up. That is an oil in- today—at $118 a barrel—would that sel prices. When they see $4 a gallon for dustry analyst. That is what he is say- have had a significant impact on the their diesel, it takes over $1,000 to fill ing. prices we have today. up a typical tractor trailer, and they Everybody wants a functioning mar- We also heard people say this was can’t make enough money when they ket. Functioning markets mean there about environmental regulations, that are paying that kind of a price. This is transparency, there is not manipula- somehow environmental regulations year, they will pay $22 billion more— tion, it is working well, people can had caused this problem. $22 billion more—for diesel fuel than trust the outcome, and people can Well, let’s hear from the oil company last year’s high prices. So don’t think make investments knowing that some- executives themselves. This one, it is not costing Americans and costing one isn’t gaming the system. That is Shell’s CEO, said: industries that are based on transpor- what a functioning market is. It is We are not aware of any environmental tation and profit margins that are very clear that this individual is saying regulations that have prevented us from ex- low. they are not sure there is a functioning panding refinery capacity or siting a new re- We know there is more to this issue market, and they are basically saying finery. than what people have talked about that unless the U.S. Government steps

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We saw the market go crazy having oversight of oil futures. gressman INSLEE, and myself wrote to and people stand by and say: Oh, you We had a very interesting hearing the Department of Justice and Presi- know what, you didn’t build enough ca- about a year ago where a professor dent Bush on Monday calling for a De- pacity; the environmentalists stopped from American University, I think, partment of Justice oil market fraud it; this and this was wrong, and that is came to testify, and he said: Is ham- task force. We believe it is time to what the problem was. Well, during burger any more important than oil in bring DOJ into the picture to be ag- that time period, guess what happened. America? Because he said that when gressive in working with the CFTC, the We lost nearly 600,000 jobs, and there you look at beef and how it is regu- FTC, the SEC, the Federal Energy Reg- was a $35 billion drop in economic prod- lated and beef futures, there are things ulatory Commission, and any other uct. For us in the Northwest, it cost they have to report. There are trans- Federal agency to be the policeman on our economy billions of dollars, and we parencies in the marketplace. We re- this beat and make sure oil markets are still recovering from it. So now is quire all of this of them, but oil, which are not being further manipulated. not the time to sit and point fingers is essential to our economy, we basi- The last thing we need to do is to that this is about some PAC environ- cally have given exemptions to. So we make sure price gouging is also not oc- mental problem or regulation or need to require oversight of all oil fu- curring. Now, we had language in the ANWR; this is about taking testimony tures. 2007 Energy bill on this issue. I like from individuals and standing up and The third thing we need to do is have this language because it is based on deciding what we are going to do to the Federal Trade Commission write language that 28 States have now that protect our consumers. rules for a law that we passed in 2007. in the case of an emergency, when My colleague from Vermont men- This body did something. That is what prices have gone out of control, it gives tioned a few things, and I wish to men- people should be holding up today— the President the ability to declare an tion a few things, also, because I think holding up the fact that we did some- emergency and to deal with those there are four or five things we should thing to protect consumers. We wrote a prices. We may be getting to that be doing right now to help consumers. new Federal statute basically which point. We may be getting to the point This is a crisis. It demands a response said that manipulation of oil markets where we listen to these oil analysts by the Federal Government. Some of was a Federal crime, that you couldn’t who are saying these prices are going these powers exist within the Federal have any manipulative devices or con- to just keep going up unless the Fed- Government now, some of them we are trivances that manipulated the price of eral Government does something, and working on, but we need to be aggres- oil. Now we are sitting around waiting then I think we are going to have to do sive about protecting our consumers. for the FTC to implement that rule. more than this. But at least we need to The first one my colleague from Now, some people think: Well, maybe do these four things—and I say hope- Vermont mentioned was closing the there is not manipulation in the mar- fully pass this fifth one as well—to Enron loophole. Now, many people may ketplace. I want to give three examples make sure we are giving all the tools not understand what closing the Enron which have happened recently, all in to the administration to protect con- loophole is, but just to give my col- the last few years. They have been the sumers. leagues a little refresher, this debate result of having new statutes on the My colleague from Vermont said it has been going on basically since short- books, but we certainly need to have well. This is about what are we going ly after 2000 when Congress gave a this regulation implemented. One of to do to protect consumers. There are a loophole to electronic trading of en- those examples was British Petroleum. lot of things that have been happening ergy. Basically, what that loophole The company must now pay approxi- since our economy took this more sig- meant is they didn’t have to have the mately $373 million in part for con- nificant downturn. I would say it is a same kind of transparency; that is, we spiring to corner the market and ma- significant downturn because no one don’t have the ability to look at the nipulate the price of propane carried can sustain these oil price impacts books and see whether somebody ma- through the Texas pipeline. So there is across our economy. Yes, there are nipulated the price or was doing some- an example of where regulators got on other things such as housing, but this thing untoward in the marketplace. We the job. Similarly, in 2006, a manipula- is having a significant impact. But if gave them an exemption. tive scheme to game a natural gas mar- you look at some of the solutions we Since that time, Senator FEINSTEIN ket by a now defunct hedge fund cost have done so far, whether we are talk- and then more recently Senator LEVIN, consumers upwards of $9 billion, and in ing about housing or in the banking in- myself, and others have been trying to July of last year, Marathon Oil agreed dustry, we have done a lot for the big close that Enron loophole. We have to pay a $1 million fine to settle organizations. This is about doing been trying to close that Enron loop- charges that Marathon Petroleum something to protect consumers on hole for over 4 years now. If anybody Company, a subsidiary, attempted to price. wants to say there is any responsibility manipulate the crude oil prices in 2003. I hope my colleagues will take this here about what Congress hasn’t done So these are incidents of manipula- list seriously as we propose legislation, and it has impacted the price of en- tion happening. We have an industry and I hope all of my colleagues will ergy, then people ought to look at that is saying it is not about supply join in the Department of Justice their voting record and see whether and demand and the price should really starting this investigation. If you look they voted to close the Enron loophole be anywhere from $50 to $60 a barrel; it at their Web site, they will tell you because that is part of this problem. shouldn’t be at this price. We need the when they started the President’s cor- In addition, we should require over- Federal regulators to do their job. porate task force on fraud, particularly sight of all oil futures; that is, why are The fourth thing we need to do: Hav- relating to Enron, and they started we saying oil futures somehow are less ing gone through this with the incred- making sure traders and others knew important than any other commodity ible crisis of electricity, we learned we they were going to lose their livelihood we trade on the futures market for have various agencies with various and their profession if they manipu- NYMEX or for the Chicago Mercantile oversight, and the Department of Jus- lated the market, people started get- Exchange? They have reporting re- tice did something very wise during ting serious about their actions. quirements. Federal investigators can that time period. It created the Enron At $118 a barrel, we have to send a go and look at their books and see Task Force. It created an Enron Task message by the enforcement agencies whether somebody can manipulate the Force to coordinate all the agencies of the Federal Government that we are market. They have that. But, no, we that could help them in the investiga- going to get serious about challenging are letting some of these oil futures tion of the manipulation and corrup- manipulative activity as it relates to which impact the price of today’s oil— tion and fraud that was perpetrated by oil prices and that we are going to do as I said, from now until 2015, people that company. It worked well. That our job and we are going to demand

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The Senator from Mis- and our diplomatic corps with the re- is extraordinarily difficult to guide a sissippi is recognized. sources they need to implement the bill as significant as this supplemental f policies of the U.S. Government. through the legislative process, par- My concern is, when will we act? And SUPPLEMENTAL APPROPRIATIONS ticularly in an election year. how will we act? Every day, I read sto- But in meeting and striving to engi- Mr. COCHRAN. Mr. President, what- ries speculating about action on the neer all uncertainty out of the process, ever one’s point of view on the war in supplemental. Last week, the Appro- the majority is losing valuable time— Iraq, on whether we should be involved priations Committee held a hearing on time that, in my view, would be better or not in the competition for influence the supplemental with Office of Man- spent marking up the bill, moving it to in that region, the incontrovertible agement and Budget Director Nussle as the floor, and processing amendments fact is, there are men and women in the witness from the administration. It in the regular order. Let’s not forget the U.S. Armed Forces who are there seemed as though we might mark up those who are depending upon the out- trying to protect our interests, carry the bill this week, but that has not oc- come for their livelihood, their ability out the orders of their superiors, and curred. I had hoped that by now a to defend themselves and protect the markup would be definitely scheduled safeguard and defend the United States security interests of our great country. for next week. But that hasn’t occurred against all enemies, foreign and domes- They are the ones who are awaiting our either. Hopefully, a markup will occur tic. And they are in danger of running action. short of equipment and supplies and before we lose yet another week. But I grow more concerned with each Let the Congress work its will. Let the other means necessary to succeed the President make a decision whether in this conflict because requests for passing day. In the other body, it appears the majority will bypass the to sign the bill, and let Congress re- supplemental appropriations are lan- spond, if necessary. Not to make light guishing in the House and Senate Ap- committee altogether and take a bill straight to the House floor. Why they of the Senate schedule over the past 2 propriations Committees, with no cer- would choose to forfeit the detailed weeks, but we should be using this win- tain schedule for reporting out the bills knowledge and expertise of the rel- dow of time that appears to be avail- that must be passed, the bills that evant committee of jurisdiction is be- able to us. In the increasingly political must be passed to support our troops yond me, but that is their decision to atmosphere in which Congress oper- and replenish the accounts that have make. In the Senate, I am not entirely ates, sometimes we have to remind been depleted in this conflict. comfortable that a similar procedure ourselves of our core responsibilities as Mr. President, I am growing increas- isn’t under consideration. I know very Members of this body. In the context of ingly concerned about the status of the well that it would not be Chairman this war supplemental, I think our core President’s fiscal year 2008 request to BYRD’s preference, but I recognize that responsibility is to give the men and provide supplemental funding to sup- such decisions are sometimes made by women of our Armed Forces and diplo- port our ongoing efforts in Afghanistan leadership and not by the chairman. matic corps the resources they need to and Iraq. The President submitted the I am also concerned that the process succeed in the mission they have been bulk of his request in February of 2007 by which Congress will consider the assigned by their Government, and to in conjunction with his regular fiscal supplemental will again be through a do so without undue delay year 2008 budget submission. He did so series of messages between the House We have had the President’s request largely because Congress clearly ex- and the Senate. The House will neither for 14 months—14 months. We have pressed its desire for a full year esti- hold a committee markup nor generate held hearings. Members and staff have mate of war costs. Yet Congress did not an original bill for consideration. As had numerous meetings with adminis- appropriate a full year’s funding. such, it appears there will be no con- tration officials and other interested At the end of last year, Congress ap- ference committee to reconcile dif- parties to discuss the details of the proved only a $70 billion ‘‘bridge fund’’ ferences between the House and Sen- need. We have received an updated re- to support our operations in Iraq and ate. Rather, the committee leadership, port from General Petraeus and Am- Afghanistan until this spring. Enacting as well as the majority leadership in bassador Crocker. even that amount required a pro- the House and Senate, will retire be- Mr. President, it is time to act. tracted struggle between the House, hind closed doors to produce a final I yield the floor. the Senate, and the President. As a re- product for our consideration. The mi- The PRESIDING OFFICER. The Sen- sult, the Department of Defense had to nority will be part of the discussion to ator from North Dakota is recognized. issue furlough notices, make a series of varying degrees, but there will be no Mr. DORGAN. Mr. President, I sug- inefficient transfers and conference meeting to attend, there gest the absence of a quorum. reprogrammings, and generally func- will be no conference votes to decide The PRESIDING OFFICER. The tion in ways that could only detract items of disagreement, and there will clerk will call the roll. from its primary duties. be no conference report for Members to The legislative clerk proceeded to We find ourselves today facing a very sign or not to sign. call the roll. similar situation, more than 14 months None of these procedures are without Mr. DORGAN. Mr. President, I ask after the submission of the President’s precedent. The Republican majority at unanimous consent that the order for request. We have not appropriated, ap- times employed similar tactics to the quorum call be rescinded. proved, or otherwise acted on some $108 move legislation. But I fear that in the The PRESIDING OFFICER. Without billion of the President’s request. The appropriations realm, we are making a objection, it is so ordered. personnel, operations, and mainte- habit of these procedures—a bad habit. f nance accounts that support our activi- Processing bills by exchanging mes- ties in Iraq and Afghanistan are run- sages with the House is becoming the OIL AND GAS PRICES ning low. And by May or June, those norm rather than the exception. For- Mr. DORGAN. Mr. President, I want accounts will run out of money. Soon mal conference committees are becom- to discuss several areas this afternoon. the Department of Defense will once ing rare. It seems that committee One is the excessive market specula- again have to issue furlough notices, markups may be the next part of the tion with respect to the price of oil and initiate transfers and reprogrammings, regular order to go by the boards. This gas. My colleagues have done so, and I and take other inefficient and demor- trend should be of concern to all Mem- will weigh in on that. alizing actions that simply should not bers of the Senate, not just the mem- I think what is happening is not only be necessary. bers of the Appropriations Committee. unfair to the American consumer but I have no doubt that Congress will I get the sense that the majority is damaging to this country’s economy. someday approve a funding bill. While struggling mightily to develop a uni- So I will talk about that in a bit. I

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3388 CONGRESSIONAL RECORD — SENATE April 24, 2008 want to mention that, on Monday of We had a man named Judge Radhi because the American taxpayer is next week, at 2 p.m., I intend to chair come to testify. I asked that he be al- being fleeced and American soldiers are a hearing of the Democratic Policy lowed to testify before the Senate Ap- being disserved by this waste, fraud, Committee, in which we will hear from propriations Committee. He came. He and abuse. three additional whistleblowers on the was appointed by Paul Bremer to be Let me mention one additional exam- issue of waste, fraud, and abuse in con- the head of a Commission on Public In- ple, which may seem like a small mat- tracting in Iraq. tegrity in Iraq. They tried to kill him ter, but is symptomatic of a larger I have held a lot of hearings over a three times because the folks over problem. Henry Bunting, a wonderful number of years with respect to con- there didn’t like somebody looking man who worked in Kuwait as a buyer tracting in Iraq. It is the most unbe- over their shoulders. for Halliburton Corporation, brought a lievable waste, fraud, and abuse in the He said they pursued thousands of towel to a hearing. He held it up. He history of this country. On Monday, we cases of corruption; $18 billion had been said: We were buying towels for Amer- will hear from whistleblowers who will pilfered and wasted, most of it Amer- ican soldiers. Here is a towel I was sup- tell us about the infamous burn pits in ican money. He talked about $3 billion posed to buy, a white towel. So I or- Iraq, where in many cases valuable spent by the former Defense Ministry dered white towels. equipment is taken to be burned. In of Iraq ordering airplanes that never My supervisor said: You can’t buy other cases, equipment has been pil- arrived in Iraq because it is likely the that white towel. You need to buy a fered and taken into the black market. money ended up in a Swiss bank ac- towel that has the logo of our com- It is an unbelievable tale. But it just count. pany, embroidered in silk. fits in with the other things we have Judge Radhi said, $18 billion he esti- I said it will triple, quadruple the heard. mated was wasted, most of it American cost. The supervisor said: It doesn’t I will not go through all the exam- money. matter, it is a cost-plus contract. We ples. I have spoken about them at great Does that surprise anybody? We lift- will earn more money. length. Presumably, some are under ed C–130 cargo loads of one-hundred- Unbelievable. criminal investigation. One would ex- dollar bills out of this country to fly Bunnatine Greenhouse came to tes- pect and hope that the Defense Depart- them to Iraq. In a war zone, you are tify. The price of her testimony was ment would begin to debar some con- distributing one-hundred-dollar bills her job. She was the highest civilian of- tractors that are, in my judgment, out of the back of pickup trucks. Is it ficial in the U.S. Army Corps of Engi- cheating the American taxpayers. any wonder this is the most waste, neers. She said this awarding of the Let me give a few examples. A con- fraud, and abuse we have ever seen? LOGCAP Rio contracts was the most tractor is charging for 42,000 meals a In 1940, at the start of the Second blatant abuse of contracting authority day they are serving to U.S. soldiers. It World War, Harry Truman, then serv- she had seen in her entire career. For is discovered they are only serving ing in this body, helped create a bipar- that it cost her job. 14,000 meals, overcharging by 28,000 tisan committee. It became known as I have told my colleagues before, I meals a day. I don’t know, maybe you the Truman Committee. It cost $15,000 called the general at home at night can miss a cheeseburger or two on the and saved $15 billion. They did 60 hear- who has since retired, who hired bill someplace. But how do you over- ings a year for 7 years—60 hearings a Bunnatine Greenhouse, who was judged charge for 28,000 meals a day? year for 7 years. They issued sub- to be one of the best contracting offi- An American contractor is paid to re- poenas. When they saw waste, fraud, cials we ever had. I called him at home habilitate 140 Iraqi health clinics and and abuse, they stopped it. They were at night. gets paid over $100 million, paid for serious. It was a bipartisan investiga- I said: General Ballard, tell me about with American dollars. The money is tive committee right here in this Bunnatine Greenhouse. He said she was gone, but there are no health clinics. I Chamber. tops and what happened to her was guess there are maybe 20 of them with This war in Iraq has gone on 5 years. wrong, dreadfully wrong. shoddy construction. I have held hearing after hearing She blew the whistle on the good old An Iraqi doctor who knows that an chronicling the waste, fraud, and boys network, and now her case is be- American contractor was paid to reha- abuse. And it is unbelievable. hind a shroud in the Defense Depart- bilitate health clinics in rural areas We read that one of the largest con- ment like all the rest of these issues— goes to the Iraqi Health Minister and tractors we have engaged in Iraq, the under investigation, they say. When says: I would like to tour these clinics Halliburton Corporation, has been pay- will the investigation be done? When that the American taxpayers paid to ing 10,000 of their U.S. employees will it end? rehabilitate because health is such an through a subsidiary in the Cayman Is- Halliburton KBR was contracted to important need. The Interior Minister lands that has no staffing at all, just provide water to the military bases in of Iraq said: You don’t understand, an office address. Why would they do Iraq. That was their job. A man named most of these are imaginary clinics. that? Why would they hire Americans Ben who was in Iraq working for Halli- I had a guy come to a hearing I held, and run their payroll through the Cay- burton came and said: We were pro- and he saw $85,000 trucks being burned man Islands? So they don’t have to pay viding water but were not checking on the side of the road, left on the side payroll taxes to the U.S. Government. the—were not testing the water. of the road because they didn’t have a When this supplemental comes to the It turns out the nonpotable water wrench to fix a flat tire. The road was floor of the Senate in the next week or was more contaminated than raw safe, the only reason they left the two, I am going to offer an amendment water from the Euphrates River. That trucks by the side of the road was be- that says any contractor doing that is what our soldiers were showering in, cause they could make a profit by buy- should not be getting any more con- shaving with, and often brushing their ing another one. Mr. President, $85,000 tracts. teeth with. trucks torched because they had a At some point, does anybody have Then I got hold of an internal Halli- plugged fuel pump. What is the big deal the nerve to stand up and say this has burton document—I believe it was 21 about that? The contractor will simply to stop? Is there at least a small group pages—written by Will Granger, the reorder new trucks because the Amer- of people, perhaps a quorum, who man in charge of water quality in Iraq ican taxpayers are going to be stuck would say this has to stop? What we for Halliburton. He said this was a near with that bill. It is a cost-plus con- should do and what I have tried and I miss. It could have caused mass sick- tract. say with the support of Senator REID— ness and death. This was an internal How about $7,600 a month for leasing and I appreciate his support—we have document leaked to me from inside SUVs? How about $45 for a case of tried very hard to create a Truman- Halliburton, written by a man in Coca-Cola? How long do we have to type committee on behalf of the Amer- charge of water in Iraq: A near miss, come to the floor of the Senate and ican taxpayers to say: Stop this waste, could have caused sickness and death. talk about this unbelievable, utter stop this fraud, stop this abuse. We had whistleblowers from inside waste of the American taxpayers’ dol- We have been unable to do that in the company say this is what hap- lars? three votes in the Senate. I regret that pened: Water more contaminated than

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3389 raw water from the Euphrates River Miami Beach. They got $300 million in it is a privileged piece of legislation. being sent to these camps. Halliburton contracts from the U.S. Department of My resolution of disapproval, passed by said it didn’t happen—despite the fact I the Army to provide munitions and the Commerce Committee today, will had the evidence—didn’t happen, never weapons to the Afghan army and po- come to the Senate as a privileged res- happened, not true. The U.S. Army lice. olution. It will be on the calendar now. said: Didn’t happen, never happened. I What ended up in Afghanistan was, in I am going to consult with Senator did not understand that. I would have many cases, ammunition from the mid- REID, and I will visit with the minor- thought the U.S. Army would have 1960s, manufactured by the Chinese in ity, and find a time to bring it up and been apoplectic on behalf of the health boxes that were taped and coming have a vote to disapprove the rule that of its troops. apart. This was a company that got was enacted by the Federal Commu- So I asked the inspector general: Do over $300 million. nications Commission, which, in my an investigation, will you, and tell me Should somebody ask the U.S. De- judgment, stands logic on its head. what the facts are. partment of the Army and the f The inspector general did the inves- Sustainment Command of the Depart- tigation and just finished a month and ment of the Army in Illinois how on OIL MARKET SPECULATION a half ago. Guess what? The whistle- Earth did this happen? How did you Mr. DORGAN. Mr. President, the blowers were right. So why did the U.S. think you would get by with this? How final matter I want to talk about today Army declare to us it didn’t? I under- are you going to explain this to the is this issue of the price of oil and the stand the company deciding it will not American taxpayers? price of gasoline and excessive specula- admit to anything. What about the We desperately need to establish a tion. There has been some discussion U.S. Army? In fact, they sent a general Truman committee to investigate this today about this, and I want to make to this Congress, to the Armed Services issue. The American taxpayers deserve this point. Committee, to say these incidents no less, in my judgment. We have seen a dramatic runup in the never happened. Now we have an in- f price of oil and, therefore, the price of spector general report that not only MEDIA MARKET CONCENTRATION gasoline. There is no justification with demonstrates that the general testified respect to the fundamentals of oil and inappropriately, was wrong, deceived Mr. DORGAN. Mr. President, I wish supply and demand for that. There is the Congress, but that the inspector to mention, this morning out of the no justification for it at all, but some- general had provided that information Senate Commerce Committee, thanks thing has changed in this country. to the Pentagon prior to them sending to Senator INOUYE’s and Senator STE- What has changed is the futures mar- the general up here to tell us informa- VENS’ support of my legislation, we ket has become an orgy of speculation. tion that was not accurate. passed legislation that will veto a rule Let me quote a man named Mr. Fadel It just goes on and on. that was passed by the Federal Com- Gheit, a top analyst from Oppenheimer Mr. President, we need to have a Tru- munications Commission that allows and Co. He has been in this business for man committee. I know my message is for more consolidation in America’s 30 years. He said this a couple of tiresome to some, but it doesn’t matter media. months ago. much to me. This Congress owes it to The Federal Communications Com- mission decided they want more con- There is absolutely no shortage of oil. I’m the American people to do what pre- absolutely convinced that oil prices vious Congresses have done during war- centration in the media, despite the shouldn’t be a dime above $55 a barrel. Oil time, and that is properly investigate fact that most of what Americans hear, speculators include the largest financial in- the waste, the fraud, and the abuse on see, and read every single day is di- stitutions in the world. I call it the world’s the most significant expenditure of rected by about five or six major cor- largest gambling hall. It’s open 24/7. It’s to- taxpayers’ money that has ever oc- porations in America. They think we tally unregulated. This is like a highway curred ever in the history of this coun- need more concentration. So they with no cops and no speed limit and try for contractors. We shoveled money passed a rule that says it is going to be everybody’s going 120 miles per hour.’’ out this door. It is unbelievable. And OK to allow newspapers to buy tele- This is happening in the futures mar- almost no oversight. vision stations in the same city. ket. You need a futures market to I brought to the floor of the Senate We have had a prohibition against hedge. You need it for liquidity. I un- many times a picture of a man who tes- that action for a while. It is called derstand that. What has happened to tified with bricks of one-hundred-dollar cross-ownership. They did their rule. the futures market is pretty bizarre. bills wrapped in Saran Wrap. He said it The Chairman of the Federal Commu- We now see on the futures market 20 was the Wild West. We told contrac- nications Commission was very anx- times the amount of oil bought and tors: Come to this building and bring a ious to get this rule done and serve sold every day than is used every day. bag because we pay in cash. whatever master he was serving. They Twenty times more is bought and sold I described that in the context of a did their rule, but today we passed a than is used. For the first time, we see company called Custer Battles. Two veto resolution out of the Commerce hedge funds up to their neck in the fu- guys who had virtually no contracting Committee, a disapproval of the rule tures market. Is it because hedge funds experience in a very short time got by the Federal Communications Com- love oil? No, they don’t know anything many millions of dollars worth of con- mission that would allow greater con- about oil. Do they want oil delivered to tracts. And they were then found to centration in the media. their offices? Do they want oil deliv- have defrauded the Coalition Provi- The last thing we need is more con- ered to their homes? No. They never sional Authority. centration in the media. We have all want to own any oil. They want to buy I came to the floor a week or two ago these supporters that come to the Sen- things they will never get from people and said the New York Times did some ate floor who say: What are you talk- who never had it. That is the way the enterprising reporting—good for them, ing about? We have all these new out- futures market works. These people are and I say to those reporters: You did lets. Go to the Internet. See how many speculating. Hedge funds are neck deep some great work, work that probably sites there are. Go to cable television. speculating in oil futures, and for the could have and should have been done See how many channels there are. I first time investment banks have by the Congress in the recent past. say: Yes, a lot of new choices but from joined them. So you now have big in- I showed a picture of a man named the same ventriloquist, the same vestment banks and big hedge funds Ephraim, 22 years old, and his 25-year- source. with a presence in the futures market old vice president who was a massage One guy testified before the Com- like never before. They have all these therapist—a 22-year-old CEO of a commerce Committee and said, for exam- commodity corners in their company pany and a 25-year-old massage thera- ple, on cable television in my office, 48 now, and they are hiring more, and pist as the vice president. They ran a channels are on basic tier and 42 of they are speculating at an unbelievable company that was a shell corporation those channels belong to the same five rate. set up by the 22-year-old’s dad some or six major companies. That bill will I am told, and I have read, that in- years ago out of an unmarked office in come to the floor of the Senate because vestment banks for the first time are

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3390 CONGRESSIONAL RECORD — SENATE April 24, 2008 even buying oil storage capability to you $5,000 to $7,000. That doesn’t make The legislative clerk proceeded to buy oil and take it off the market. any sense. call the roll. Why? To wait until it increases. So That encourages speculation. That Mr. NELSON of Florida. Mr. Presi- now we have oil upwards to $120 a bar- encourages the speculation that pushes dent, I ask unanimous consent the rel because we have so much rampant the runup of these prices. I believe the quorum call be rescinded. speculation or outright gambling in margin requirement ought to be at The PRESIDING OFFICER. Without these markets. least 25 percent at this point, during objection, it is so ordered. What does that mean for the folks this period of aggressive speculation. f driving a Chevrolet down the road, get- So I am putting together a piece of leg- FLORIDA PRESIDENTIAL PRIMARY ting low on gas and trying to figure out islation on that as well. how to get to a gas pump, and how to You know, I want this country to de- Mr. NELSON of Florida. Mr. Presi- pay the bill when they get there? Well, velop an energy policy that makes us dent, I want to address the Senate on the folks in the hedge funds, these much less dependent on foreign sources two subjects. I will be brief. The task has fallen to this Senator folks in the investment banks on these of oil, engages in much more conserva- from Florida to continue to try to commodity markets that are engaged tion, and much more efficiency. We press the chairman of my party and its in the 24/7 casinos, are going to the should produce more. I am one of the executive committee, in the form of bank. Man, they are going to the bank four Senators who helped pass the leg- the Democratic National Committee, big time. I am talking billions and bil- islation finally that opened up Lease to recognize the votes of 1.75 million lions of dollars. It is pretty unbeliev- 181 in the Gulf of Mexico in 2006. So I Florida Democrats who went to the believe in additional production. I be- able. When you have a person drive up polls on January 29, a turnout of twice lieve we ought to conserve more. I be- to the gas pump and fill that car with any previous turnout in a Presidential lieve we need more efficiency, and I be- gas, a portion of that money now goes primary, to express their preference for lieve we need to pay much more atten- to this carnival of speculation in the the nominee of our party. They did so tion to renewable energy. futures market to reward the specu- in those huge numbers, they did so in a All those things are important. All of lators. A portion of it, of course, goes duly called election by Florida law, them are important. But right at the to the OPEC cartel too. These are folks which caused all of the rhubarb in the moment we have a circumstance where who sit around in a closed room with a first place because the legislature of we have an administration sticking oil locked door and make decisions about the State of Florida moved ahead of under the ground at the wrong time, price and about production. the date set by the two parties after which puts upward pressure on oil and I might add, while I am at it, that which they would then be punished by Saudi Arabia, by the way, has 800,000 gas. We also have hedge funds and in- the party rules. barrels a day less production on the vestment banks hip deep in the futures Both party rules provided that the market than they did 2 years ago— market speculating and making bil- two parties would be punished if they 800,000 barrels a day, every day. That lions of dollars on speculating. At the moved earlier than the date of Feb- means a lot in terms of what might same time, they are driving up the ruary 5 for their primary. The party happen in that market. price of oil and gas for American fami- rules in both parties said that half of So we have a lot of things going on lies and doing great damage to this the delegates would be taken away. In- here. What should we do about it? Well, country’s economy. deed, that is what the Republican Na- in addition to all of that, the Bush ad- It is not just the family, and it is not tional Committee did. But not so the ministration is deciding they want to just the business. It is not just the Democratic National Committee, for stick, and they are sticking, 60,000 to truckers and not just the airlines that they decided to take a full pound of 70,000 barrels of oil underground every are hurt. This country is experiencing flesh and take away all the delegates single day in something called the significant economic damage as a re- and say the election didn’t count. Strategic Petroleum Reserve. We have sult of the runup in these prices. I There are some people who are think- an SPR to save for a national emer- think there are reasons for us to come ing, even though they felt passionately gency. Well, they are buying oil at $118 to the floor on an urgent basis and take about it at the time, the way all this a barrel coming off the Gulf of Mexico obvious steps to deal with it. I have worked out, since we don’t have a as a royalty in kind transfers. They are mentioned several, and there are more. nominee yet at an early day like the taking $118-a-barrel oil and putting it But I only want to make the point that Republican nominee, I think some peo- in the ground, 60,000 to 70,000 barrels a this is not some passing fancy that is ple are thinking maybe this should day. going to be a magnet for a lot of dis- have been worked out a long time ago, With oil at record highs, it is Byzan- cussion. This is a very serious, real such as last summer, before this ever tine to see this administration saying problem that is doing significant dam- came to a head. we have to do more to fill the SPR. age to this country’s economy. But it is what it is, and all the at- This is at a time when the Strategic There is a lot to do next week and tempts at finding a compromise that Reserve is 97 percent filled. So they the week after, and I will be intro- can seat the Florida delegation at the take oil out of the supply, which puts ducing some additional legislation. I convention have all come to naught be- upward pressure on oil and gas. will be anxiously awaiting the appro- cause of the inability of the two can- When the supplemental appropria- priations supplemental legislation. didacies to come to a conclusion as to tions bill comes to the floor of the Sen- When the emergency supplemental ap- what they would be able to accept. ate, I intend to offer that amendment propriations bill comes to this floor, ei- The bottom line is that seating Flor- as well, to stop putting oil under- ther in the Appropriations Committee ida, whether you seat them according ground in SPR when oil is above $75 a or on this floor, we must be given the to the DNC rules, taking away half the barrel. I mean, this doesn’t take a res- opportunity—and will be given the op- delegates, or seating the whole delega- ervoir of common sense. It just takes a portunity—to offer the kind of amend- tion, advantages one candidacy and it few grains of common sense from some- ments I have suggested. This will in- disadvantages the other candidacy. As body who might actually help to fix clude an amendment that stops the a practical matter, I think it is going this problem. putting of oil underground in the SPR to be difficult to get an accommoda- What I also want to do is to increase at a time when oil is priced at $118 a tion and agreement to do it. the margin requirements on the ex- barrel. This is just one of the obvious But I want everybody to understand change. If you buy stock on margin, things we can do to stop penalizing that the Democratic National Com- you pay a 50-percent margin require- American consumers and damaging mittee can take away delegates—they ment to buy stock. If you want to con- this country’s economy. have that authority. But the Demo- trol oil by going into the futures mar- Mr. President, with that, I yield the cratic National Committee cannot ket for oil, you pay 5 to 7 percent. You floor, and I suggest the absence of a deny the certification of a legal elec- pay a 50-percent margin for stock, but quorum. tion by Florida voters. You can’t deny 5 to 7 percent for oil. If you want to The PRESIDING OFFICER. The that. It is a fact. It is a certified elec- control $100,000 worth of oil, it will cost clerk will call the roll. tion under Florida law. That was a

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3391 legal election under Florida law and it around 2 million Armenians, of whom and those for years to come. May God was a clean election under Florida law. 1.5 million men, women, and children bless them and all of those who fight The Democratic National Committee were killed. Those fortunate enough to on their behalf. cannot deny that certification of that survive the massacres, forced marches, Mr. BIDEN. Mr. President, I rise legal election. and deliberate starvation, were ejected today to commemorate the 93rd anni- Sadly, one of the byproducts of all from their homeland. versary of the Armenian genocide. this is that in listening to what the In response to reports of these hor- On April 24, 1915, an ancient nation latest Gallup poll says, one-half of all rific events, U.S. Ambassador to the faced extermination when officials of the Democrats in the United States Ottoman Empire Henry Morgenthau, the Ottoman Government initiated a think all of this fracas is hurting the Sr. explicitly condemned the policy of series of raids in which hundreds of Ar- party—one-half of all the Democrats in the Government of the Ottoman Em- menians were arrested and subse- the country. When you combine that pire as ‘‘a campaign of race extermi- quently deported or killed. Isolated in- latest Gallup Poll with the fact that nation.’’ Moreover, Ambassador Mor- cidents of brutality had occurred be- months ago a poll in Florida showed genthau was praised by U.S. Secretary fore, but sadly this event marked the that 22 percent of Independent Florida of State Robert Lansing for his efforts beginning of a campaign of murder, de- voters, 22 percent of Independents in ‘‘to stop Armenian persecution.’’ portation, and forced starvation. When Florida, would be less likely to vote for Perhaps more significant to the the violence ultimately ended, as many the Democratic nominee in November Chamber in which I stand today was as 1.5 million Armenians had died and because of the way that Florida is the passage of S. Con. Res. 12 on Feb- 500,000 were exiled. Armenians all but being treated by the Democratic Na- ruary 9, 1916. This prescient piece of disappeared from land their people had tional Committee: Democratic Na- legislation not only acknowledged that occupied for centuries. The American Ambassador to the tional Committee, you better wake up. a colossal tragedy had ensued in the Ottoman Empire at the time was the We have a problem on our hands. midst of the Great War, but also re- distinguished Henry Morgenthau who What we ought to be doing is looking solved that the President of the United described the horrors perpetrated at November. As the old colloquialism States ‘‘designate a day on which the against the Armenians as the ‘‘murder says, we better watch out or we are citizens of this country may give expression to their sympathy by contrib- of a nation.’’ going to be cutting off our nose to spite Just this week, the Senate Foreign uting funds now being raised for the re- our face. Relations Committee, which I have the lief of the Armenians,’’ who, at that f honor to chair, had a hearing on the time, were enduring ‘‘starvation, dis- systematic murder of innocents in EQUAL PAY ease, and untold suffering’’ at the Darfur. The incident serves as an im- Mr. NELSON of Florida. Mr. Presi- hands of the Ottoman leadership. portant reminder that an open discus- dent, it is hard for me to understand Less than 4 years later, while the Ar- sion of the Armenian genocide is crit- how the Senate cannot support equal menian genocide continued, the Senate ical. Since the 1915 ethnic cleansing, pay for equal work, the same for would also pass S. Res. 359, which stat- the murder by a government of its own women as for men. That happened yes- ed, in part, that recent congressional citizens has occurred again and again. terday, on a vote of 56 in favor of pro- testimony ‘‘clearly established the It is depressing to think that human ceeding to the bill on equal pay for truth of the reported massacres and beings have not learned their lesson. equal work and 43 against. I do not un- other atrocities from which the Arme- The whole world is diminished, wound- derstand that. nian people have suffered.’’ ed, and made poorer by such tragedies I say to my friends in the Senate, What is worse is my wife and many and we must not forget them if we hope given how our esteemed colleagues of other spouses of Senators cannot un- to prevent them. The commemoration derstand that. I assure you, they are the past reflected on this terrible trag- of this act of brutality and systematic letting their husbands and spouses edy, I cannot help but think that they murder 93 years ago is important and know how they feel—that they cannot would have surely labeled these atroc- relevant not only for the survivors and understand how the Senate cannot pro- ities as genocide if only the word had their descendents, but for humanity as ceed to a bill for equal pay for equal been coined. The United States has a a whole. work for women. rich history of defending human rights, f I hope the next time we try to move standing up for the oppressed, and to a bill for which we have to hit the speaking the truth about genocide. TRIBUTE TO DAN CHERRY 60-vote threshold to get over the fili- However, in spite of support from Mem- Mr. MCCONNELL. Mr. President, I buster to get to the bill—we need 4 bers of Congress and leaders in the Ar- rise today to pay tribute to a good more votes—I hope somewhere over menian community, the official policy friend, Dan Cherry. A retired U.S. Air there we are going to be able to get of the executive branch of the United Force brigadier general, Dan Cherry is them when we bring up equal pay for States still does not recognize the Ar- a respected Kentuckian and a man of equal work for women. menian genocide. character. I yield the floor. I am so proud that my home state of During his time in the Air Force, f Nevada, with its vibrant Armenian- General Cherry volunteered for combat American community, and 40 other duty in 1966 and 1971, flying over 295 COMMEMORATING THE 93RD ANNI- U.S. States have, by legislation or missions, most of them over North VERSARY OF THE ARMENIAN proclamation, already recognized the Vietnam. On one of those missions in GENOCIDE Armenian Genocide. In fact, on April April 1972, General Cherry shot down Mr. REID. Mr. President, I rise 11, 2000, former Nevada Governor the plane of a Vietnamese soldier, today, on the 93rd anniversary of the Kenny Guinn proclaimed April 24, 2000, Nguyen Hong My. onset of the Armenian genocide, to as a day of remembrance of ‘‘The First General Cherry always wondered honor the victims of this terrible trag- Genocide of the 20th Century.’’ what happened to the pilot that he shot edy and to reiterate my unwavering I would also like to congratulate the down, and he recently was given the support for the United States Govern- Armenian-Americans of southern Ne- chance to meet him. General Cherry ment to officially recognize as geno- vada for planning yet another success- and Hong My met face to face in Viet- cide the series of atrocities carried out ful Armenian Genocide Commemora- nam almost 36 years to the day of Gen- against the Armenian population by tion event on the campus of the Uni- eral Cherry’s shooting down Hong My’s the Ottoman Empire beginning on versity of Nevada-Las Vegas. It is so MiG–21 fighter. April 24, 1915. wonderful to see this community from Mr. President, I ask my colleagues to It truly saddens me that after 93 my home county come together each join me in honoring Brigadier General years, the United States has failed to year to honor the survivors and their Dan Cherry, who through his actions of acknowledge the Armenian genocide deceased brethren, and I wish my Ar- patronage and reconciliation has for what it was. Between 1915 and 1923, menian friends in Nevada the best of shown us what it means to be a true the Ottoman Empire forcibly deported luck with this year’s commemoration American, and Kentuckian. Recently

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3392 CONGRESSIONAL RECORD — SENATE April 24, 2008 the Bowling Green Daily Newspaper City. Over dinner, My asked if Cherry would full-time woman worker does not make published a story about General Cherry visit his home in Hanoi. Cherry—already as much as the typical man in any and the remarkable story of his jour- planning to go to Hanoi the next day as a State. At the present rate of progress, ney to Vietnam. I ask unanimous con- tourist—thought My meant some indefinite it will take 50 years to close the wage time in the future; it turned out he meant sent that the full article be printed in the next day. When Cherry agreed, My gap nationwide. the RECORD. changed his own travel schedule so they In 2007, women were paid 77 cents for There being no objection, the mate- could be on the same flight. every dollar men received. That is $23 rial was ordered to be printed in the My’s house, it turned out, was within less for every $100 worth of work RECORD, as follows: walking distance of Cherry’s hotel. That women do—$23 less to spend on gro- [From the Bowling Green Daily News, Apr. night he and his friends Larry Bailey and ceries, housing, child care, and other 13, 2008] John Fleck made their way to My’s house expenses. Nationwide, working families along streets teeming with motor scooters, VIETNAM VET REUNITES WITH PILOT HE SHOT lose $200 billion of income annually to Cherry said. DOWN IN ’72 They had dinner with My’s family, and the wage gap. (By Jim Gaines) Cherry got to hold his former opponent’s 1- Over a lifetime of work, the 23 cents BOWLING GREEN, KY.—On April 6, Dan year-old grandson, he said. on the dollar women are losing adds up. Cherry and Nguyen Hong My were back in ‘‘It was just a tremendous experience to be The average 25-year-old working the air near Hanoi, capital of Vietnam. welcomed so completely,’’ Cherry said. ‘‘I’ve woman will lose more than $523,000 to Almost 36 years before—on April 16, 1972— made a good friend in Mr. Hong My.’’ unequal pay during her working life. Cherry shot down My’s MiG–21 fighter in the In return, he gave My a bottle of bourbon These figures are even worse for women same area. and invited him to visit Bowling Green, per- of color. And because women are paid My parachuted as his plane crashed, break- haps later this year, he said. ing his arms in the process; and now Cherry’s My offered to guide them around the city less now, they have less money to set plane, an F4D Phantom II, is restored to its the next day, showing up at 8 a.m. in a car aside for retirement, and they will earn wartime colors and parked in the Aviation with his son-in-law and friend. He took them lower pensions than men. Heritage Park on Three Springs Road. to one site after another, including a number Part of the motivation behind Take Last week, the two men flew together past of military museums that ordinary tourists Your Daughters and Sons to Work Day the scene of their earlier encounter, chatting wouldn’t get to see, Cherry said. They saw is to expose children of both genders to in the comfortable seats of a jetliner on their past displays of Soviet-built fighter planes, professional fields that historically way to My’s home. including MiG–21s like the one My flew in have been dominated by men. This day ‘‘It was, I guess, the most amazing experi- 1972, he said. ence I’ve ever had in my lifetime,’’ Cherry Cherry also visited the ‘‘Hanoi Hilton’’— is one of many initiatives developed to said. the building made notorious as a prison for encourage girls and young women in Cherry volunteered for combat duty in American pilots shot down over North Viet- their education and professional jour- Southeast Asia in 1966, then for a second nam. It’s now a museum. Most of the exhib- neys. Professional and student organi- tour in 1971. He flew 295 missions, most of its, though, are devoted to the Vietnamese zations, such as the Society of Women them over North Vietnam. He retired as a who were held there during the decades of Engineers, offer a support network for brigadier general in the U.S. Air Force and French rule, Cherry said; there’s only one those young women who are making went on to a career in Kentucky state gov- small room describing its time as a prison their mark in professions that histori- ernment and managing the Kentucky for Americans. TriModal Transpark. The overall impression he had of Vietnam cally have not seen many women. But, Cherry said, he often wondered what is that what the Vietnamese call the ‘‘Amer- Take Your Daughters and Sons to happened to the pilot he shot down. When ican War’’ has been put far behind them, he Work Day can help both girls and boys the Aviation Heritage Park was in its plan- said. see the career opportunities that may ning stages 21⁄2 years ago, one of its local ‘‘They’re moving on to the future. They be open to them if they stay in school, backers half-jokingly suggested trying to don’t hold any grudges,’’ Cherry said. set goals, and study. I commend the find the MiG pilot. My also asked for help with one task: He employers and employees who are able Cherry worked through friends to contact shot down an American plane, too, but be- to participate today. I would also like a reunion show on Vietnamese TV, which lieves that pilot was killed, Cherry said. So worked through the Ministry of Defense to he asked if Cherry could help him find that to congratulate and encourage the chil- identify Nguyen Hung My. pilot’s family. He would like to express his dren who are sizing up options for their In December, a producer of the show— respect and condolences, Cherry said. future careers. Let us keep in mind called ‘‘As If We Never Parted’’—e-mailed f today that we need to keep working to Cherry with the news and asked if he’d ap- enable every child to achieve his or her pear on the show. NATIONAL TAKE YOUR DAUGHTER full potential, and we need to ensure After flying to Vietnam for his first visit AND SON TO WORK DAY that women are fully and fairly com- since the war, he went to the TV studio April 5. According to Cherry, the show’s host in- Mr. DURBIN. Mr. President, April 24 pensated for all the work they do. troduced him and told the audience about his is Take Your Daughters and Sons to Mr. PRYOR. Mr. President, I rise in life. After showing pictures of Cherry’s fam- Work Day, which is a great oppor- honor of today’s Take Our Daughters ily, she introduced My. tunity for people who are in a position and Sons to Work Day when, over the Cherry said he was nervous, wondering how to do so to give their kids a better idea past 15 years, individuals, families and he’d be received. But My smiled as he came of what they do for a living. In my of- workplaces have joined in expanding out and shook Cherry’s hand. Through an in- fice, we had a short social time this opportunities and transforming the terpreter, My said he was glad to meet Cher- morning to allow the children of staff lives of millions of girls and boys both ry. The anchor told about My’s life, his four years of flight training in the Soviet Union members to gather and talk about nationally and internationally. I want and his war service. their experience. Participation in Take to take this opportunity to discuss the Thanh Nien News, a major newspaper in Ho Your Daughters and Sons to Work Day importance of family in creating an ac- Chi Minh City which publishes in Viet- can be fun for the parents and the chil- tive and resourceful citizenship and namese and English, reported on the pilots’ dren. But at its heart, this day is a part workforce for the future. As our Nation meeting. According to that story, My said of a broad effort to reach pay equity continues in its historical role as a he’d never thought about looking for the for women. melting pot, the importance of inter- pilot who once shot him down. After the war, On Tuesday, we marked Equal Pay national adoption in the fabric of he studied English and finance, and worked for an insurance company, the paper said. Day, the point in 2008 when the average American families continues to grow. My flew for two more years after recov- woman’s wages finally catch up with Mr. PAUL Hanly Furfey stated that ering from his bail-out injuries, speaks Chi- what the average man earned in 2007. ‘‘The first, the most fundamental right nese and Russian, has a great sense of The numbers are sobering. of childhood is the right to be loved. humor, and is obviously highly respected by Equal pay has been the law since The child comes into the world alone, friends and family, Cherry said. 1963. But today, 45 years later, women defenseless, without resource. Only After the show, the two sat down back- are still paid less than men—even when love can stand between his helplessness stage and talked about flying and their respective families. women have similar education, skills, and the savagery of a harsh world.’’ ‘‘We hit it off really well,’’ Cherry said. and experience. While women’s wages Families created or expanded by inter- Later, they and the TV staff went to a have risen in all States, in inflation- national adoption are unique and spe- rooftop restaurant in downtown Ho Chi Minh adjusted dollars, since 1989, the typical cial, open to cultural differences and

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3393 sharing in the common elements of EXPANDED DNA COLLECTION rests and will likely have a dispropor- mankind, compassion and love. Mr. LEAHY. Mr. President, I was tionate impact on minorities and the The United Nations Population Divi- concerned to learn from the news- poor. This policy may also make it sion gathered data from more than 100 papers last week that the Federal Gov- harder for innocent people to have countries and found that in a world of ernment is getting ready to publish a their DNA expunged from government 2.2 billion children under the age of 18, rule sanctioning the collection of DNA databases. fewer than 12 per 100,000 are being samples from all citizens arrested for Since I first spoke out against this adopted. In other words, in a total Federal crimes and from many people provision in 2005, we have only seen global population of 6.5 billion, there detained as illegal immigrants. These more examples of abuses of power by are only about 260,000 adoptions of all samples may even be kept permanently this administration, including the Jus- kinds annually including those within as part of the Government’s DNA data- tice Department’s improper firing of countries, across borders and of step base even if a person is ultimately ex- prosecutors for political reasons and children. In the United States we have onerated. the FBI’s abuse of national security seen an upward trend in international I have long supported the analysis of letter power given in the PATRIOT adoptions from 7,083 in 1990 to 17,718 in DNA evidence to catch the guilty and Act. In this light, the added power to 2000 and over 20,000 international adop- exonerate the innocent. In 2000, I intro- collect and keep DNA information tions in 2007. duced the Innocence Protection Act, from potentially innocent people gives which included the Kirk Bloodsworth even more cause for concern. I have received several letters of con- Post-Conviction DNA Testing Grant I will study the proposed rules and cern from many Arkansans inquiring Program for defendants. This program, policy carefully, and the Judiciary as to what the U.S. Government is where appropriate, gave defendants ac- Committee will perform careful over- doing to help these children find their cess to the postconviction DNA testing sight of its implementation. We must way to loving homes in Arkansas. In necessary to prove their innocence in ensure that DNA evidence is used ag- fact, the United States has taken sev- those cases where the system got it gressively and efficiently to make us eral important steps to protect the grievously wrong. As a former pros- safer, but also that it is used in a care- rights of the child and to assist fami- ecutor, I was acutely aware that DNA ful and appropriate way that secures lies in the international adoption proc- testing could help prevent both the our rights and increases our confidence ess. From a global level, the Conven- conviction of innocent defendants, and in our justice system. tion on Protection of Children and Co- the criminal justice nightmare of the f operation in Respect of Inter-country real wrongdoer remaining undiscovered NATIONAL CHILD CARE WORTHY Adoption—Hague Adoption Conven- and possibly at large. tion—a broad multilateral treaty, was In 2004, Congress passed the Inno- WAGE DAY signed by the United States in March cence Protection Act as an important Mr. KENNEDY. Mr. President, I of 1994. In 2000, the Senate and the part of the Justice for All Act. Con- strongly support a resolution by Sen- House passed the Intercountry Adop- gress recognized the need for important ator MENENDEZ supporting National tion Act of 2000 to implement the Con- changes in criminal justice forensics Child Care Worthy Wage Day. I hope vention. In 2006, the Department of despite resistance from the current ad- that it will shine a brighter light on State issued the final rule on the Ac- ministration. The Justice for All Act the many challenges facing the early creditation and Approval of Agencies authorized several other important childhood education and care commu- and Persons to implement the Conven- programs to encourage the use of DNA nity and the importance of attracting tion and the Intercountry Adoption evidence, which I strongly supported, and retaining excellent childcare work- Act. notably including the Debbie Smith ers. Legislation to help adoptive families DNA Backlog Grant Program to elimi- Across the country today, nearly pay for expenses associated with adop- nate the nationwide backlog of rape two-thirds of children under the age of tion procedures was signed by Presi- kits and other evidence awaiting DNA 5 are in some form of nonparental care dent Bill Clinton in 1996 to make im- testing in crime labs around the coun- while their parents are at work and provements to the Internal Revenue try. That important program has more and more research emphasizes Code to add a two-part adoption assist- helped law enforcement to find the per- that learning begins at birth. The qual- ance tax relief program. The tax relief petrators of terrible crimes throughout ity of early care that children receive for adoption expenses has helped many the country and to ease the ordeal that has a profound impact on the rest of families to be able to afford the finan- crime victims go through. their lives. cial costs of the actual adoption proc- But DNA testing, like any powerful Children in high-quality early care ess. The Department of Homeland Se- tool—and particularly any powerful and education programs are 30 percent curity now issues immigrant visas to tool in the hands of the government more likely to graduate from high children entering the United States must be used carefully. If abused, it school and twice as likely to go to col- with adoptive parents who are U.S. can infringe on the privacy and civil lege. They are also 40 percent less like- citizens under the I–800 Visa Program, liberties of Americans while doing lit- ly to be held back a grade or need ex- making them U.S. citizens when they tle to prevent crime. I am concerned pensive special education programs. reach U.S. soil. that the policy just announced may do Childcare is particularly effective for exactly that. at-risk students. Important studies, in- On my part, I have signed several let- When Senator KYL proposed the leg- cluding the research of both Nobel Lau- ters to international leaders con- islation that formed the basis for this reate Economist James Heckman and cerning the importance of trans- policy, I said that it raised serious pri- Chairman of the Federal Reserve Ben parency in the adoption process in all vacy concerns. Right now, a person’s Bernanke, show that quality early care countries, particularly in the signato- DNA can be collected immediately and education can break the cycle of ries of the Hague Adoption Convention. upon arrest, and it can be used imme- poverty and crime. Heckman’s survey Our recognition of today’s Take Our diately to search the DNA indexes for a of at-risk boys who receive quality Daughters and Sons to Work Day pro- possible ‘‘hit.’’ But it cannot be added early education found that less than 10 vides us with a great opportunity to to the Federal index unless and until percent of boys who participate will be recognize the unique role and contribu- the person has been formally charged convicted of a crime and less than 2 tions of adoptive families in our coun- with a crime. This new policy allows percent will end up on welfare—rates try. Families created through adoption DNA to be entered for those who have significantly lower than for those who are special. They go through so much been arrested but not charged. do not receive such support. time and energy to find each other. We This change adds little or no value The key to assuring quality early must celebrate these families who for law enforcement, while intruding childhood education and care for our through perseverance and determina- on the privacy rights of people who are, youth is access to a highly qualified ed- tion become whole and provide a loving in our system, presumed innocent. It ucator or caregiver. Despite the obvi- environment for our next generation. creates an incentive for pretextual ar- ous importance of their work, however,

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3394 CONGRESSIONAL RECORD — SENATE April 24, 2008 child care providers are underpaid, un- most vulnerable are children under the Supreme Court. In that decision, the supported and undervalued. age of 5; every 30 seconds a child dies of court overturned a rape conviction be- These providers are responsible for malaria. Pregnant women are also at cause the victim was wearing tight the social, emotional and mental devel- high risk; 10,000 expectant mothers per- jeans at the time of the attack and opment of the children in their care. ish each year from the disease. Malaria must have helped her rapist remove They teach skills that young children exacts an enormous economic and so- them. Women and men around the need in order to be ready to read and cial toll as well, costing the poorest world were rightly outraged by the ver- learn when they go to school. They countries in the world billions of dol- dict, and wearing jeans on Denim Day help young children learn about the lars each year in lost productivity, has become an international symbol of world around them and how to interact working days, revenue, and invest- protest, calling attention to the hor- with others. Yet the average salary of ment. With global weather patterns rible crime of rape and the destructive an early care and education workers is changing, malaria is spreading further, attitudes that prevent sexual assault $18,820, and less than a third of them reaching areas that were previously victims from receiving justice. have health insurance. unaffected. Every 2 minutes, someone in the In Massachusetts, those numbers are Last month, the Foreign Relations United States is sexually assaulted. only marginally better—childcare Committee approved a bipartisan bill Despite its prevalence, sexual assault workers are paid a little over $10 an that could, over the course of time, is one of the most underreported hour and earn $22,760 annually. By help to save millions of lives by pro- crimes in the world, meaning many comparison, registered nurses make viding people with the means to pre- attackers never spend a day in prison $37,511 a year, police officers earn vent and treat malaria. I am proud to for their offenses. Denim Day in New $37,078, and K through 12 teachers earn have sponsored this bill, along with Jersey will send a strong and powerful $32,306. Senator LUGAR and our other col- message that sexual assault is always The story of Melvina Vandross is typ- leagues. This legislation, S. 2731, the wrong. ical. She has spent the last 20 years Tom Lantos and Henry J. Hyde United I hope this observance will encourage caring for children in poor families in States Global Leadership Against HIV/ more sexual assault victims to come New York City. Due to the lack of suf- AIDS, Tuberculosis, and Malaria Reau- forward and hold their attacker ac- ficient Federal subsidies, she makes thorization Act of 2008, authorizes up countable, as well as provide some less than $19,000 a year in one of the to $5 billion over the next 5 years to comfort to the victims of sexual as- world’s most expensive cities. She has combat malaria, a dramatic increase in sault, who will know that they are not no health insurance, and could not af- resources. It also formally establishes alone. ford to get her son the tutor he needed the position of a global malaria coordi- Once again, I would like to recognize to succeed in school. Her commitment nator to oversee U.S. programs and April 28, 2008, as ‘‘Denim Day’’ in New to the futures of some of the Nation’s strengthens U.S. participation in the Jersey and reiterate my strong support least fortunate children has made it multilateral global fund to fight AIDS, for observing this important day. nearly impossible for her to provide for tuberculosis, and malaria. These ef- herself and her family. forts will build on the dramatic early f Melvina’s story is unacceptable. It is success of the President’s malaria ini- HONORING OUR ARMED FORCES unacceptable that Head Start teachers tiative, which was launched 3 years ago in Montana qualify for Habitat for Hu- by President Bush. Already, under this CORPORAL KYLE WESTON WILKS manity homes. The men and women initiative, the island of Zanzibar has Mr. PRYOR. Mr. President, I join Ar- who shape the lives of our Nation’s witnessed a 95 percent reduction in in- kansans today in mourning the loss of children deserve fair wages and bene- fection rates among children. Through Cpl Kyle Weston Wilks of Rogers, AR. fits. The sacrifice we are asking of bednets, spraying of homes, and pro- He paid the ultimate sacrifice to stand them for their indispensible work is viding drugs, we can replicate that suc- up for democracy and peace. We are too high. cess on a much broader scale. grateful for Corporal Wilks’ service to Inadequate wages and benefits have Similar legislation has passed the our Nation and we will honor his mem- made it difficult to recruit and retain House of Representatives, and our bill ory. I know his family and friends will qualified childcare providers. Turnover received a strong vote of support in remember this fallen hero’s great smile rates are going through the roof. Al- committee here. It is my hope that the and penchant for life, including playing most 30 percent of child care providers Senate will soon take up S. 2731, that sports and watching Razorback foot- leave the field every year. Neither we will debate whatever differences we ball and NASCAR. their wages nor their turnaround rates may have and vote on it, and that the A marine with the 24th Marine Expe- are acceptable. If we want our children President will be able to sign it into ditionary Unit since September 2004, to be cared for by qualified providers law well in advance of the G–8 meeting Corporal Wilks helped with the evacu- who have a good education and sound in July. If so, he will be in an excellent ation of Beirut in 2006 and most re- understanding of child development, we position to help convince other coun- cently served in Afghanistan. During must see that they are fairly com- tries to undertake similar commit- this time, Corporal Wilks was awarded pensated and supported, commensurate ments. Even more important, we will the Good Conduct Medal, Humani- with their contribution to our na- let the people of Africa and other hard- tarian Service Medal, Global War on tional, civic and economic well-being. hit areas of the globe know that the Terrorism Service Medal, Global War They are indeed deserving of a worthy United States is sustaining the com- on Terrorism Expeditionary Medal, Na- wage for their worthy work that is so mitments that it first made in 2003 tional Defense Service Medal, and the important for the Nation’s future. I when Congress passed the original Sea Service Deployment Ribbon. urge my colleagues to support this im- United States Leadership Against HIV/ Before his second deployment, Cor- portant resolution. We owe it to the AIDS, Tuberculosis, and Malaria Act. poral Wilks visited New York to see Ground Zero, which reaffirmed his Nation’s childcare providers, and we f owe it to our Nation’s children and commitment to military service and their families. DENIM DAY his country. He was a true patriot who f Mr. LAUTENBERG. Mr. President, I planned to use his training as a mili- rise today to recognize April 28, 2008, as tary policeman to begin a career in law WORLD MALARIA DAY the first annual ‘‘Denim Day’’ in New enforcement. Mr. BIDEN. Mr. President, April 25 is Jersey. Mr. President, Arkansas has now lost World Malaria Day. That is the day Each year, Denim Day is observed in over 70 soldiers in the wars in Iraq and that the world pauses to acknowledge communities across the country to Afghanistan. As long as I serve in pub- that over a million people a year die of raise awareness and educate the public lic office, I will work to honor their a disease borne by mosquitoes, a dis- about rape and sexual assault. The ob- service, live up to their courage, and ease that we know how to prevent, a servance was created in response to an protect the principles they fought to disease that we know how to treat. The appalling 1998 decision of the Italian preserve.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3395 Corporal Wilks has said his parents, trict court decision. They said that Ms. to file discrimination suits under Fed- Randy and Kathy Wilks, were his he- Ledbetter filed her case too late. They eral law—while restoring longstanding roes. My prayers are with them, as well said she needed to file her complaint precedent that was regrettably re- as his sister Makayla, during this dif- within 180 days after the alleged unlaw- versed by the U.S. Supreme Court last ficult time. ful employment practice occurred. year. f Rightly, Ms. Ledbetter appealed to I firmly believe that America should the U.S. Supreme Court. In its 5-to-4 be a global leader on issues related to LILLY LEDBETTER FAIR PAY ACT decision, the Supreme Court held that gender discrimination and equal pay, Mr. SALAZAR. Mr. President, I wish the 180-day statute of limitations be- but with its decision in Ledbetter v. today to strongly support the Lilly gins when the original discriminatory Goodyear Tire & Rubber Co., the Su- Ledbetter Fair Pay Act, which would act occurs. Whether the worker even preme Court telegraphed entirely the clarify the laws against pay discrimi- knew that the discriminatory decision wrong message to the rest of the world nation. I would like to thank Senator was made is of no consequence. Wheth- about the value of equal pay for equal KENNEDY, chairman of the Health, Em- er they were discriminated against for work—and ignored the realities of pay ployment, Labor and Pensions Com- 1 or 20 years is also insignificant under discrimination. Furthermore, with the mittee, for his leadership on the bill. the Court’s majority decision. economy in crisis, gas prices sky-high, He has been a tireless champion for It is critical to understand the pro- and housing values falling, it is all the civil rights and I applaud his work. found impact of the Court’s decision. If more critical we not lose vital ground Mr. President, we as Americans are an employee cannot challenge a dis- on fair pay. bound by a powerful idea—a revolu- criminatory paycheck beyond the 180 It is no secret that women play a tionary idea—that our nation is a work days that the employer made the dis- substantial leadership role in our Na- in progress. It is an idea etched in the criminatory decision, companies that tion—we are business leaders, entre- words of the Constitution: ‘‘to form a discriminate cannot be held account- preneurs, politicians, mothers, and more perfect union.’’ It is an idea that able for their actions. Six months after much more. But regrettably, wage dis- has inspired some of our Nation’s a discriminatory action, the bad actor crimination still exists and has re- greatest achievements—abolishing is in the clear. This was certainly not mained constant for many years. In slavery, banning segregation, and ex- the intent of Congress when it enacted 1963, the year of the Equal Pay Act’s panding voting rights. It is an idea the Civil Rights Act of 1964. passage, full-time working women were that brings the best out of our public In her dissenting opinion, Justice paid 59 cents on average to the dollar service. Ginsburg raised a good question and a received by men. In 2004, more than 40 This week in the Senate we have an matter of common sense. How was Ms. years later, women were only paid 77 opportunity to take another important Ledbetter supposed to know, and there- cents for every dollar earned by men. step along our path of progress—to fore complain, when she was first given What is even more troubling is that, make our union more perfect. according to a National Academy of It is no secret that pay gaps exist in a lower raise than her male counter- Sciences report, between one-third and our country. Gender, race, national ori- parts? Goodyear, like many employers, one-half of the wage disparities begin, age, disability, or religion should kept salaries and raises confidential. not have any effect on a worker’s pay. The Lilly Ledbetter Fair Pay Act tween men and women cannot ade- But, sadly, they do. Nationally, women would correct this injustice. The bill quately be explained by differences in earn 77 cents for every dollar that men would amend title VII of the Civil experience, education, or other legiti- earn. In Colorado, women earn 79 cents Rights Act of 1964 and other civil mate qualifications. And notably, this for every dollar that men earn. The in- rights laws to make clear that the 180- wage discrimination exists despite the equities are even clearer when you day statute of limitations on a pay dis- passage of the Equal Pay Act that break the numbers in Colorado down crimination claim, based on gender, made it illegal to pay women less than by ethnicity. On average, African- race, national origin, religion, age or men for performing equal work. American women earn 61.2 percent of disability, would restart every time an Wage discrimination also continues what White men earn. Asian-American employee receives any wages or bene- to exist despite the 1964 Civil Rights women earn 68.4 percent; Hispanic fits affected by the discriminatory act. Act, which outlawed discrimination in women earn 52.4 percent; and Native This was the law of the land for dec- employment and wages on the basis of American/Alaskan Native women only ades, with the exception of three sex, race, color, religion, and national earn 54.7 percent of what White men States, until the U.S. Supreme Court origin. This pernicious injustice con- earn. decision, Ledbetter v. Goodyear. tinues despite Congress passing the These pay disparities persist partly The Lilly Ledbetter Fair Pay Act 1991 Civil Rights Act, which I strongly because women still occupy fewer high- should receive the unanimous support supported, along with most of my col- paying jobs than men. But they also of this body. We should all agree on the leagues on both sides of the political persist because of continued pay dis- principle of ‘equal pay for equal work.’ aisle. crimination in the workplace. We have We should all agree that pay discrimi- As a former cochair of the Congres- laws on the books to make pay dis- nation has no place in a 21st century sional Caucus for Women’s Issues, I crimination illegal, but those laws can America. And we should all agree that have been a longtime advocate in the be improved. when there is a clear problem with the pay equity debate. As some of my col- Lilly Ledbetter’s case is a classic, existing law, we should correct it. leagues may remember, in 1984, Rep- and tragic, example. Ms. Ledbetter We have come a long way over the resentative Claudine Schneider, R–RI, worked for the Goodyear Tire and Rub- last 21⁄2 centuries toward opening the Representative Nancy Johnson R–CT, ber Company in Gadsden, AL, for 19 doors of opportunity to every Amer- and I wrote to the Reagan administra- years. She was a manager, a position ican. But ours is a nation still in tion asking that it prevent the Justice predominately occupied by men at the progress, and our Union can still be Department from weighing in against company. After early retirement, Ms. perfected. AFSCME v. Washington, which sup- Ledbetter learned, from an anonymous I urge my colleagues to support this ported the concept of pay equity. And note, that male managers at the com- bill. as a Member of the House of Represent- pany were making 20 to 40 percent Ms. SNOWE. Mr. President, I rise atives, I repeatedly introduced bipar- more than she was making in the same today to speak in strong support of the tisan resolutions that would have es- job. Fair Pay Restoration Act, S. 1843,—and tablished a commission to study com- So Ms. Ledbetter took Goodyear to I am proud to be an original cosponsor pensation practices in Congress from court. The jury found that the com- of this bipartisan measure, introduced 1984 to 1993. It is therefore simply un- pany violated her rights under title VII by Senator KENNEDY and supported by conscionable to imagine that in this of the Civil Rights Act of 1964. They 40 of my colleagues in the Senate. This day and age, wage-setting practices are awarded her back pay and damages. bill would rightly provide victims of still being affected by historical gender The Court of Appeals for the Elev- workplace gender discrimination with biases resulting in the undervaluation enth Circuit, however, reversed the dis- the reasonable timeframe they deserve of work and low pay for women.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3396 CONGRESSIONAL RECORD — SENATE April 24, 2008 Sadly, the Supreme Court’s decision remarks be included in the CONGRES- Lane Community College in Eugene, in Ledbetter will make it virtually im- SIONAL RECORD. OR was recently commended for their possible for women workers to close f certificate and 2-year degree programs the wage gap and to receive the rem- ADDITIONAL STATEMENTS which train students in energy man- edies they deserve when they are dis- agement and renewable energy. Grad- criminated against. This decision rep- uates of the program are in high de- resents an enormous step backward for HONORING RETIRED MAJOR D. mand by renewable energy companies. women and for any person alleging pay BROCK FOSTER Lane Community College is quickly discrimination. ∑ Mr. BROWN. Mr. President, I wish to gaining recognition as a national lead- Lilly Ledbetter’s story poignantly honor the service of a great Amer- er in sustainability and has won five coupled with this unfortunate ruling ican—U.S. Air Force retired MAJ D. awards in the past 2 years, including reminds us that wage discrimination Brock Foster. the Campus Sustainability Leadership persists across our Nation. It is there- A native of Ohio who served his coun- Award from the Association for the Ad- fore long past time we reversed the Su- try in World War II, Korea, and Viet- vancement of Sustainability in Higher preme Court’s decision in Ledbetter nam, Major Foster demonstrated un- Education, and the Outstanding Col- and clarified that laws against pay dis- common courage while flying as an A– lege Recycling Program Award from crimination apply to every paycheck or 1 Skyraider during a rescue mission the National Recycling Coalition. other compensation a worker receives. near the Ho Chi Minh Trail on June 28, The Oregon Institute of Technology, And Senator KENNEDY’s Fair Pay Res- 1968. At great risk to his personal safe- OIT, also has earned distinction for of- toration Act would reestablish a fair ty, Major Foster remained in the res- fering the Nation’s first 4-year under- rule for filing claims of pay discrimina- cue area amid heavy antiaircraft artil- graduate degree program in renewable tion based on race, national origin, lery and enemy fire to make repeated energy. The Institute is on track to gender, religion, age or disability. passes to protect the rescue helicopter. This bipartisan measure would also Major Foster’s selfless heroism enabled graduate the first class of students this impose a reasonable time limit for fil- year. Graduating students can seek ing pay discrimination claims and the successful rescue of the Navy pilot who had been encircled by hostile employment in variety of fields includ- would start the clock for filing pay dis- ing design, engineering, installation, crimination claims when compensation forces for more than 39 hours. Nearly 40 years later, Major Foster is auditing and programming within the is received, rather than when the em- receiving long overdue recognition for renewable energy sector. Additionally, ployer decides to discriminate. Each OIT is working to become the only col- discriminatory paycheck would restart his sacrifice and valor and will be awarded the Distinguished Flying lege campus in the world to be com- the clock for filing a pay discrimina- pletely powered by geothermal energy. tion claim and as long as workers file Cross. Given to those who distinguish their claims within 180 days of a dis- themselves in aerial flight by taking I believe that we have a responsi- criminatory paycheck, their charges heroic actions above and beyond the bility to encourage efforts to increase will be considered timely. This meas- call of duty, the Distinguished Flying the availability of renewable energy ure would restore the precedent applied Cross is a fitting recognition of Major and conserve our natural resources. Or- by nine courts of appeals and the Equal Foster’s unwavering dedication to the egon continues to build on a long his- Employment Opportunity Commission service of the United States. tory of innovation in environmental in pay discrimination cases until the I am proud to honor this great Ohi- policy and practice. These community Supreme Court’s May 29, 2007. It would oan. His heroic actions and dedication colleges are leading the way in edu- also maintain the current limits on the to the U.S. Air Force and his fellow cating these workers and providing amount employers owe. servicemen are an inspiration to all highly skilled workers to the rapidly The bill would also restore congres- Americans.∑ expanding renewable energy sector in sional intent, by mirroring language f our State and the Nation. I commend prohibiting discriminatory seniority WORKER EDUCATION them for their efforts and pledge my systems, which was included in the ∑ Mr. SMITH. Mr. President, today I full support as they move forward.∑ landmark Civil Rights Act of 1991. The highlight the importance of acknowl- bill was signed by President George H. edging and celebrating extraordinary f W. Bush in 1991, and I was pleased to efforts by Americans who have led the support this measure which passed way in protecting and preserving COMMENDING WAUKESHA HOME with overwhelmingly bipartisan sup- America’s natural resources. I am hon- DESIGN CENTER port. Some contend this bill would ‘‘exac- ored to congratulate three educational ∑ Ms SNOWE. Mr. President, this week erbate the existing heavy burden on institutions in my State of Oregon, Co- is National Small Business Week, a the courts by encouraging the filing of lumbia Gorge Community College, time to celebrate the critical role stale claims’’ . . . that it would allow Lane Community College and the Or- small businesses play in powering our employees to bring a claim of pay or egon Institute of Technology. economy. Indeed, as ranking member Recently, Columbia Gorge Commu- other employment-related discrimina- of the U.S. Senate Committee on Small nity College received $1.6 million to tion years or even decades after the al- Business and Entrepreneurship, I am support the college’s community-based leged discrimination occurred. That is constantly reminded of how crucial job training program to develop skilled simply an exaggeration. The fact is— small businesses are to maintaining employers would not have to adjust for technicians for renewable energy facilities such as wind, solar, hydropower our economic vitality. Nationally, salary differences that occurred dec- small firms represent 99.7 percent of all ades ago. Current law limits back pay and biofuels production. The funding is part of the Department of Labor’s businesses and have generated 60 to 80 awards to 2 years before the worker percent of net new jobs over the past filed a job discrimination claim under Community-Based Job Training Grant Initiative to help community colleges decade. On occasion, one of these small title VII of the Civil Rights Act of 1964, businesses goes above and beyond the and this bill would not change this 2- provide area students and workers with the skills needed to stay competitive call of social responsibility with an act year limit on back pay. of true thoughtfulness and generosity. I cannot overstate my support for the in up-and-coming industries. The pro- Michael Costigan and the employees of Fair Pay Restoration Act, and I en- gram is the only one of its kind on the the Waukesha Home Design Center in courage my colleagues in the Senate to west coast. Just in the Pacific North- southeastern Wisconsin recently an- vote for this legislation tomorrow to west, developers of wind energy facili- swered this call to action and made a ensure equal pay for women and mi- ties will need 300–500 additional work- difference in their community. norities in the workforce. Discrimina- ers in the next decade. Since the fall of tion of any kind in the workplace 2007, Columbia Gorge Community Col- The story begins several weeks ago, should not be tolerated. It is time the lege has offered a 1-year Certificate when a selfish individual posing as a law reflected that. and a 2-year Associate of Applied worker stole a television from the Za- Thank you. Mr. President, I request Science Degree in Renewable Energy blocki Veterans Affairs Medical Center unanimous consent that a copy of my Technology. in Milwaukee, WI. This was a cowardly

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3397 and despicable act, and I hope that the and the international financial institutions MEASURES REFERRED by low-income countries, and for other pur- perpetrator is brought to justice. After The following bills were read the first the theft, elderly and sick veterans at poses. H.R. 3033. An act to improve Federal agen- and the second times by unanimous the center were preparing to adjust to cy awards and oversight of contracts and as- consent, and referred as indicated: watching their favorite movies, TV sistance and to strengthen accountability of H.R. 2634. An act to provide for greater re- shows, and Milwaukee Brewers games the government-wide suspension and debar- sponsibility in lending and expanded can- on an older and smaller television, ment system. cellation of debts owed to the United States until a local businessman heard what H.R. 3721. An act to designate the facility and the international financial institutions had happened on the radio. of the United States Postal Service located by low-income countries, and for other pur- at 1190 Lorena Road in Lorena, Texas, as the Michael Costigan, the general man- poses; to the Committee on Foreign Rela- ‘‘Marine Gunnery Sgt. John D. Fry Post Of- tions. ager of the Waukesha Home Design fice Building’’. H.R. 3033. An act to improve Federal agen- Center and a veteran himself, was in- H.R. 3928. An act to amend the Federal cy awards and oversight of contracts and as- censed by this incident, and decided to Funding Accountability and Transparency sistance and to strengthen accountability of take action. He and the company’s 25 Act of 2006 to require certain recipients of Federal funds to disclose the names and the Government-wide suspension and debar- employees, many of whom are also vet- ment system; to the Committee on Home- erans, immediately made arrange- total compensation of their most highly compensated officers, and for other purposes. land Security and Governmental Affairs. ments to donate a 52-inch flat-panel H.R. 4185. An act to designate the facility H.R. 3721. An act to designate the facility high-definition television to the Vet- of the United States Postal Service located of the United States Postal Service located erans Center. Just this morning, Mr. at 11151 Valley Boulevard in El Monte, Cali- at 1190 Lorena Road in Lorena, Texas, as the Costigan and other employees person- fornia, as the ‘‘Marisol Heredia Post Office ‘‘Marine Gunnery Sgt. John D. Fry Post Of- ally delivered the television to a group Building’’. fice Building’’; to the Committee on Home- land Security and Governmental Affairs. of ecstatic veterans, who will no longer H.R. 5479. An act to designate the facility of the United States Postal Service located H.R. 3928. To amend the Federal Funding suffer because of the inconsideration of at 117 North Kidd Street in Ionia, Michigan, Accountability and Transparency Act of 2006 another. I am pleased to hear that the as the ‘‘Alonzo Woodruff Post Office Build- to require certain recipients of Federal funds residents have already set up their ing’’. to disclose the names and total compensa- Nintendo Wii to play bowling. H.R. 5483. An act to designate the facility tion of their most highly compensated offi- I am highlighting this compelling of the United States Postal Service located cers, and for other purpose; to the Com- story on the Senate floor today beat 10449 White Granite Drive in Oakton, Vir- mittee on Homeland Security and Govern- ginia, as the ‘‘Private First Class David H. cause of the example it sets for each mental Affairs. Sharrett II Post Office Building’’. H.R. 4185. An act to designate the facility and every one of us. The company has H.R. 5528. An act to designate the facility of the United States Postal Service located only been in business since November of the United States Postal Service located at 11151 Valley Boulevard in El Monte, Cali- of last year, but they have already at 120 Commercial Street in Brockton, Mas- fornia, as the ‘‘Marisol Heredia Post Office made a lasting impression on their sachusetts, as the ‘‘Rocky Marciano Post Of- Building’’; to the Committee on Homeland local area. While we in Congress must fice Building’’. Security and Governmental Affairs. H.R. 5613. An act to extend certain mora- do all that we can to support our na- H.R. 5479. An act to designate the facility toria and impose additional moratoria on of the United States Postal Service located tion’s heroic and patriotic veterans, it certain Medicaid regulations through April is good to see that there are individ- at 117 North Kidd Street in Ionia, Michigan, 1, 2009, and for other purposes. as the ‘‘Alonzo Woodruff Post Office Build- H.R. 5712. An act to require disclosure by uals and businesses caring for those ing’’; to the Committee on Homeland Secu- Federal contractors of certain violations re- who have given so much to defend our rity and Governmental Affairs. lating to the award or performance of Fed- country’s freedoms. My heartfelt grati- H.R. 5483. An act to designate the facility eral contracts. tude and appreciation goes out to Mi- H.R. 5819. An act to amend the Small Busi- of the United States Postal Service located chael Costigan and the Waukesha ness Act to improve the Small Business In- at 10449 White Granite Drive in Oakton, Vir- Home Design Center’s employees for novation Research (SBIR) program and the ginia, as the ‘‘Private First Class David H. their work of selflessness and charity, Small Business Technology Transfer (STTR) Sharrett II Post Office Building’’; to the and I wish them a bright future in all program, and for other purposes. Committee on Homeland Security and Gov- ∑ ernmental Affairs. of their endeavors. The message also announced that the H.R. 5528. An act to designate the facility f House has passed the following bill, of the United States Postal Service located without amendment: at 120 Commercial Street in Brockton, Mas- MESSAGES FROM THE PRESIDENT S. 2903. An act to amend Public Law 110–196 sachusetts, as the ‘‘Rocky Marciano Post Of- Messages from the President of the to provide for a temporary extension of pro- fice Building’’; to the Committee on Home- United States were communicated to grams authorized by the Farm Security and land Security and Governmental Affairs. Rural Investment Act of 2002 beyond April H.R. 5819. An act to amend the Small Busi- the Senate by Mr. Williams, one of his 25, 2008. ness Act to improve the Small Business In- secretaries. The message further announced that novation Research (SBIR) program and the f the House has agreed to the following Small Business Technology Transfer (STTR) concurrent resolution, in which it re- program, and for other purposes; to the Com- EXECUTIVE MESSAGES REFERRED mittee on Small Business and Entrepreneur- quests the concurrence of the Senate: ship. As in executive session the Presiding H. Con. Res. 322. Concurrent resolution rec- Officer laid before the Senate messages ognizing the 60th anniversary of the found- f from the President of the United ing of the modern State of Israel and re- MEASURES READ THE FIRST TIME States submitting sundry nominations affirming the bonds of close friendship and and a withdrawal which were referred cooperation between the United States and The following bills were read the first to the appropriate committees. Israel. time: (The nominations received today are f H.R. 5613. To extend certain moratoria and impose additional moratoria on certain Med- printed at the end of the Senate pro- ENROLLED BILL SIGNED ceedings.) icaid regulations through April 1, 2009, and At 6:11 p.m., a message from the for other purposes. f House of Representatives, delivered by S. 2920. A bill to reauthorize and improve Mrs. Cole, one of its reading clerks, an- the financing and entrepreneurial develop- MESSAGES FROM THE HOUSE nounced that the Speaker has signed ment programs of the Small Business Ad- At 1:15 p.m., a message from the the following enrolled bill: ministration, and for other purposes. House of Representatives, delivered by S. 2903. An act to amend Public Law 110–196 f Mrs. Cole, one of its reading clerks, an- to provide for a temporary extension of pro- ENROLLED BILL PRESENTED nounced that the House has passed the grams authorized by the Farm Security and following bills, in which it requests the Rural Investment Act of 2002 beyond April The Secretary of the Senate reported concurrence of the Senate: 25, 2008. that on today, April 24, 2008, she had H.R. 2634. An act to provide for greater re- The enrolled bill was subsequently presented to the President of the sponsibility in lending and expanded can- signed by the Acting President pro United States the following enrolled cellation of debts owed to the United States tempore (Mr. REID). bill:

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3398 CONGRESSIONAL RECORD — SENATE April 24, 2008 S. 2903. An act to amend Public Law 110–196 mittee on Banking, Housing, and Urban Af- fairs Bureau, Federal Communications Com- to provide for a temporary extension of pro- fairs. mission, transmitting, pursuant to law, the grams authorized by the Farm Security and EC–5923. A communication from the Asso- report of a rule entitled ‘‘Telecommuni- Rural Investment Act of 2002 beyond April ciate General Counsel for Legislation and cations Relay Services and Speech-to-Speech 25, 2008. Regulations, Office of Housing, Department Services for Individuals with Hearing and of Housing and Urban Development, trans- f Speech Disabilities; E911 Requirements for mitting, pursuant to law, the report of a rule IP-Enabled Service Providers’’ (FCC 08–78) EXECUTIVE AND OTHER entitled ‘‘Changes in Maximum Mortgage received on April 17, 2008; to the Committee COMMUNICATIONS Limits for Multifamily Housing’’ (RIN2502– on Commerce, Science, and Transportation. AI62) received on April 23, 2008; to the Com- EC–5934. A communication from the Chief The following communications were mittee on Banking, Housing, and Urban Af- of Staff, Media Bureau, Federal Communica- laid before the Senate, together with fairs. tions Commission, transmitting, pursuant to accompanying papers, reports, and doc- EC–5924. A communication from the Chief law, the report of a rule entitled ‘‘Amend- uments, and were referred as indicated: Counsel, Federal Emergency Management ment of Section 73.202(b), Table of Allot- EC–5913. A communication from the Under Agency, Department of Homeland Security, ments, FM Broadcast Stations; Ash Fork Secretary of Agriculture (Natural Resources transmitting, pursuant to law, the report of and Paulden, Arizona’’ (MB Docket No. 07- and Environment), transmitting, pursuant to a rule entitled ‘‘Final Flood Elevation Deter- 220) received on April 17, 2008; to the Com- law, a report relative to the Department’s minations’’ (73 FR 18189) received on April 23, mittee on Commerce, Science, and Transpor- proposal to accept a 160-acre donation from 2008; to the Committee on Banking, Housing, tation. EC–5935. A communication from the Chief the Wilderness Land Trust; to the Com- and Urban Affairs. EC–5925. A communication from the Chief of Staff, Media Bureau, Federal Communica- mittee on Agriculture, Nutrition, and For- Counsel, Federal Emergency Management tions Commission, transmitting, pursuant to estry. Agency, Department of Homeland Security, law, the report of a rule entitled ‘‘Amend- EC–5914. A communication from the Direc- transmitting, pursuant to law, the report of ment of Section 73.202(b), Table of Allot- tor, Regulatory Management Division, Envi- a rule entitled ‘‘Final Flood Elevation Deter- ments, FM Broadcast Stations; Clayton, ronmental Protection Agency, transmitting, minations’’ (73 FR 18197) received on April 23, Oklahoma’’ (MB Docket No. 07–227) received pursuant to law, the report of a rule entitled 2008; to the Committee on Banking, Housing, on April 17, 2008; to the Committee on Com- ‘‘Metconazole; Pesticide Tolerances’’ (FRL and Urban Affairs. merce, Science, and Transportation. No. 8360–5) received on April 23, 2008; to the EC–5926. A communication from the Chief EC–5936. A communication from the Legal Committee on Agriculture, Nutrition, and Counsel, Federal Emergency Management Advisor, Wireless Telecommunications Bu- Forestry. Agency, Department of Homeland Security, reau, Federal Communications Commission, EC–5915. A communication from the Dep- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of uty General Counsel, Department of Agri- a rule entitled ‘‘Suspension of Community a rule entitled ‘‘Amendment of Various culture, transmitting, pursuant to law, the Eligibility’’ (73 FR 18188) received on April Rules Affecting Wireless Services’’ (WT report of action on a nomination for the po- 23, 2008; to the Committee on Banking, Hous- Docket No. 03–264) received on April 17, 2008; sition of Secretary of Agriculture, received ing, and Urban Affairs. to the Committee on Commerce, Science, on April 23, 2008; to the Committee on Agri- EC–5927. A communication from the Gen- and Transportation. culture, Nutrition, and Forestry. eral Counsel, National Credit Union Admin- EC–5937. A communication from the Attor- EC–5916. A communication from the Direc- istration, transmitting, pursuant to law, the ney Advisor, Wireline Competition Bureau, tor, Regulatory Management Division, Envi- report of a rule entitled ‘‘Procedures for Federal Communications Commission, trans- ronmental Protection Agency, transmitting, Debt Collection’’ (Docket No. 47535–01–U) re- mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled ceived on April 23, 2008; to the Committee on entitled ‘‘Universal Service Support for ‘‘Pyraclostrobin; Pesticide Tolerance for Banking, Housing, and Urban Affairs. Health Care Providers—Eligibility’’ (FCC 08– Emergency Exemptions’’ (FRL No. 8359–7) re- EC–5928. A communication from the Chief 47) received on April 17, 2008; to the Com- ceived on April 17, 2008; to the Committee on Counsel, Federal Emergency Management mittee on Commerce, Science, and Transpor- Agriculture, Nutrition, and Forestry. Agency, Department of Homeland Security, tation. EC–5917. A communication from the Direc- transmitting, pursuant to law, the report of EC–5938. A communication from the Legal tor, Regulatory Management Division, Envi- a rule entitled ‘‘Suspension of Community Advisor, Wireless Telecommunications Bu- ronmental Protection Agency, transmitting, Eligibility’’ (73 FR 17926) received on April reau, Federal Communications Commission, pursuant to law, the report of a rule entitled 23, 2008; to the Committee on Banking, Hous- transmitting, pursuant to law, the report of ‘‘Cyazofamid; Pesticide Tolerances’’ (FRL ing, and Urban Affairs. a rule entitled ‘‘Facilitating the Provision of No. 8360–4) received on April 17, 2008; to the EC–5929. A communication from the Sec- Fixed and Mobile Broadband Access, Edu- Committee on Agriculture, Nutrition, and retary of the Treasury, transmitting, pursu- cational and Other Advanced Services in the Forestry. ant to law, a six-month periodic report on 2150–2162 and 2500–2690 MHz Bands; Reviewing EC–5918. A communication from the Direc- the national emergency declared in Execu- of the Spectrum Sharing Plan Among Non- tor, Regulatory Management Division, Envi- tive Order 12978 with respect to significant Geostationary Satellite Orbit Mobile Sat- ronmental Protection Agency, transmitting, narcotics traffickers centered in Colombia; ellite Service Systems in the 1.6/2.4 GHz pursuant to law, the report of a rule entitled to the Committee on Banking, Housing, and Bands’’ (FCC 08–83) received on April 17, 2008; ‘‘Thiamethoxam; Pesticide Tolerances’’ Urban Affairs. to the Committee on Commerce, Science, (FRL No. 8359–9) received on April 17, 2008; to EC–5930. A communication from the Attor- and Transportation. the Committee on Agriculture, Nutrition, ney Advisor, Office of the Secretary, Depart- EC–5939. A communication from the Direc- and Forestry. ment of Transportation, transmitting, pur- tor, Office of Sustainable Fisheries, Depart- EC–5919. A communication from the Assist- suant to law, the report of a nomination for ment of Commerce, transmitting, pursuant ant Secretary of the Treasury (Manage- the position of Under Secretary of Transpor- to law, the report of a rule entitled ment), transmitting, pursuant to law, a re- tation for Policy, received on April 23, 2008; ‘‘Inseason Trip Limit Reduction for the Com- port relative to acquisitions made from for- to the Committee on Commerce, Science, mercial Fishery for Golden Tilefish for the eign entities; to the Committee on Appro- and Transportation. 2008 Fishing Year’’ (RIN0648–XG34) received priations. EC–5931. A communication from the Acting on April 23, 2008; to the Committee on Com- EC–5920. A communication from the Under Director, Office of Sustainable Fisheries, De- merce , Science, and Transportation. Secretary of Defense (Acquisition, Tech- partment of Commerce, transmitting, pursu- EC–5940. A communication from the Direc- nology and Logistics), transmitting, pursuant to law, the report of a rule entitled tor, Office of Sustainable Fisheries, Depart- ant to law, the Defense Environmental Pro- ‘‘Inseason Trip Limit Reduction for the ment of Commerce, transmitting, pursuant grams report for fiscal year 2007; to the Com- Hook-and-Line Commercial Fishery for Gulf to law, the report of a rule entitled ‘‘Fish- mittee on Armed Services. Group King Mackerel in the Southern Flor- eries of the Economic Exclusive Zone Off EC–5921. A communication from the Prin- ida West Coast Subzone’’ (RIN0648–XG54) re- Alaska; Atka Mackerel in the Eastern Aleu- cipal Deputy, Office of the Under Secretary ceived on April 23, 2008; to the Committee on tian District and the Bering Sea Subarea for of Defense (Personnel and Readiness), trans- Commerce, Science, and Transportation. Vessels Participating in the BSAI Trawl mitting the report of an officer authorized to EC–5932. A communication from the Acting Limited Access Fishery’’ (RIN0648–XG52) re- wear the insignia of the grade of rear admi- Director, Office of Sustainable Fisheries, De- ceived on April 23, 2008; to the Committee on ral in accordance with title 10, United States partment of Commerce, transmitting, pursu- Commerce, Science, and Transportation. Code, section 777; to the Committee on ant to law, the report of a rule entitled EC–5941. A communication from the Direc- Armed Services. ‘‘Fisheries of the Exclusive Economic Zone tor, Office of Sustainable Fisheries, Depart- EC–5922. A communication from the Direc- Off Alaska; Pollock in Statistical Area 610 of ment of Commerce, transmitting, pursuant tor, Regulatory Management Division, Envi- the Gulf of Alaska’’ (RIN0648–XG08) received to law, the report of a rule entitled ‘‘Fish- ronmental Protection Agency, transmitting on April 23, 2008; to the Committee on Com- eries of the Exclusive Economic Zone Off a document recently issued by the Agency merce, Science, and Transportation. Alaska; Pacific Cod by Vessels in the Amend- entitled, ‘‘Lead Hazard Information Pam- EC–5933. A communication from the Dep- ment 80 Limited Access Fishery in the Ber- phlet; Notice of Availability’’; to the Com- uty Chief, Consumer and Governmental Af- ing Sea and Aleutian Islands Management

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3399 Area’’ (RIN0648–XG70) received on April 23, ronmental Protection Agency, transmitting, Regulatory Commission, transmitting, pur- 2008; to the Committee on Commerce, pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled Science, and Transportation. ‘‘Approval and Promulgation of Air Quality ‘‘Statement of Policy on Conduct of New Re- EC–5942. A communication from the Direc- Implementation Plans; Indiana; Revisions to actor Licensing Proceedings’’ (7590–01–P) re- tor, Office of Sustainable Fisheries, Depart- Particulate Matter Rules’’ (FRL No. 8559–7) ceived on April 17, 2008; to the Committee on ment of Commerce, transmitting, pursuant received on April 23, 2008; to the Committee Environment and Public Works. to law, the report of a rule entitled ‘‘Fish- on Environment and Public Works. EC–5961. A communication from the Direc- eries of the Exclusive Economic Zone Off EC–5952. A communication from the Direc- tor, Regulatory Management Division, Envi- Alaska; Pollock in Statistical Area 620 in the tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, Gulf of Alaska’’ (RIN0648–XG73) received on ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled April 23, 2008; to the Committee on Com- pursuant to law, the report of a rule entitled ‘‘Revocation of Significant New Use Rules on merce , Science, and Transportation. ‘‘Approval and Promulgation of Air Quality Certain Chemical Substances’’ ((RIN2070– EC–5943. A communication from the Acting Implementation Plans; Montana; Whitefish AB27)(FRL No. 8358–4)) received on April 17, Assistant Administrator for Fisheries, Na- PM10 Nonattainment Area Control Plan’’ 2008; to the Committee on Environment and tional Marine Fisheries Service, Department (FRL No. 8552–4) received on April 23, 2008; to Public Works. of Commerce, transmitting, pursuant to law, the Committee on Environment and Public EC–5962. A communication from the Direc- the report of a rule entitled ‘‘Final Speci- Works. tor, Regulatory Management Division, Envi- fication of Fiscal Year 2008 Total Allowable EC–5953. A communication from the Direc- ronmental Protection Agency, transmitting, Catches for Eastern Georges Bank Cod, East- tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled ern GB Haddock, and GB Yellowtail Floun- ronmental Protection Agency, transmitting, ‘‘Approval and Promulgation of Air Quality der in the U.S./Canada Management Area’’ pursuant to law, the report of a rule entitled Implementation Plans; Delaware; Transpor- (RIN0648–AW13) received on April 23, 2008; to ‘‘Approval and Promulgation of Air Quality tation Conformity Regulations’’ (FRL No. the Committee on Commerce, Science, and Implementation Plans; Virginia; Section 8555–4) received on April 17, 2008; to the Com- Transportation. 110(a)(1) 8-Hour Ozone Maintenance Plan for mittee on Environment and Public Works. EC–5944. A communication from the Acting the White Top Mountain, Smyth County, EC–5963. A communication from the Direc- Director, Office of Sustainable Fisheries, De- Virginia 1-Hour Ozone Nonattainment Area’’ tor, Regulatory Management Division, Envi- partment of Commerce, transmitting, pursu- (FRL No. 8559–6) received on April 23, 2008; to ronmental Protection Agency, transmitting, ant to law, the report of a rule entitled the Committee on Environment and Public pursuant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone Works. ‘‘Approval and Promulgation of Air Quality Off Alaska; Pacific Cod by American Fish- EC–5954. A communication from the Direc- Implementation Plans; Virginia; Incorpora- eries Act Catcher Processors Using Trawl tor, Regulatory Management Division, Envi- tion of On-Board Diagnostic Testing and Gear in the Bering Sea and Aleutian Islands ronmental Protection Agency, transmitting, Other Amendments to the Motor Vehicle Management Area’’ (RIN0648–XG65) received pursuant to law, the report of a rule entitled Emission Inspection Program for the North- ern Virginia Program Area’’ (FRL No. 8555–5) on April 23, 2008; to the Committee on Com- ‘‘Approval and Promulgation of Air Quality received on April 17, 2008; to the Committee merce, Science, and Transportation. Implementation Plans; Wisconsin; Redesig- EC–5945. A communication from the Acting nation of the Forest County Potawatomi on Environment and Public Works. EC–5964. A communication from the Direc- Director, Office of Sustainable Fisheries, De- Community Reservation to a PSD Class I tor, Regulatory Management Division, Envi- partment of Commerce, transmitting, pursu- Area’’ (FRL No. 8557–6) received on April 23, ronmental Protection Agency, transmitting, ant to law, the report of a rule entitled 2008; to the Committee on Environment and pursuant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone Public Works. ‘‘Petition for Reconsideration and With- Off Alaska; Shallow-Water Species Fishery EC–5955. A communication from the Direc- drawal of Findings of Significant Contribu- tor, Regulatory Management Division, Envi- by Vessels Using Trawl Gear in the Gulf of tion and Rulemaking for Georgia and for ronmental Protection Agency, transmitting, Alaska’’ (RIN0648–XG62) received on April 23, Purposes of Reducing Ozone Interstate pursuant to law, the report of a rule entitled 2008; to the Committee on Commerce, Transport’’ ((RIN2060–AN12)(FRL No. 8556–2)) ‘‘Approval and Promulgation of Air Quality Science, and Transportation. received on April 17, 2008; to the Committee EC–5946. A communication from the Acting Implementation Plans; Delaware; Control of on Environment and Public Works. Director, Office of Sustainable Fisheries, De- Stationary Generator Emissions’’ (FRL No. EC–5965. A communication from the Direc- partment of Commerce, transmitting, pursu- 8559–5) received on April 23, 2008; to the Com- tor, Regulatory Management Division, Envi- ant to law, the report of a rule entitled mittee on Environment and Public Works. ronmental Protection Agency, transmitting, ‘‘Fisheries of the Exclusive Economic Zone EC–5956. A communication from the Direc- pursuant to law, the report of a rule entitled Off Alaska; Pacific Cod by Catcher Vessels tor, Regulatory Management Division, Envi- ‘‘Withdrawal of Federal Implementation Less Than 60 Ft. LOA Using Pot or Hook- ronmental Protection Agency, transmitting, Plans for the Clean Air Interstate Rule in 12 and-Line Gear in the Bering Sea and Aleu- pursuant to law, the report of a rule entitled States’’ (FRL No. 8556–1) received on April tian Islands Management Area’’ (RIN0648– ‘‘Approval and Promulgation of Implementa- 17, 2008; to the Committee on Environment XG58) received on April 23, 2008; to the Com- tion Plans; Kentucky: Tennessee Valley Au- and Public Works. mittee on Commerce, Science, and Transpor- thority Paradise Facility State Implementa- EC–5966. A communication from the Chief tation. tion Plan Revision’’ (FRL No. 8559–1) re- of the Publications and Regulations Branch, EC–5947. A communication from the Sec- ceived on April 23, 2008; to the Committee on Internal Revenue Service, Department of the retary of Energy, transmitting a legislative Environment and Public Works. Treasury, transmitting, pursuant to law, the proposal intended to give the Department EC–5957. A communication from the Direc- report of a rule entitled ‘‘Employer Com- the authority to share Restricted Data in tor, Regulatory Management Division, Envi- parable Contributions to Health Savings Ac- certain situations with persons not in pos- ronmental Protection Agency, transmitting, counts under Section 4980G’’ ((RIN1545– session of specific security clearances; to the pursuant to law, the report of a rule entitled BF97)(TD 9393)) received on April 17, 2008; to Committee on Energy and Natural Re- ‘‘National Emission Standards for Hazardous the Committee on Finance. sources. Air Pollutants; Organic Liquids Distribu- EC–5967. A communication from the Assist- EC–5948. A communication from the Chief tion’’ ((RIN2060–AO99)(FRL No. 8557–1)) re- ant Director of the Publications and Regula- Human Capital Officer, Office of the Sec- ceived on April 23, 2008; to the Committee on tions Branch, Internal Revenue Service, De- retary, Department of Energy, transmitting, Environment and Public Works. partment of the Treasury, transmitting, pur- pursuant to law, the report of a vacancy and EC–5958. A communication from the Direc- suant to law, the report of a rule entitled designation of an acting officer for the posi- tor, Regulatory Management Division, Envi- ‘‘Employee Leasing Arrangements’’ (Rev. tion of Deputy Secretary, received on April ronmental Protection Agency, transmitting, Rul. 2008–23) received on April 17, 2008; to the 23, 2008; to the Committee on Energy and pursuant to law, the report of a rule entitled Committee on Finance. Natural Resources. ‘‘Outer Continental Shelf Air Regulations EC–5968. A communication from the Chief EC–5949. A communication from the Asso- Consistency Update for California’’ (FRL No. of the Publications and Regulations Branch, ciate Deputy Secretary of the Interior, 8542–3) received on April 23, 2008; to the Com- Internal Revenue Service, Department of the transmitting a draft bill entitled, ‘‘Pick- mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the Sloan Missouri Basin Program Cost Re- EC–5959. A communication from the Direc- report of a rule entitled ‘‘Applicable Federal allocation Act of 2008’’; to the Committee on tor, Regulatory Management Division, Envi- Rates—May 2008’’ (Rev. Rul. 2008–24) received Energy and Natural Resources. ronmental Protection Agency, transmitting, on April 23, 2008; to the Committee on Fi- EC–5950. A communication from the Direc- pursuant to law, the report of a rule entitled nance. tor, Office of Surface Mining, Department of ‘‘Regulation of Fuels and Fuel Additives: Re- EC–5969. A communication from the Ad- the Interior, transmitting, pursuant to law, vised Definition of Substantially Similar ministrator, National Aeronautics and Space the report of a rule entitled ‘‘Virginia Regu- Rule for Alaska’’ ((RIN2060–AN94)(FRL No. Administration, transmitting proposed legis- latory Programs’’ (Docket No. VA–124–FOR) 8557–8)) received on April 23, 2008; to the lation intended to permit the Administra- received on April 23, 2008; to the Committee Committee on Environment and Public tion to continue to procure Russian support on Energy and Natural Resources. Works. for the International Space Station until EC–5951. A communication from the Direc- EC–5960. A communication from the Direc- suitable U.S. capabilities are in place; to the tor, Regulatory Management Division, Envi- tor, Office of Congressional Affairs, Nuclear Committee on Foreign Relations.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3400 CONGRESSIONAL RECORD — SENATE April 24, 2008 EC–5970. A communication from the Assist- States, transmitting, pursuant to law, Marine Corps nomination of Maj. Gen. ant Secretary, Office of Legislative Affairs, amendments to the Federal Rules of Bank- John M. Paxton, Jr., to be Lieutenant Gen- Department of State, transmitting, pursuant ruptcy Procedure that were adopted by the eral. to law, a report relative to the Millennium Court; to the Committee on the Judiciary. Marine Corps nomination of Maj. Gen. Challenge Corporation’s activities during fis- Dennis J. Hejlik, to be Lieutenant General. f cal year 2007; to the Committee on Foreign Marine Corps nomination of Lt. Gen. Rich- Relations. REPORTS OF COMMITTEES ard F. Natonski, to be Lieutenant General. EC–5971. A communication from the Assist- Marine Corps nomination of Maj. Gen. ant Secretary, Office of Legislative Affairs, The following reports of committees Duane D. Thiessen, to be Lieutenant Gen- Department of State, transmitting, pursuant were submitted: eral. to law, the certification of a proposed agree- By Mr. BIDEN, from the Committee on Navy nomination of Rear Adm. John M. ment for the export of defense articles to Foreign Relations, with amendments and an Bird, to be Vice Admiral. Navy nomination of Rear Adm. (lh) Victor Japan relative to the JCSAT–12 Commercial amendment to the title: Communications Satellite; to the Committee C. See, Jr., to be Rear Admiral. S. 2433. A bill to require the President to Navy nominations beginning with Captain on Foreign Relations. develop and implement a comprehensive EC–5972. A communication from the Sec- Douglass T. Biesel and ending with Captain strategy to further the United States foreign Douglas J. Venlet, which nominations were retary of Labor, transmitting proposed legis- policy objective of promoting the reduction lation intended to improve enforcement of received by the Senate and appeared in the of global poverty, the elimination of extreme Congressional Record on March 31, 2008. the Labor-Management Reporting and Dis- global poverty, and the achievement of the closure Act of 1959; to the Committee on (minus 1 nominee: Captain Terry B. Kraft). Millennium Development Goal of reducing Navy nomination of Rear Adm. (lh) Carol I. Health, Education, Labor, and Pensions. by one-half the proportion of people world- Turner, to be Rear Admiral. EC–5973. A communication from the Sec- wide, between 1990 and 2015, who live on less retary of the Federal Trade Commission, than $1 per day (Rept. No. 110–331). Mr. LEVIN. Mr. President, for the transmitting, pursuant to law, a report enti- By Mr. LEAHY, from the Committee on Committee on Armed Services I report tled ‘‘Annual Report on the Notification and the Judiciary, without amendment and with favorably the following nomination Federal Employee Antidiscrimination and a preamble: lists which were printed in the Retaliation Act of 2002: Fiscal 2007 (March H. Con. Res. 292. A concurrent resolution RECORDS on the dates indicated, and 2008)’’; to the Committee on Homeland Secu- honoring Margaret Truman Daniel and her ask unanimous consent, to save the ex- rity and Governmental Affairs. lifetime of accomplishments. EC–5974. A communication from the Dis- pense of reprinting on the Executive S. Res. 511. A resolution recognizing that Calendar that these nominations lie at trict of Columbia Auditor, transmitting, pur- John Sidney McCain, III, is a natural born suant to law, a report entitled, ‘‘Compliance citizen. the Secretary’s desk for the informa- with the Government Managers Account- S. Res. 515. A resolution commemorating tion of Senators. ability Amendment Act of 1995 Has Been In- the life and work of Dith Pran. The PRESIDING OFFICER. Without complete and Inconsistent’’; to the Com- objection, it is so ordered. f mittee on Homeland Security and Govern- Air Force nominations beginning with mental Affairs. David M. Abel and ending with Michael M. EC–5975. A communication from the Direc- EXECUTIVE REPORTS OF Zwalve, which nominations were received by tor, U.S. Office of Government Ethics, trans- COMMITTEES the Senate and appeared in the Congres- mitting a legislative proposal intended to The following executive reports of sional Record on February 26, 2008. modernize the financial disclosure process nominations were submitted: Air Force nominations beginning with for Federal personnel; to the Committee on By Mr. LEVIN for the Committee on Susan S. Baker and ending with Jon C. Homeland Security and Governmental Af- Armed Services. Welch, which nominations were received by fairs. the Senate and appeared in the Congres- EC–5976. A communication from the Dis- Air Force nomination of Col. Bruce A. sional Record on March 11, 2008. trict of Columbia Auditor, transmitting, pur- Litchfield, to be Brigadier General. Air Force nominations beginning with Air Force nominations beginning with suant to law, a report entitled, ‘‘Perform- David A. Bargatze and ending with Aaron E. ance Measurement System Needs Long-Term Brigadier General C. D. Alston and ending with Brigadier General Mark S. Solo, which Woodward, which nominations were received Stability and Commitment to Maximize Ef- by the Senate and appeared in the Congres- fectiveness’’; to the Committee on Homeland nominations were received by the Senate and appeared in the Congressional Record on sional Record on March 11, 2008. Security and Governmental Affairs. Air Force nominations beginning with EC–5977. A communication from the Dis- March 13, 2008. Air Force nomination of Maj. Gen. Dana T. Mark E. Allen and ending with Charles E. trict of Columbia Auditor, transmitting, pur- Wiedie, Jr., which nominations were received suant to law, a report entitled, ‘‘Letter Re- Atkins, to be Lieutenant General. Army nomination of Brig. Gen. Scott G. by the Senate and appeared in the Congres- port: Comparative Analysis of Actual Cash sional Record on March 11, 2008. Collections to the Revised Revenue Estimate West, to be Major General. Army nomination of Lt. Gen. Walter L. Air Force nominations beginning with Through the 1st Quarter of Fiscal Year 2008’’; Kerry M. Abbott and ending with William F. to the Committee on Homeland Security and Sharp, to be General. Army nomination of Lt. Gen. Ann E. Ziegler III, which nominations were received Governmental Affairs. by the Senate and appeared in the Congres- EC–5978. A communication from the Sec- Dunwoody, to be Lieutenant General. Army nomination of Gen. David D. sional Record on March 11, 2008. retary of Health and Human Services, trans- Air Force nominations beginning with McKiernan, to be General. mitting, pursuant to law, a report entitled, Richard T. Broyer and ending with Brian K. Army nomination of Brig. Gen. Robert L. ‘‘Report to Congress on the Social and Eco- Wyrick, which nominations were received by Caslen, Jr., to be Major General. nomic Conditions of Native Americans: Fis- the Senate and appeared in the Congres- Army nomination of Maj. Gen. Mitchell H. cal Years 2001 and 2002’’; to the Committee sional Record on March 11, 2008. Stevenson, to be Lieutenant General. on Indian Affairs. Air Force nominations beginning with Army nomination of Maj. Gen. Frank G. EC–5979. A communication from the White John T. Aalborg, Jr. and ending with Mi- Helmick, to be Lieutenant General. House Liaison, National Institute of Justice, chael A. Zrostlik, which nominations were Marine Corps nominations beginning with Department of Justice, transmitting, pursu- received by the Senate and appeared in the Brigadier General Randolph D. Alles and ant to law, the report of action on a nomina- Congressional Record on March 11, 2008. tion for the position of Director, received on ending with Brigadier General Michael R. Air Force nominations beginning with April 23, 2008; to the Committee on the Judi- Regner, which nominations were received by David L. Babcock and ending with Wayne A. ciary. the Senate and appeared in the Congres- Zimmet, which nominations were received EC–5980. A communication from the Sec- sional Record on January 23, 2008. (minus 1 by the Senate and appeared in the Congres- retary of Labor, transmitting, a draft bill in- nominee: Brigadier General Melvin G. sional Record on March 31, 2008. tended to enhance the Department’s ability Spiese) Air Force nomination of Howard P. Blount to administer the H–2A foreign labor certifi- Marine Corps nomination of Brig. Gen. III, to be Lieutenant Colonel. cation program; to the Committee on the Ju- Darrell L. Moore, to be Major General. Air Force nomination of Errill C. Avecilla, diciary. Marine Corps nomination of Lt. Gen. Keith to be Major. EC–5981. A communication from the Prin- J. Stalder, to be Lieutenant General. Air Force nomination of Mark Y. Liu, to cipal Deputy Assistant Attorney General, Of- Marine Corps nominations beginning with be Major. fice of Legislative Affairs, Department of Col. James M. Lariviere and ending with Col. Air Force nominations beginning with Justice, transmitting draft legislation in- Kenneth J. Lee, which nominations were re- Bryce G. Whisler and ending with Timothy tended to provide for the continued perform- ceived by the Senate and appeared in the M. French, which nominations were received ance of the functions of the U.S. Parole Com- Congressional Record on February 14, 2008. by the Senate and appeared in the Congres- mission; to the Committee on the Judiciary. Marine Corps nomination of Brig. Gen. Jo- sional Record on April 7, 2008. EC–5982. A communication from the Chief seph F. Dunford, Jr., to be Lieutenant Gen- Air Force nominations beginning with Justice of the Supreme Court of the United eral. Phiet T. Bui and ending with Michael J.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3401 Morris, which nominations were received by Navy nominations beginning with Terry L. S. 2906. A bill to require a report on the Senate and appeared in the Congres- Buckman and ending with Thomas M. Wil- invasive agricultural pests and diseases and sional Record on April 7, 2008. liams, which nominations were received by sanitary and phytosanitary barriers to trade Army nominations beginning with Mario the Senate and appeared in the Congres- before initiating negotiations to enter into a Aguirre III and ending with Scott B. Zima, sional Record on April 15, 2008. free trade agreement, and for other purposes; which nominations were received by the Sen- Mr. INOUYE. Mr. President, for the to the Committee on Finance. By Mr. INOUYE (for himself and Mr. ate and appeared in the Congressional Committee on Commerce, Science, and Record on March 11, 2008. STEVENS): Army nominations beginning with Barry Transportation I report favorably the S. 2907. A bill to establish uniform admin- L. Adams and ending with Timothy M. following nomination lists which were istrative and enforcement procedures and Zegers, which nominations were received by printed in the RECORDS on the dates in- penalties for the enforcement of the High the Senate and appeared in the Congres- dicated, and ask unanimous consent, to Seas Driftnet Fishing Moratorium Protec- sional Record on March 11, 2008. save the expense of reprinting on the tion Act and similar statutes, and for other Army nominations beginning with Kevin Executive Calendar that these nomina- purposes; to the Committee on Commerce, Science, and Transportation. S. Anderson and ending with Rufus Woods tions lie at the Secretary’s desk for the III, which nominations were received by the By Mr. BROWN (for himself and Mr. Senate and appeared in the Congressional information of Senators. COBURN): Record on March 11, 2008. The PRESIDING OFFICER. Without S. 2908. A bill to amend title II of the So- Army nominations beginning with Robert objection, it is so ordered. cial Security Act to prohibit the display of B. Allman III and ending with Richard F. Coast Guard nomination of Trevor M. Social Security account numbers on Medi- Winchester, which nominations were re- Hare, to be Lieutenant. care cards; to the Committee on Finance. ceived by the Senate and appeared in the Coast Guard nomination of Susan M. Mai- By Mrs. BOXER (for herself and Mrs. Congressional Record on March 11, 2008. tre, to be Lieutenant Commander. FEINSTEIN): Army nomination of Barry L. Shoop, to be By Mr. DORGAN for the Committee on In- S. 2909. A bill to amend the National Trails Colonel. dian Affairs. System Act to provide for the study of the Army nomination of Brian J. Chapuran, to *Robert G. McSwain, of Maryland, to be Western States Trail; to the Committee on Energy and Natural Resources. be Major. Director of the Indian Health Service, De- By Ms. SNOWE (for herself and Mr. Army nomination of Gregory T. Reppas, to partment of Health and Human Services, for BROWN): be Major. the term of four years. S. 2910. A bill to require brokers to disclose Army nomination of Vanessa M. Meyer, to By Mr. LEAHY for the Committee on the and pay independent truckers for any fuel be Major. Judiciary. surcharges received from shippers that relate Army nominations beginning with Thomas Michael G. McGinn, of Minnesota, to be E. Durham and ending with Daniel P. to fuel costs paid for by the truckers; to the United States Marshal for the District of Committee on Commerce, Science, and Massey, which nominations were received by Minnesota for the term of four years. the Senate and appeared in the Congres- Transportation. Ralph E. Martinez, of Florida, to be a By Ms. MURKOWSKI (for herself and sional Record on March 31, 2008. Member of the Foreign Claims Settlement Army nominations beginning with Charles Mrs. MURRAY): Commission of the United States for a term S. 2911. A bill to improve vaccination rates L. Garbarino and ending with Juan expiring September 30, 2010. Garrastegui, which nominations were re- among children; to the Committee on Mark S. Davis, of Virginia, to be United Health, Education, Labor, and Pensions. ceived by the Senate and appeared in the States District Judge for the Eastern Dis- Congressional Record on March 31, 2008. By Mr. LAUTENBERG (for himself, trict of Virginia. Mr. KENNEDY, Mr. KERRY, Mrs. Army nominations beginning with Milton David Gregory Kays, of Missouri, to be M. Ong and ending with Matthew S. Mower, BOXER, and Mr. MENENDEZ): United States District Judge for the Western S. 2912. A bill to amend title 18, United which nominations were received by the Sen- District of Missouri. States Code, to prohibit certain interstate ate and appeared in the Congressional Stephen N. Limbaugh, Jr., of Missouri, to conduct relating to exotic animals; to the Record on March 31, 2008. be United States District Judge for the East- Committee on the Judiciary. Army nomination of Craig A. Myatt, to be ern District of Missouri. By Mr. LEAHY (for himself and Mr. Lieutenant Colonel. *Nomination was reported with rec- HATCH): Army nomination of John C. Kolb, to be S. 2913. A bill to provide a limitation on ju- Colonel. ommendation that it be confirmed subject to the nominee’s commitment to dicial remedies in copyright infringement Army nomination of Kenneth D. Smith, to cases involving orphan works; to the Com- be Major. respond to requests to appear and tes- mittee on the Judiciary. Army nomination of John M. Hoppmann, tify before any duly constituted com- By Mr. VITTER: to be Lieutenant Colonel. mittee of the Senate. S. 2914. A bill to ensure the safety of sea- Army nominations beginning with Amy M. (Nominations without an asterisk food and seafood products being imported Bajus and ending with Robert P. Vasquez, into the United States; to the Committee on which nominations were received by the Sen- were reported with the recommenda- tion that they be confirmed.) Health, Education, Labor, and Pensions. ate and appeared in the Congressional By Mr. SCHUMER: Record on April 15, 2008. f S. 2915. A bill to require the Commissioner Marine Corps nominations beginning with of Social Security to issue uniform standards David G. Mcculloh and ending with Paul W. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS for the method for truncation of social secu- Voss, which nominations were received by rity account numbers in order to protect the Senate and appeared in the Congres- The following bills and joint resolu- such numbers from being used in the per- sional Record on April 15, 2008. tions were introduced, read the first petration of fraud or identity theft and to Navy nomination of Thomas M. Cashman, and second times by unanimous con- provide for a prohibition on the display to to be Captain. sent, and referred as indicated: the general public on the Internet of social Navy nomination of Kelly R. Middleton, to security account numbers by State and local be Lieutenant Commander. By Mr. HARKIN: governments, and for other purposes; to the Navy nomination of Theresa A. Fraser, to S. 2903. A bill to amend Public Law 110–196 Committee on the Judiciary. be Lieutenant Commander. to provide for a temporary extension of pro- By Mrs. CLINTON: Navy nominations beginning with Lee R. grams authorized by the Farm Security and S. 2916. A bill to ensure greater trans- Ras and ending with Elizabeth M. Solze, Rural Investment Act of 2002 beyond April parency in the Federal contracting process, which nominations were received by the Sen- 25, 2008; considered and passed. and to help prevent contractors that violate ate and appeared in the Congressional By Mrs. MCCASKILL: criminal laws from obtaining Federal con- Record on March 11, 2008. (minus 6 nominees S. 2904. A bill to improve Federal agency tracts; to the Committee on Homeland Secu- beginning with John M. Marmolejo) awards and oversight of contracts and assist- rity and Governmental Affairs. Navy nomination of Aaron J. Beattie IV, ance and to strengthen accountability of the By Mr. CORNYN: to be Lieutenant Commander. Government-wide suspension and debarment S. 2917. A bill to strengthen sanctions Navy nominations beginning with Kristian system; to the Committee on Homeland Se- against the Government of Syria, to enhance E. Lewis and ending with Luther P. Martin, curity and Governmental Affairs. multilateral commitment to address the which nominations were received by the Sen- By Mrs. MCCASKILL: Government of Syria’s threatening policies, ate and appeared in the Congressional S. 2905. A bill to require disclosure by Fed- to establish a program to support a transi- Record on March 31, 2008. eral contractors of certain violations relat- tion to a democratically-elected government Navy nominations beginning with Samuel ing to the award or performance of Federal in Syria, and for other purposes; to the Com- G. Espiritu and ending with Paul G. Scanlan, contracts; to the Committee on Homeland mittee on Finance. which nominations were received by the Sen- Security and Governmental Affairs. By Mr. MENENDEZ (for himself, Mrs. ate and appeared in the Congressional By Mr. CASEY (for himself and Ms. CLINTON, Mr. DURBIN, and Mr. LAU- Record on April 15, 2008. STABENOW): TENBERG):

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3402 CONGRESSIONAL RECORD — SENATE April 24, 2008 S. 2918. A bill to restore, reaffirm, and rec- kinship navigator programs, to estab- (Mr. WICKER) was added as a cosponsor oncile legal rights and remedies under civil lish guardianship assistance payments of S. 2254, a bill to establish the Mis- rights statutes; to the Committee on the Ju- for children, and for other purposes. sissippi Hills National Heritage Area in diciary. S. 1117 the State of Mississippi, and for other By Mr. STEVENS (for himself, Mr. OND INOUYE, Mr. SMITH, Mr. DORGAN, Mr. At the request of Mr. B , the name purposes. THUNE, Mr. PRYOR, and Ms. SNOWE): of the Senator from Connecticut (Mr. S. 2320 S. 2919. A bill to promote the accurate LIEBERMAN) was added as a cosponsor At the request of Mr. DURBIN, the transmission of network traffic identifica- of S. 1117, a bill to establish a grant name of the Senator from Maine (Ms. tion information; to the Committee on Com- program to provide vision care to chil- COLLINS) was added as a cosponsor of S. merce, Science, and Transportation. dren, and for other purposes. 2320, a bill to amend title XVIII of the By Mr. KERRY (for himself and Ms. S. 1311 Social Security Act to provide contin- SNOWE): At the request of Mr. KERRY, the ued entitlement to coverage for im- S. 2920. A bill to reauthorize and improve name of the Senator from New Jersey the financing and entrepreneurial develop- munosuppressive drugs furnished to ment programs of the Small Business Ad- (Mr. MENENDEZ) was added as a cospon- beneficiaries under the Medicare Pro- ministration, and for other purposes; read sor of S. 1311, a bill to permanently gram that have received a kidney the first time. prohibit oil and gas leasing in the transplant and whose entitlement to North Aleutian Basin Planning Area, f coverage would otherwise expire, and and for other purposes. for other purposes. SUBMISSION OF CONCURRENT AND S. 1882 S. 2369 SENATE RESOLUTIONS At the request of Mr. HAGEL, the At the request of Mr. BAUCUS, the name of the Senator from New Jersey The following concurrent resolutions name of the Senator from Alaska (Ms. (Mr. MENENDEZ) was added as a cospon- and Senate resolutions were read, and MURKOWSKI) was added as a cosponsor referred (or acted upon), as indicated: sor of S. 1882, a bill to amend the Pub- lic Health Service Act to establish var- of S. 2369, a bill to amend title 35, By Mr. DORGAN (for himself and Mr. ious programs for the recruitment and United States Code, to provide that CRAPO): retention of public health workers and certain tax planning inventions are not S. Res. 530. A resolution designating the patentable, and for other purposes. week beginning October 5, 2008, as ‘‘National to eliminate critical public health Sudden Cardiac Arrest Awareness Week″; to workforce shortages in Federal, State, S. 2420 the Committee on the Judiciary. local, and tribal public health agencies. At the request of Mr. SCHUMER, the By Mr. MENENDEZ (for himself, Mr. S. 1951 name of the Senator from Illinois (Mr. KENNEDY, Mr. FEINGOLD, Mrs. BOXER, At the request of Mr. BAUCUS, the DURBIN) was added as a cosponsor of S. Mr. LEVIN, Mr. DURBIN, Mr. INOUYE, name of the Senator from Michigan 2420, a bill to encourage the donation of Mr. SANDERS, Mr. DODD, Mr. CASEY, (Mr. LEVIN) was added as a cosponsor of excess food to nonprofit organizations Mr. LAUTENBERG, Mr. AKAKA, and Mr. that provide assistance to food-inse- JOHNSON): S. 1951, a bill to amend title XIX of the S. Res. 531. A resolution supporting the Social Security Act to ensure that in- cure people in the United States in goals and ideals of a National Child Care dividuals eligible for medical assist- contracts entered into by executive Worthy Wage Day; to the Committee on the ance under the Medicaid program con- agencies for the provision, service, or Judiciary. tinue to have access to prescription sale of food. By Mr. FEINGOLD: drugs, and for other purposes. S. 2485 S. Res. 532. A resolution recommending S. 1954 At the request of Mr. TESTER, the that the Langston Golf Course, located in At the request of Mr. BAUCUS, the northeast Washington, DC, and owned by the name of the Senator from Illinois (Mr. National Park Service, be recognized for its name of the Senator from Alabama DURBIN) was added as a cosponsor of S. important legacy and contributions to Afri- (Mr. SESSIONS) was added as a cospon- 2485, a bill to amend the Public Health can-American golf history, and for other pur- sor of S. 1954, a bill to amend title Service Act to provide for the partici- poses; to the Committee on Energy and Nat- XVIII of the Social Security Act to im- pation of physical therapists in the Na- ural Resources. prove access to pharmacies under part tional Health Service Corps Loan Re- By Mr. KERRY (for himself, Mr. COLE- D. payment Program, and for other pur- MAN, Mr. FEINGOLD, Mr. DURBIN, Mr. S. 2059 poses. DODD, Mr. OBAMA, and Mr. ISAKSON): At the request of Mrs. CLINTON, the S. Res. 533. A resolution expressing the S. 2510 sense of the Senate regarding the political names of the Senator from New Jersey At the request of Ms. LANDRIEU, the situation in Zimbabwe; to the Committee on (Mr. LAUTENBERG) and the Senator name of the Senator from South Da- Foreign Relations. from Massachusetts (Mr. KERRY) were kota (Mr. JOHNSON) was added as a co- added as cosponsors of S. 2059, a bill to f sponsor of S. 2510, a bill to amend the amend the Family and Medical Leave Public Health Service Act to provide ADDITIONAL COSPONSORS Act of 1993 to clarify the eligibility re- revised standards for quality assurance quirements with respect to airline S. 21 in screening and evaluation of flight crews. At the request of Mr. REID, the name gynecologic cytology preparations, and S. 2160 of the Senator from Virginia (Mr. for other purposes. At the request of Mr. AKAKA, the WEBB) was added as a cosponsor of S. S. 2512 name of the Senator from Connecticut 21, a bill to expand access to preventive At the request of Mr. COCHRAN, the (Mr. LIEBERMAN) was added as a co- health care services that help reduce sponsor of S. 2160, a bill to amend title name of the Senator from Mississippi unintended pregnancy, reduce abor- 38, United States Code, to establish a (Mr. WICKER) was added as a cosponsor tions, and improve access to women’s pain care initiative in health care fa- of S. 2512, a bill to establish the Mis- health care. cilities of the Department of Veterans sissippi Delta National Heritage Area S. 34 Affairs, and for other purposes. in the State of Mississippi, and for other purposes. At the request of Mr. ENZI, the name S. 2209 of the Senator from South Dakota (Mr. At the request of Mr. HATCH, the S. 2533 THUNE) was added as a cosponsor of S. name of the Senator from Georgia (Mr. At the request of Mr. KENNEDY, the 34, a bill to promote simplification and CHAMBLISS) was added as a cosponsor of name of the Senator from Delaware fairness in the administration and col- S. 2209, a bill to amend the Internal (Mr. BIDEN) was added as a cosponsor of lection of sales and use taxes. Revenue Code of 1986 to provide incen- S. 2533, a bill to enact a safe, fair, and S. 661 tives to improve America’s research responsible state secrets privilege Act. At the request of Mrs. CLINTON, the competitiveness, and for other pur- S. 2619 names of the Senator from Indiana poses. At the request of Mr. COBURN, the (Mr. BAYH) and the Senator from Con- S. 2254 name of the Senator from Alaska (Ms. necticut (Mr. DODD) were added as co- At the request of Mr. COCHRAN, the MURKOWSKI) was added as a cosponsor sponsors of S. 661, a bill to establish name of the Senator from Mississippi of S. 2619, a bill to protect innocent

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3403 Americans from violent crime in na- forming services under contract with for the declaration of the North Atlan- tional parks. the United States Government as tic Treaty Organization at the Bucha- S. 2666 American employers for purposes of rest Summit that Ukraine and Georgia At the request of Ms. CANTWELL, the certain employment taxes and benefits. will become members of the alliance. name of the Senator from New Jersey S. 2785 f (Mr. LAUTENBERG) was added as a co- At the request of Ms. STABENOW, the STATEMENTS ON INTRODUCED sponsor of S. 2666, a bill to amend the name of the Senator from Mississippi BILLS AND JOINT RESOLUTIONS Internal Revenue Code of 1986 to en- (Mr. WICKER) was added as a cosponsor courage investment in affordable hous- of S. 2785, a bill to amend title XVIII of By Mr. CASEY (for himself and ing, and for other purposes. the Security Act to preserve access to Ms. STABENOW): S. 2906. A bill to require a report on S. 2689 physicians’ services under the Medi- care program. invasive agricultural pests and diseases At the request of Mr. SMITH, the and sanitary and phytosanitary bar- S. 2799 names of the Senator from Georgia riers to trade before initiating negotia- (Mr. CHAMBLISS) and the Senator from At the request of Mrs. MURRAY, the tions to enter into a free trade agree- Kansas (Mr. BROWNBACK) were added as name of the Senator from South Da- ment, and for other purposes; to the cosponsors of S. 2689, a bill to amend kota (Mr. JOHNSON) was added as a co- Committee on Finance. section 411h of title 37, United States sponsor of S. 2799, a bill to amend title Mr. CASEY. Mr. President, I rise Code, to provide travel and transpor- 38, United States Code, to expand and today to introduce the Agriculture tation allowances for family members improve health care services available Smart Trade Act along with my col- to women veterans, especially those of members of the uniformed services league Senator STABENOW. The goal of with serious inpatient psychiatric conserving in Operation Iraqi Freedom and this legislation is to ensure that, as we ditions. Operation Enduring Freedom, from the consider the various free trade agree- S. 2702 Department of Veterans Affairs, and ments that come before the Senate, we At the request of Mr. SALAZAR, the for other purposes. are taking a look at the big picture, in- names of the Senator from Maryland S. 2819 cluding the increased risk of accidently (Ms. MIKULSKI) and the Senator from At the request of Mr. ROCKEFELLER, importing invasive pests or diseases New Mexico (Mr. BINGAMAN) were the name of the Senator from Iowa and the ability for American agricul- added as cosponsors of S. 2702, a bill to (Mr. HARKIN) was added as a cosponsor tural producers to access new export amend title XVIII of the Social Secu- of S. 2819, a bill to preserve access to markets once trade agreements are in rity Act to improve access to, and in- Medicaid and the State Children’s effect. Our bill is supported by United crease utilization of, bone mass meas- Health Insurance Program during an Fresh, the national association of fruit urement benefits under the Medicare economic downturn, and for other pur- and vegetable growers and processors, part B Program. poses. and the U.S. Apple Association. S. 2753 S. 2878 The bill has two main components. At the request of Mr. MENENDEZ, the At the request of Mr. CORNYN, the First, it requires the Administration to names of the Senator from Virginia name of the Senator from Wyoming send a report to Congress prior to the (Mr. WEBB) and the Senator from New (Mr. ENZI) was added as a cosponsor of start of formal trade negotiations with Jersey (Mr. LAUTENBERG) were added as S. 2878, a bill to amend the Labor-Man- a foreign nation detailing potential cosponsors of S. 2753, a bill to protect agement Reporting and Disclosure Act invasive pests and disease that could consumers, and especially young con- of 1959 to provide for specified civil pose a risk to U.S. agriculture. Fur- sumers, from skyrocketing credit card penalties for violations of that Act, thermore, this report must identify debt, unfair credit card practices, and and for other purposes. what additional agricultural inspectors deceptive credit offers. S. 2895 and other personnel are needed to pre- S. 2760 At the request of Mr. DODD, the vent these pests and diseases from being brought into the United States. At the request of Mr. LEAHY, the names of the Senator from Montana Second, the bill requires the Admin- names of the Senator from Maryland (Mr. TESTER) and the Senator from istration to disclose in the same report (Mr. CARDIN) and the Senator from New Jersey (Mr. LAUTENBERG) were all sanitary and photosanitary, or SPS, South Dakota (Mr. JOHNSON) were added as cosponsors of S. 2895, a bill to trade barriers that could unduly re- added as cosponsors of S. 2760, a bill to amend the Higher Education Act of strict export markets for American amend title 10, United States Code, to 1965 to maintain eligibility, for Federal commodities. What we’ve seen in the enhance the national defense through PLUS loans, of borrowers who are 90 or past is that a trading partner will raise empowerment of the National Guard, more days delinquent on mortgage loan SPS barriers to prevent American enhancement of the functions of the payments, or for whom foreclosure pro- products from entering their country. National Guard Bureau, and improve- ceedings have been initiated, with re- Some of these SPS barriers are not ment of Federal-State military coordi- spect to their primary residence. grounded in science are simply non-tar- nation in domestic emergency re- S. RES. 482 iff trade barriers. As the Administra- sponse, and for other purposes. At the request of Mr. ENZI, the name tion begins negotiations for a trade of the Senator from Mississippi (Mr. S. 2766 agreement, we all need to take a look COCHRAN) was added as a cosponsor of At the request of Mr. NELSON of Flor- at what kinds of SPS issues we have S. Res. 482, a resolution designating ida, the names of the Senator from with potential trading partners. Are July 26, 2008, as ‘‘National Day of the Pennsylvania (Mr. SPECTER), the Sen- their SPS concerns based in science? American Cowboy’’. ator from Wisconsin (Mr. KOHL) and We need to be sure that once an agree- the Senator from Mississippi (Mr. S. RES. 515 ment is in effect, we will have access to WICKER) were added as cosponsors of S. At the request of Mr. WHITEHOUSE, those foreign markets as stipulated in 2766, a bill to amend the Federal Water the name of the Senator from New the trade agreement. Pollution Control Act to address cer- York (Mr. SCHUMER) was added as a co- I want to make clear that this bill tain discharges incidental to the nor- sponsor of S. Res. 515, a resolution does not in any way limit the Presi- mal operation of a recreational vessel. commemorating the life and work of dent’s authority to negotiate trade S. 2775 Dith Pran. agreements under Fast-Track, nor does At the request of Mr. KERRY, the S. RES. 523 it prevent trade legislation from being name of the Senator from New York At the request of Mr. BIDEN, the considered by the Congress. What this (Mr. SCHUMER) was added as a cospon- names of the Senator from Ohio (Mr. bill does is provide the Senate and the sor of S. 2775, a bill to amend the Inter- VOINOVICH) and the Senator from Or- House of Representatives with a more nal Revenue Code of 1986 and the Social egon (Mr. SMITH) were added as cospon- complete picture of what potential Security Act to treat certain domesti- sors of S. Res. 523, a resolution express- trade agreements involve beyond the cally controlled foreign persons per- ing the strong support of the Senate obvious import and export quotas.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3404 CONGRESSIONAL RECORD — SENATE April 24, 2008 Regardless of how any senator feels pests and diseases’’ means agricultural pests for any fuel surcharges received from about the free trade agreements that and diseases, as determined by the Secretary shippers that relate to fuel costs paid we review and debate, I think all of my of Agriculture— for by the truckers; to the Committee colleagues will agree with me that in- (A) that are not native to ecosystems in on Commerce, Science, and Transpor- the United States; and creased international trade means an (B) the introduction of which causes or is tation. increased risk of importing bugs and likely to cause economic or environmental Ms. SNOWE. Mr. President, I rise to diseases that have the potential to dev- harm or harm to human health. introduce legislation that I believe is astate our food sources, jeopardize the (3) SANITARY AND PHYTOSANITARY MEAS- vital to the survival and competitive- livelihoods of our farmers, and cost our URE.—The term ‘‘sanitary and phytosanitary ness of our nation’s trucking industry. states a fortune. We need to acknowl- measure’’ has the meaning given that term For too long, our small business motor edge the risk and put in place the best in the Agreement on the Application of Sani- freight carriers, who struggle every safeguards we can to prevent the acci- tary and Phytosanitary Measures of the day to make ends meet, have had their World Trade Organization referred to in sec- concerns ignored and neglected. Today, dental introduction of these harmful tion 101(d)(3) of the Uruguay Round Agree- pests. ments Act (19 U.S.C. 3511(d)(3)). as the entire trucking industry faces monumental economic challenges I am not merely speculating about SEC. 3. REQUIREMENT FOR REPORTS BEFORE the risk of invasive pests and disease. INITIATING NEGOTIATIONS TO spurred by skyrocketing, record-break- It is a fact that all of our States are ENTER INTO FREE TRADE AGREE- ing oil prices and exorbitant and vola- battling insects and crop diseases and MENTS. tile fuel costs, not to mention a detri- dreading the next outbreak. Most re- (a) IN GENERAL.—Not later than 90 days be- mental slow-down in the hiring of new fore the date on which the President initi- drivers, our independent operators are cently in Pennsylvania we discovered ates formal negotiations with a foreign coun- that the western part of our state is in- try to enter into a free trade agreement with having to contend with a devastating fested with the Emerald Ash Borer, an that country, the President shall submit to economic downturn and enduring busi- invasive beetle that was accidently im- Congress a report on— ness failures—the likes of which this ported to the U.S. through Detroit via (1) invasive agricultural pests or diseases country has not seen since 2000. wooden shipping pallets from China. in that country; and During the first quarter of 2008, near- This beetle is costing our commercial (2) sanitary or phytosanitary measures im- ly one thousand motor carriers failed, nursery growers millions of dollars in posed by the government of that country on and they were not just trucking com- goods imported into that country. lost stock. Senator STABENOW knows panies with two or three trucks, but (b) CONTENTS OF REPORT.—The report re- the average number of vehicles num- better than anyone how much money, quired under subsection (a) shall include the time and other resources the Ash Borer following: bered 45 trucks! As you can imagine, has cost the States of Michigan, Illi- (1) INVASIVE AGRICULTURAL PESTS AND DIS- the financial impact is enormous, espe- nois, Indiana, Ohio, and Pennsylvania. EASES.—With respect to any invasive agri- cially given that the Bureau of Trans- But that’s just one example. Orange cultural pests or diseases in the country portation Statistics projects freight to growers in Florida have spent the past with which the President intends to nego- grow by more than 70 percent by 2020. decade fighting to contain and eradi- tiate a free trade agreement— Forestalling action is not an option if (A) a list of all invasive agricultural pests cate citrus canker, an invasive disease we are to sustain our trucking industry and diseases in that country; which is an undeniable, economic life- that causes citrus trees to produce less (B) a list of agricultural commodities pro- and less fruit until they prematurely duced in the United States that might be af- line of this nation. die. And California and Texas have fected by the introduction of such pests or That is why I have taken this oppor- dealt with expensive eradication pro- diseases into the United States; and tunity to join with Senator BROWN in grams to deal with the Mediterranean (C) a plan for preventing the introduction introducing the Trust in Reliable Un- fruit fly or ‘‘Med fly.’’ into the United States of such pests and dis- derstanding of Consumer Costs The list goes on and on. And there eases, including an estimate of— (TRUCC) Act which would provide our (i) the number of additional inspectors, of- small business operators and carriers isn’t a single State that has not been ficials, and other personnel necessary to pre- impacted by invasive pests or diseases. with the long-denied fairness that is vent such introduction and the ports of entry owed to them. It is time that these So I hope that my colleagues will sup- at which the additional inspectors, officials, port the Agriculture Smart Trade Act, and other personnel will be needed; and hard-working men and women free and help us make smart decisions that (ii) the total cost of preventing such intro- from stranglehold of unscrupulous bro- will protect our growers and our econ- duction. kers and middle-men who charge ship- omy while opening new export mar- (2) SANITARY AND PHYTOSANITARY MEAS- pers for fuel costs, but refuse to pass on kets. Because that is what this bill is URES.—With respect to sanitary or those costs to operators who actually phytosanitary measures imposed by the gov- pay for the fuel. Our bill would provide about—smart trade. ernment of the country with which the Mr. President, I ask unanimous con- not only a clear line-item delineating President intends to negotiate a free trade the fuel surcharge in the contracts pro- sent that the text of the bill be printed agreement on goods imported into that coun- in the RECORD following my remarks. try— vided to our small business carriers, There being no objection, the text of (A) a list of any such sanitary and but also would guarantee that the enti- the bill was ordered to be printed in phytosanitary measures that may affect the ty in the transaction—whether a ship- the RECORD, as follows: exportation of agricultural commodities per, broker, or driver—who absorbs the from the United States to that country; consistently-rising cost of fuel will be- S. 2906 (B) an assessment of the status of any peti- come the recipient of the fuel sur- Be it enacted by the Senate and House of Rep- tions filed by the United States with the charge. resentatives of the United States of America in government of that country requesting that To our measure’s detractors who Congress assembled, that country allow the importation into that mischaracterize it, calling it among country of agricultural commodities pro- SECTION 1. SHORT TITLE. other things—outrageous, I want to re- This Act may be cited as the ‘‘Agriculture duced in the United States; Smart Trade Act’’. (C) an estimate of the economic potential mind them that our focus is on small business motor carriers which comprise SEC. 2. DEFINITIONS. for the exportation of agricultural commod- In this Act: ities produced in the United States to that more than 90 percent of the truck in- country if the free trade agreement enters (1) FREE TRADE AGREEMENT.—The term dustry, and that these individuals con- ‘‘free trade agreement’’ means a trade agree- into force; and tinue to traverse the country, carrying ment entered into with a foreign country (D) an assessment of the effect of sanitary consumer goods and propelling our that provides for— and phytosanitary measures imposed or pro- economy forward in the process. And posed to be imposed by the government of (A) the reduction or elimination of duties, they do so, despite the constant chal- import restrictions, or other barriers to or that country on the economic potential described in subparagraph (C). lenges that are part and parcel of this distortions of trade between the United occupation . . . brokers who obfuscate States and the foreign country; or (B) the prohibition of or limitation on the By Ms. SNOWE (for herself and the amount or even existence of fuel imposition of such barriers or distortions. Mr. BROWN): surcharges to the benefit of their own (2) INVASIVE AGRICULTURAL PESTS AND DIS- S. 2910. A bill to require brokers to coffers, the escalation of fuel prices, EASES.—The term ‘‘invasive agricultural disclose and pay independent truckers maintenance costs for their vehicles,

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3405 the long days or weeks of travel—sacri- disease. Childhood vaccines prevent schoolers who are routinely not being ficing time away from their families in over 10 million cases of infectious ill- immunized on time.’’ The Infant Im- order to make a living, feed their fami- ness and nearly 34,000 childhood deaths munization Improvement Act will be a lies, and finance the education of their in America every year. Clearly, vac- vital first step to increasing vaccina- children. And so, Mr. President, I ask, cines are a tried and true way to not tion rates and will serve as an impor- how can we afford to turn a blind eye only reduce health care costs, but also tant safeguard against the spread of to the plight of these Americans whose to keep our children healthy. communicable diseases. I would like to livelihood is so integral to commerce The legislation Senator MURRAY and thank the Partnership for Prevention in the great country? Merely wishing I are introducing today authorizes for their input on this legislation and the problem away or simply keeping it funding for effective interventions rec- the 156 members of the 317 Coalition for out of sight and out of mind is neither ommended by the Task Force on Com- endorsing the Infant Immunization Im- tenable nor acceptable. munity Preventive Services and helps provement Act. I urge my colleagues to Make no mistake, not all brokers are to achieve childhood immunization cosponsor this legislation—because bad actors, nor are all small business rates of 90 percent by 2010. First, the leaving a single child unprotected is operators being exploited. That is pre- legislation authorizes additional fund- one too many. cisely why the legislation Senator ing for a demonstration program allow- BROWN and I are offering today does ing Women, Infant and Children clin- By Mr. LEAHY (for himself and not place onerous burdens on the logis- ics, also known as ‘‘WIC’’ to play a Mr. HATCH): tics industry. We merely seek to ensure greater role in childhood immuniza- S. 2913. A bill to provide a limitation that an industry under siege on several tions. This is achieved by recom- on judicial remedies in copyright in- fronts receives what its purveyors are mending vaccines to WIC recipients, fringement cases involving orphan rightfully entitled to—equitable treat- coordinating care or immunization works; to the Committee on the Judici- ment and a modicum of transparency. services, or employing an immuniza- ary. Is it too much to ask that they may see tion coordinator. More than 45 percent Mr. LEAHY. Mr. President, today, I for themselves in a transaction who, if of U.S. infants receive benefits through join once again with Senator HATCH to anyone, is receiving a fuel surcharge, WIC clinics. A 2002 study by the Na- introduce a bill that will have a signifi- and how much is being paid out for the tional Foundation for Infectious Dis- cant and positive impact on our cul- cost of fuel? Is it too much to ask for eases recommended coordinating gov- tural heritage. Hundreds of thousands an assurance that, if the motor carrier ernment benefits to keep children up- of so-called ‘‘orphan works’’—works is willing to pay the high cost of fuel at to-date with their immunizations and that may be protected by copyright, the pump while transporting goods noted that WIC programs have success- but whose owners cannot be identified across this nation, that carrier will be fully accomplished this in numerous or located—are collecting dust. Despite reimbursed? The answer to both ques- communities. Our legislation would en- tremendous interest in using these or- tions is a resounding, ‘‘No!’’ The solu- hance such efforts and would even go a phan works in new collections and new tion to addressing this regrettable situ- step further to require that any grant- creations, they often languish unseen, ation is our common-sense legislation ee using these funds have access to the because those who would like to bring the consideration of which is long over- State Immunization Information Sys- them to light, and to the attention of due. tem to better coordinate immunization the world, fear the prospect of prohibi- I urge all my colleagues who have screenings and services. tively expensive statutory damages. In small business motor carriers in their Second, this legislation authorizes other instances, the copyright in an or- state to consider seriously this issue additional funding for the Centers for phan work may have expired, but po- and lend their strong support to this Disease Control and Prevention to con- tential users lack the information to welcomed legislation. duct public, age appropriate immuniza- be certain of the propriety of going for- tion awareness campaigns and immuni- ward with its use. By Ms. MURKOWSKI (for herself zation education and outreach activi- The Shawn Bentley Orphan Works and Mrs. MURRAY): ties. Research shows that outreach, Act of 2008 will remedy this situation. S. 2911. A bill to improve vaccination coupled with the coordination of im- It will help potential users of orphan rates among children; to the Com- munization and WIC clinics, can in- works find the owners of those works, mittee on Health, Education, Labor, crease childhood immunization rates and it will help the owners to receive and Pensions. by of approximately 12 percent. compensation. The works will no Ms. MURKOWSKI. Mr. President, Lastly, this legislation establishes a longer be orphans; their owners will today, I join with my colleague Sen- sense of the Senate concerning the im- reap the financial benefits of their use, ator MURRAY in introducing legislation portance of electronic record coordina- while the public reaps the creative ben- that will help bolster childhood immu- tion by both the Secretary of Health efits. More creative works will be used, nization in those parts of our country and Human Services and the Director contributing to our cultural and artis- where immunization rates are much of the Centers for Disease Control and tic heritage, and more creators will re- too low. Since the beginning of the 20th Prevention, CDC, and that these lead- ceive compensation for use of their century, vaccines have completely ers should work together to improve work. eradicated the once frequent killer the integration of immunization infor- Our legislation permits the use of an smallpox and almost eradicated polio. mation systems with electronic med- orphan work only if the potential user Vaccines save lives, avert commu- ical records, health information sys- performs and documents a good faith nicable diseases and reduce health care tems, and health information ex- search for the copyright owner. If users spending for preventable diseases. We changes. cannot locate and contact copyright must continue in our efforts to achieve Vaccine preventable diseases will owners, they may use the orphan work. childhood immunization rates of 90 per- continue to be a threat to our Nation’s But if copyright owners later make cent by 2010 and with passage of this most vulnerable population if we do themselves known, and if users have bill, we can do just that. not ensure proper vaccination among performed a search that qualifies under Vaccines are one of the most effec- infants. Through this legislation, we this legislation, owners are entitled to tive tools for prevention of disease. Ac- can work to achieve the Healthy Peo- reasonable compensation. The user will cording to the Centers for Disease Con- ple 2010 objective of vaccinating 90 per- not be liable for full statutory damages trol and Prevention, for every $1 spent cent of all children by age two. To take in those circumstances, but if a user on vaccines, America saves $18.60 in a quote from a former First Lady of does not perform that good faith both medical costs and societal costs. the United States and a cofounder of search, the user will face up to $150,000 But more important than the cost sav- the organization Every Child by Two in statutory damages. ing is the weight and value we must ‘‘No child in America should have to In practical terms, then, what does place on ensuring that children are get sick from a vaccine preventable this mean? It means that a woman in fully vaccinated. We must not lose one disease. It’s time for us to redouble ef- Vermont can restore a wedding photo- more child to a vaccine preventable forts to protect the 20 percent of pre- graph of her grandparents, even if she

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3406 CONGRESSIONAL RECORD — SENATE April 24, 2008 cannot locate the photographer to get ‘‘(E) electronic databases, including data- tunity to conduct an expeditious good faith permission to do so. It means that a li- bases that are available to the public investigation of the claim, the infringer— brary can display letters of American through the Internet, that allow for searches ‘‘(i) fails to negotiate reasonable com- soldiers wrote during World War II, of copyrighted works and for the copyright pensation in good faith with the owner of the owners of works, including through text, even if the library cannot contact the infringed copyright; or sound, and image recognition tools. ‘‘(ii) fails to render payment of reasonable soldiers or their descendents. It means ‘‘(2) NOTICE OF CLAIM FOR INFRINGEMENT.— compensation in a reasonably timely man- that museums can exhibit Depression- The term ‘notice of the claim for infringe- ner. era photographs, even if they cannot ment’ means, with respect to a claim for ‘‘(2) REQUIREMENTS FOR SEARCHES.— determine the name of the photog- copyright infringement, a written notice ‘‘(A) REQUIREMENTS FOR QUALIFYING rapher. that includes at a minimum the following: SEARCHES.— What this bill does not do is create a ‘‘(A) The name of the owner of the in- ‘‘(i) IN GENERAL.—For purposes of para- ‘‘license to infringe.’’ In any of the fringed copyright. graph (1)(A)(i)(I), a search is qualifying if the ‘‘(B) The title of the infringed work, any above instances, if the users do not infringer undertakes a diligent effort to lo- alternative titles of the infringed work cate the owner of the infringed copyright. conduct a good faith search for the known to the owner of the infringed copy- copyright owner, those users are in the ‘‘(ii) DETERMINATION OF DILIGENT EFFORT.— right, or if the work has no title, a descrip- In determining whether a search is diligent same boat they are in now when it tion in detail sufficient to identify it. under this subparagraph, a court shall con- ‘‘(C) An address and telephone number at comes to infringement. This bill does sider whether— which the owner of the infringed copyright not change the basic premise of copy- ‘‘(I) the actions taken in performing that may be contacted. right law: If you use the copyrighted search are reasonable and appropriate under ‘‘(D) Information from which a reasonable the facts relevant to that search, including works of others, you must compensate person could conclude that the owner of the whether the infringer took actions based on them for it. As an avid photographer, I infringed copyright’s claims of ownership understand what it means to devote and infringement are valid. facts uncovered by the search itself; ‘‘(II) the infringer employed the applicable oneself to creative expression, and I ap- ‘‘(3) OWNER OF THE INFRINGED COPYRIGHT.— plaud anyone with the talent and com- The ‘owner of the infringed copyright’ is the best practices maintained by the Register of legal owner of the exclusive right under sec- Copyrights under subparagraph (B); and mitment to make a living doing so. Or- ‘‘(III) the infringer performed the search phan works are too important to our tion 106, or any party with the authority to grant or license such right, that is applicable before using the work and at a time that was families, our communities, and our cul- to the infringement. reasonably proximate to the commencement ture to go left unseen and unused. ‘‘(4) REASONABLE COMPENSATION.—The term of the infringement. I thank Senator HATCH for his help in ‘reasonable compensation’ means, with re- ‘‘(iii) LACK OF IDENTIFYING INFORMATION.— developing this legislation, and I look spect to a claim for infringement, the The fact that a particular copy or phono- forward to working with him to ensure amount on which a willing buyer and willing record lacks identifying information per- that this bill becomes law. I am espe- seller in the positions of the infringer and taining to the owner of the infringed copy- cially pleased to name this bill for the owner of the infringed copyright would right is not sufficient to meet the conditions under paragraph (1)(A)(i)(I). Shawn Bentley. Several years ago, have agreed with respect to the infringing use of the work immediately before the in- ‘‘(B) INFORMATION TO GUIDE SEARCHES; BEST Shawn died, tragically young, but he fringement began. PRACTICES.— left behind a legacy of affection and re- ‘‘(b) CONDITIONS FOR ELIGIBILITY.— ‘‘(i) STATEMENTS OF BEST PRACTICES.—The gard for all of us who knew him. He ‘‘(1) CONDITIONS.— Register of Copyrights shall maintain and served Senator HATCH as a counsel for ‘‘(A) IN GENERAL.—Notwithstanding sec- make available to the public, including intellectual property, and it was he tions 502 through 505, and subject to subpara- through the Internet, current statements of who first inspired this effort on orphan graph (B), in a civil action brought under best practices for conducting and docu- works. Naming this bill for him is a this title for infringement of copyright in a menting a search under this subsection. work, the remedies for infringement shall be testament to his dedication to the ‘‘(ii) CONSIDERATION OF RELEVANT MATE- limited in accordance with subsection (c) if RIALS AND STANDARDS.—In maintaining the issue, and his value to the Judiciary the infringer— statements of best practices required under Committee. ‘‘(i) proves by a preponderance of the evi- clause (i), the Register of Copyrights shall, I ask unanimous consent that the dence that before the infringement began, from time to time, consider materials and full bill text be included in the RECORD. the infringer, a person acting on behalf of standards that may be relevant to the re- There being no objection, the text of the infringer, or any person jointly and sev- quirements for a qualifying search under the bill was ordered to be printed in erally liable with the infringer for the in- subparagraph (A). fringement— the RECORD, as follows: ‘‘(3) PENALTY FOR FAILURE TO COMPLY.—If ‘‘(I) performed and documented a quali- an infringer fails to comply with any re- S. 2913 fying search, in good faith, for the owner of Be it enacted by the Senate and House of Rep- quirement under this subsection, the in- the infringed copyright; and fringer is subject to all the remedies pro- resentatives of the United States of America in ‘‘(II) was unable to locate the owner of the Congress assembled, vided in section 502 through 505, subject to infringed copyright; section 412. SECTION 1. SHORT TITLE. ‘‘(ii) provided attribution, in a manner This Act may be cited as the ‘‘Shawn Bent- that is reasonable under the circumstances, ‘‘(c) LIMITATIONS ON REMEDIES.—The limi- ley Orphan Works Act of 2008’’. to the owner of the infringed copyright, if tations on remedies in a civil action for in- SEC. 2. LIMITATION ON REMEDIES IN CASES IN- such owner was known with a reasonable de- fringement of a copyright to which this sec- VOLVING ORPHAN WORKS. gree of certainty, based on information ob- tion applies are the following: (a) LIMITATION ON REMEDIES.—Chapter 5 of tained in performing the qualifying search; ‘‘(1) MONETARY RELIEF.— title 17, United States Code, is amended by ‘‘(iii) included with the use of the infring- ‘‘(A) GENERAL RULE.—Subject to subpara- adding at the end the following: ing work a symbol or other notice of the use graph (B), an award for monetary relief (in- ‘‘§ 514. Limitation on remedies in cases in- of the infringing work, in a manner pre- cluding actual damages, statutory damages, volving orphan works scribed by the Register of Copyrights; costs, and attorney’s fees) may not be made ‘‘(a) DEFINITIONS.—In this section, the fol- ‘‘(iv) asserts in the initial pleading to the other than an order requiring the infringer lowing definitions shall apply: civil action the right to claim such limita- to pay reasonable compensation to the legal ‘‘(1) MATERIALS AND STANDARDS.—The term tions; or beneficial owner of the exclusive right ‘materials and standards’ includes— ‘‘(v) consents to the jurisdiction of United under the infringed copyright for the use of ‘‘(A) the records of the Copyright Office States district court, or such court holds the infringed work. that are relevant to identifying and locating that the infringer is within the jurisdiction ‘‘(B) FURTHER LIMITATIONS.—An order re- copyright owners; of the court; and quiring the infringer to pay reasonable com- ‘‘(B) sources of copyright ownership infor- ‘‘(vi) at the time of making the initial dis- pensation for the use of the infringed work mation reasonably available to users, includ- covery disclosures required under Rule 26 of may not be made under subparagraph (A) if ing private databases; the Federal Rules of Civil Procedure, states the infringer is a nonprofit educational insti- ‘‘(C) industry practices and guidelines of with particularity the basis for the right to tution, museum, library, or archives, or a associations and organizations; claim the limitations, including a detailed public broadcasting entity (as defined in sub- ‘‘(D) technology tools and expert assist- description and documentation of the search section (f) of section 118) and the infringer ance, including resources for which a charge undertaken in accordance with paragraph proves by a preponderance of the evidence or subscription fee is imposed, to the extent (2)(A). that— that the use of such resources is reasonable ‘‘(B) EXCEPTION.—Subparagraph (A) does ‘‘(i) the infringement was performed with- for, and relevant to, the scope of the in- not apply if, after receiving notice of the out any purpose of direct or indirect com- tended use; and claim for infringement and having an oppor- mercial advantage;

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‘‘(ii) the infringement was primarily edu- itation on remedies afforded by this section (d) DEFINITION.—In this section, the term cational, religious, or charitable in nature; with respect to the use of a copyrighted ‘‘pictorial, graphic, and sculptural works’’ and work shall not be denied copyright protec- has the meaning given that term in section ‘‘(iii) after receiving notice of the claim for tion in a compilation or derivative work on 101 of title 17, United States Code. infringement, and after conducting an expe- the basis that such compilation or derivative SEC. 5. REPORT TO CONGRESS. ditious good faith investigation of the claim, work employs preexisting material that has Not later than December 12, 2014, the Reg- the infringer promptly ceased the infringe- been used unlawfully under this section.’’. ister of Copyrights shall report to the Com- ment. (b) TECHNICAL AND CONFORMING AMEND- mittee on the Judiciary of the Senate and ‘‘(C) EXCEPTION TO FURTHER LIMITATION.— MENT.—The table of sections for chapter 5 of the Committee on the Judiciary of the House Notwithstanding the limitation established title 17, United States Code, is amended by of Representatives on the implementation under subparagraph (B), if the owner of an adding at the end the following: and effects of the amendments made by sec- infringed copyright proves, and a court finds, ‘‘514. Limitation on remedies in cases involv- tion 2, including any recommendations for that the infringer has earned proceeds di- ing orphan works.’’. legislative changes that the Register con- rectly attributable to the use of the in- SEC. 3. DATABASE OF PICTORIAL, GRAPHIC, AND siders appropriate. fringed work by the infringer, the portion of SCULPTURAL WORKS. SEC. 6. STUDY ON REMEDIES FOR SMALL COPY- such proceeds attributable to such infringe- (a) ESTABLISHMENT OF DATABASE.— RIGHT CLAIMS. ment may be awarded to the owner. (1) IN GENERAL.—The Register of Copy- (a) IN GENERAL.—The Register of Copy- ‘‘(2) INJUNCTIVE RELIEF.— rights shall undertake a certification process rights shall conduct a study with respect to ‘‘(A) GENERAL RULE.—Subject to subpara- for the establishment of an electronic data- remedies for copyright infringement claims graph (B), the court may impose injunctive base that facilitates the search for pictorial, by an individual copyright owner or a re- relief to prevent or restrain any infringe- graphic, and sculptural works that are sub- lated group of copyright owners seeking ment alleged in the civil action. ject to copyright protection under title 17, small amounts of monetary relief, including ‘‘(B) EXCEPTION.—In a case in which the in- United States Code. consideration of alternative means of resolv- fringer has prepared or commenced prepara- (2) PROCESS AND STANDARDS FOR CERTIFI- ing disputes currently heard in the United tion of a work that recasts, transforms, CATION.—The process and standards for cer- States district courts. The study shall cover adapts, or integrates the infringed work with tification of the electronic database required the infringement claims to which section 514 a significant amount of the infringer’s origi- under paragraph (1) shall be established by of title 17, United States Code, apply, and nal expression, any injunctive relief ordered the Register of Copyrights, except that cer- other infringement claims under such title by the court— tification may not be granted if the elec- 17. ‘‘(i) may not restrain the infringer’s con- tronic database does not contain— (b) PROCEDURES.—The Register of Copy- tinued preparation or use of that new work; (A) the name of all authors of the work, if rights shall publish notice of the study re- ‘‘(ii) shall require that the infringer pay known, and contact information for any au- quired under subsection (a), providing a pe- reasonable compensation to the legal or ben- thor if the information is readily available; riod during which interested persons may eficial owner of the exclusive right under the (B) the name of the copyright owner if dif- submit comments on the study, and an op- infringed copyright for the use of the in- ferent from the author, and contact informa- portunity for interested persons to partici- fringed work; and tion of the copyright owner; pate in public roundtables on the study. The ‘‘(iii) shall require that the infringer pro- (C) the title of the copyrighted work, if Register shall hold any such public vide attribution, in a manner that is reason- such work has a title; roundtables at such times as the Register able under the circumstances, to the owner (D) with respect to a copyrighted work considers appropriate. of the infringed copyright, if requested by that includes a visual image, a visual image (c) REPORT TO CONGRESS.—Not later than 2 such owner. of the work, or, if such a visual image is not years after the date of the enactment of this ‘‘(C) LIMITATIONS.—The limitations on in- available, a description sufficient to identify Act, the Register of Copyrights shall prepare junctive relief under subparagraphs (A) and the work; and submit to the Committee on the Judici- (B) shall not be available to an infringer if (E) one or more mechanisms that allow for ary of the Senate and the Committee on the the infringer asserts in the civil action that the search and identification of a work by Judiciary of the House of Representatives a neither the infringer or any representative of both text and image; and report on the study conducted under this the infringer acting in an official capacity is (F) security measures that reasonably pro- section, including such administrative, regu- subject to suit in the courts of the United tect against unauthorized access to, or copy- latory, or legislative recommendations that States for an award of damages to the legal ing of, the information and content of the the Register considers appropriate. or beneficial owner of the exclusive right electronic database. SEC. 7. STUDY ON COPYRIGHT DEPOSITS. under the infringed copyright under section (b) PUBLIC AVAILABILITY.—The Register of (a) IN GENERAL.—The Comptroller General 106, unless the court finds that the in- Copyrights— of the United States shall conduct a study fringer— (1) shall make available to the public examining the function of the deposit re- ‘‘(i) has complied with the requirements of through the Internet a list of all electronic quirement in the copyright registration sys- subsection (b); and databases that are certified in accordance tem under section 408 of title 17, United ‘‘(ii) has made an enforceable promise to with this section; and States Code, including— pay reasonable compensation to the legal or (2) may include any database so certified (1) the historical purpose of the deposit re- beneficial owner of the exclusive right under in a statement of best practices established quirement; the infringed copyright. under section 514(b)(5)(B) of title 17, United (2) the degree to which deposits are made ‘‘(D) RULE OF CONSTRUCTION.—Nothing in States Code. available to the public currently; subparagraph (C) shall be construed to au- SEC. 4. EFFECTIVE DATE. (3) the feasibility of making deposits, par- thorize or require, and no action taken under (a) IN GENERAL.—With respect to works ticularly visual arts deposits, electronically such subparagraph shall be deemed to con- other than pictorial, graphic, and sculptural searchable by the public for the purpose of stitute, either an award of damages by the works, the amendments made by section 2 locating copyright owners; and court against the infringer or an authoriza- shall apply to infringements that commence (4) the impact any change in the deposit tion to sue a State. on or after January 1, 2009. requirement would have on the collection of ‘‘(E) RIGHTS AND PRIVILEGES NOT WAIVED.— (b) PICTORIAL, GRAPHIC, AND SCULPTURAL the Library of Congress. No action taken by an infringer under sub- WORKS.—With respect to pictorial, graphic, (b) REPORT.—Not later than 2 years after paragraph (C) shall be deemed to waive any and sculptural works, the amendments made the date of the enactment of this Act, the right or privilege that, as a matter of law, by section 2 shall— Comptroller General shall submit to the protects the infringer from being subject to (1) take effect on the earlier of— Committee on the Judiciary of the House of suit in the courts of the United States for an (A) the date on which the Copyright Office Representatives and the Committee on the award of damages to the legal or beneficial certifies under section 3 at least 2 separate Judiciary of the Senate a report on the study owner of the exclusive right under the in- and independent searchable, comprehensive, conducted under this section, including such fringed copyright under section 106. electronic databases, that allow for searches administrative, regulatory, or legislative ‘‘(d) PRESERVATION OF OTHER RIGHTS, LIMI- of copyrighted works that are pictorial, recommendations that the Comptroller Gen- TATIONS, AND DEFENSES.—This section does graphic, and sculptural works, and are avail- eral considers appropriate. not affect any right, limitation, or defense to able to the public through the Internet; or copyright infringement, including fair use, (B) January 1, 2011; and By Mr. STEVENS (for himself, under this title. If another provision of this (2) apply to infringing uses that commence Mr. INOUYE, Mr. SMITH, Mr. title provides for a statutory license that on or after that effective date. DORGAN, Mr. THUNE, Mr. PRYOR, would permit the infringement contemplated (c) PUBLICATION IN FEDERAL REGISTER.— and Ms. SNOWE): by the infringer if the owner of the infringed The Register of Copyrights shall publish the S. 2919. A bill to promote the accu- effective date described in subsection (b)(1) copyright cannot be located, that provision rate transmission of network traffic applies instead of this section. in the Federal Register, together with a no- ‘‘(e) COPYRIGHT FOR DERIVATIVE WORKS AND tice that the amendments made by section 2 identification information; to the Com- COMPILATIONS.—Notwithstanding section take effect on that date with respect to pic- mittee on Commerce, Science, and 103(a), an infringer who qualifies for the lim- torial, graphic, and sculptural works. Transportation.

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Mr. President, to help Blood Institute giving it a mortality rate of Whereas the turnover rate of early child- end the growing problem of phantom approximately 95 percent; hood program staff is roughly 30 percent per traffic, today I introduce the ‘‘Sig- Whereas, to have a chance of surviving an year, and low wages and lack of benefits, naling Modernization Act of 2008.’’ Sen- attack, the American Heart Association among other factors, make it difficult to re- states that victims of sudden cardiac arrest tain high quality educators who have the ators INOUYE, SMITH, DORGAN, THUNE, must receive a lifesaving defibrillation with- consistent, caring relationships with young PRYOR, and SNOWE cosponsored this in the first 4 to 6 minutes of an attack; children that are important to the children’s bill. Phantom traffic is a phone call Whereas, for every minute that passes development; sent over the telephone network with- without a shock from an automated external Whereas the compensation of early child- out the identifying information car- defibrillator, the chance of survival de- hood program staff should be commensurate riers use to bill each other. creases by approximately 10 percent; with the importance of the job of helping the When I call home to Alaska, that call Whereas lifesaving treatments for sudden young children of the Nation develop their is transmitted over several different cardiac arrest are effective if they can be ad- social, emotional, physical, and cognitive carriers. Phone companies charge each ministered in time; skills and helping them to be ready for Whereas, according to joint research by other for the use of their networks. school; the American College of Cardiology and the Whereas providing adequate compensation The funds generated by these charges American Heart Association, implantable to early childhood program staff should be a are particularly important to carriers cardioverter defibrillators are 98 percent ef- priority, and resources can be allocated to in Alaska and throughout rural Amer- fective at protecting those at risk for sudden improve the compensation of early childhood ica. Phantom traffic prevents carriers cardiac arrest; educators to ensure that quality care and from collecting the funds they are Whereas, according to the American Heart education are accessible for all families; owed, impacting universal service and Association, cardiopulmonary resuscitation Whereas additional training and education raising rates for rural customers. and early defibrillation with an automated for the early care and education workforce is It’s time Congress pulled back the external defibrillator more than double a critical to ensuring high-quality early learn- victim’s chances of survival; mask on phantom traffic to discover ing environments; Whereas the Yale-New Haven Hospital and Whereas child care workers should receive who or what is behind this problem the New England Journal of Medicine state that has plagued carriers for several compensation commensurate with their that women and African Americans are at a training and experience; and years. The Federal Communications higher risk than the general population of Whereas the Center for the Child Care Commission is actively analyzing the dying as a result of sudden cardiac arrest, Workforce, a project of the American Fed- issue, but it is time we find a solution. yet this fact is not well known to those at eration of Teachers Educational Foundation, Yesterday the Commerce Committee risk; with support from the National Association heard from a member of the National Whereas there is a need for comprehensive for the Education of Young Children and Telecommunications Cooperative Asso- educational efforts designed to increase other early childhood organizations, recog- awareness of sudden cardiac arrest and re- nizes May 1 as National Child Care Worthy ciation from rural Missouri. He told us lated therapies among medical professionals Wage Day: Now, therefore, be it that 11 percent of their traffic did not and the greater public in order to promote have sufficient information for billing, early detection and proper treatment of this Resolved, That the Senate— causing them to lose about $37 per line disease and to improve quality of life; and (1) designates May 1, 2008, as National per year. This loss of revenue makes it Whereas early October is an appropriate Child Care Worthy Wage Day; and more difficult for rural carriers to de- time to observe National Sudden Cardiac (2) calls on the people of the United States ploy broadband. Awareness Week: Now, therefore, be it to observe National Child Care Worthy Wage Our bill will require all calls from Resolved, That the Senate— Day by honoring early childhood care and (1) designates the week beginning October education staff and programs in their com- voice communications service pro- 5, 2008, as ‘‘National Sudden Cardiac Arrest munities. viders to contain enough information Awareness Week’’; to allow carriers to bill each other, in- (2) supports— f cluding voice over internet protocol (A) the goals and ideals of National Sudden Cardiac Arrest Awareness Week; and providers offering 2–way service and SENATE RESOLUTION 532—RECOM- providers transiting the traffic between (B) efforts to educate people about sudden cardiac arrest and to raise awareness about MENDING THAT THE LANGSTON originating and terminating providers. GOLF COURSE, LOCATED IN Our bill also directs the FCC to estab- the risk of sudden cardiac arrest, identifying warning signs, and the need to seek medical NORTHEAST WASHINGTON, DC, lish rules implementing this require- attention in a timely manner; AND OWNED BY THE NATIONAL ment within 12 months of enactment, (3) acknowledges the critical importance of PARK SERVICE, BE RECOGNIZED and gives it the authority to adopt en- sudden cardiac arrest awareness to improv- FOR ITS IMPORTANT LEGACY forcement provisions. Phantom traffic ing national cardiovascular health; and AND CONTRIBUTIONS TO AFRI- steals from rural carriers and cus- (4) calls upon the people of the United CAN-AMERICAN GOLF HISTORY, tomers. I hope Congress and the FCC States to observe this week with appropriate AND FOR OTHER PURPOSES will look at this issue closely and put programs and activities. an end to phantom traffic. f Mr. FEINGOLD submitted the fol- f SENATE RESOLUTION 531—SUP- lowing resolution; which was referred SUBMITTED RESOLUTIONS PORTING THE GOALS AND to the Committee on Energy and Nat- IDEALS OF A NATIONAL CHILD ural Resources: CARE WORTHY WAGE DAY SENATE RESOLUTION 530—DESIG- Mr. MENENDEZ (for himself, Mr. S. RES. 532 NATING THE WEEK BEGINNING KENNEDY, Mr. FEINGOLD, Mrs. BOXER, Whereas the Langston Golf Course was des- OCTOBER 5, 2008, AS ‘‘NATIONAL Mr. LEVIN, Mr. DURBIN, Mr. INOUYE, Mr. ignated for construction by the Department SUDDEN CARDIAC ARREST SANDERS, Mr. DODD, Mr. CASEY, Mr. of the Interior in the 1930s as a safe and ex- AWARENESS WEEK’’ LAUTENBERG, Mr. AKAKA, and Mr. panded recreational facility for the local and Mr. DORGAN (for himself and Mr. JOHNSON) submitted the following reso- national African-American communities; CRAPO) submitted the following resolu- lution; which was referred to the Com- Whereas Langston Golf Course was named tion; which was referred to the Com- mittee on the Judiciary: for John Mercer Langston, the first African- mittee on the Judiciary: S. RES. 531 American Representative elected to Con- S. RES. 530 Whereas approximately 63 percent of the gress from the State of Virginia, and who Whereas sudden cardiac arrest is a leading Nation’s children under age 5 are in non- also was a founder of the Howard University cause of death in the United States; parental care during part or all of the day Law School; Whereas sudden cardiac takes the lives of while their parents work; Whereas the Langston Golf Course is be- more than 250,000 people in the United States Whereas the early care and education in- lieved to be the first regulation course in the each year, according to the Heart Rhythm dustry employs more than 2,300,000 workers; United States to be built almost entirely on Society; Whereas the average salary of early care a refuse landfill; Whereas anyone can experience sudden car- and education workers is $18,820 per year, diac arrest, including infants, high school and only 1⁄3 of these workers have health in- Whereas Langston Golf Course has been athletes, and people in their 30s and 40s who surance and even fewer have a pension plan; placed on the National Register of Historic have no sign of heart disease; Whereas the quality of early care and edu- Places, and the Capitol City Open golf tour- Whereas sudden cardiac arrest is extremely cation programs is directly linked to the nament has made Langston Golf Course its deadly, with the National Heart, Lung, and quality of early childhood educators; home for the past 40 years;

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Whereas the first American-born golf pro- S. RES. 533 ty’s dominant control and manipulation of fessional of African-American ancestry was Whereas, on March 29, 2008, parliamentary the political process through intimidation John Shippen, who was born circa 1878 in the and presidential elections were held in and corruption effectively negated the right Anacostia area of Washington, placed 5th in Zimbabwe amid widespread reports of voting of citizens to change their government. Un- the second United States Open golf tour- irregularities in favor of the ruling lawful killings and politically motivated ab- nament in 1896 at 16 years old, and helped Zimbabwe African National Union-Patriotic ductions occurred. State sanctioned use of found the Capitol City Golf Club in 1925; Front (ZANU–PF) party and President Rob- excessive force increased, and security forces Whereas the Capitol City Golf Club, even- ert Mugabe, including, according to the De- tortured members of the opposition, student tually renamed the Royal Golf Club and partment of State, ‘‘production of far more leaders, and civil society activists’’; and Wake Robin Women’s Club, has historically ballots than there were registered vot- Whereas annual inflation in Zimbabwe is promoted a safe golf facility for African- ers. . .[and] the allowance of police in polling reportedly running over 150,000 percent, un- Americans in Washington, especially during places’’; employment stands at over 80 percent, hun- an era when few facilities were available, Whereas official results showed that the ger affects over 4,000,000 people, and an esti- and these 2 clubs remain the oldest African opposition Movement for Democratic Change mated 3,500 people die each week from hun- American golf clubs in the United States; (MDC) won a majority of seats in the par- ger, disease, and other causes related to ex- Whereas the Langston facility continues to liamentary elections, and independent mon- tremely poor living conditions: Now, therefore, be it provide important recreational outlets, in- itors concluded based on initially posted re- structional forums, and a ‘‘safe haven cen- Resolved, That it is the sense of the Sen- sults that MDC leader Morgan Tsvangirai reate— ter’’ for the enhancement of the lives of the ceived substantially more votes than Presi- city of Washington’s inner city youth; (1) to support the people of Zimbabwe, who dent Mugabe in the presidential election; have been subjected to incredible hardships, Whereas the Langston Golf Course and re- Whereas, as of April 24, 2008, the Zimbabwe lated recreational facilities provide a home including violence, political repression, and Electoral Commission has still not released severe economic deprivation, in their aspira- for the Nation’s important minority youth the results of the presidential election, de- ‘‘First Tee’’ golf instruction and recreational tions for a free, democratic, and more pros- spite calls to do so by the African Union perous future; program in Washington; (AU), the European Union, the Government Whereas Langston Golf Course’s operations (2) to call for an immediate cessation of of South Africa, the Southern African Devel- politically motivated violence, detentions, and its related facilities seek to increase opment Community (SADC), United Nations course-based educational opportunities and efforts to intimidate the people of Secretary-General Ban Ki Moon, and the Zimbabwe perpetrated by Zimbabwe’s secu- under the auspices of the National Park United States; Service for persons under 18 years of age, rity forces and militias loyal to ZANU–PF; Whereas, on April 19, 2008, the Zimbabwe (3) that the Zimbabwe Electoral Commis- particularly those from populations of the Electoral Commission officially commenced inner-city and historically under-represented sion should immediately release the legiti- recounting ballots cast in 23 parliamentary mate results of the presidential election and among visitors to units of the National Park constituencies, primarily in districts that ratify the previously announced results of System; did not support candidates affiliated with the parliamentary elections; Whereas the preservation and ecologically ZANU–PF; (4) that President Robert Mugabe should balanced enhancements via future public and Whereas, on April 21, 2008, British Foreign accept the will of the people of Zimbabwe in private funding for the lands making up the Secretary David Miliband stated that the on- order to effect a timely and peaceful transi- 212 acres of the Langston Golf Course will going recount was potentially a ‘‘charade of tion to genuine democratic rule; contribute a positive benefit to the National democracy’’ that ‘‘only serves to fuel sus- (5) that regional organizations, including Park System’s Environmental Leadership picion that President Mugabe is seeking to SADC and the AU, should play a sustained projects program, the Anacostia River Wa- reverse the results that have been published, and active role in resolving the crisis peace- tershed, the city of Washington, and the en- to regain a majority in parliament, and to fully and in a manner that respects the will tire metropolitan area; amplify his own count in the presidential of the people of Zimbabwe; Whereas Federal funds for enhancements election,’’ and accused him of trying ‘‘to (6) that the United Nations Security Coun- to the Langston course have perennially steal the election’’; cil should be seized of the issue of Zimbabwe, been promised but rarely provided, even Whereas, the Government of Zimbabwe has support efforts to bring about a peaceful res- after the designation of Langston Golf arrested numerous members of the media olution of the crisis that respects the will of Course as a ‘‘Legacy Project for the 21st Cen- and election officials, and over 1,000 the people of Zimbabwe, and impose an tury’’, and after significant private funding Zimbabweans have reportedly been fleeing international arms embargo on Zimbabwe and contributions were committed and pro- into South Africa every day, while forces until a legitimate democratic government vided; and loyal to the government have engaged in a has taken power; Whereas the Langston Golf Course and re- brutal and systematic effort to intimidate (7) that the United States Government and lated recreational facilities have tradition- voters; the international community should impose ally provided additional quality of life value Whereas, on April 20, 2008, the MDC re- targeted sanctions against additional indi- to all residents of Washington, DC, and will leased a detailed report showing that more viduals in the Government of Zimbabwe and do more so once upgraded to meet its obvi- than 400 of its supporters had been arrested, state security services and militias in ous athletic and historical promise: Now, 500 had been attacked, 10 had been killed, Zimbabwe who are responsible for human therefore, be it and 3,000 families had been displaced, and rights abuses and interference in the legiti- Resolved, That it is the sense of the Senate Human Rights Watch reported on April 19, mate conduct of the elections in Zimbabwe; that— 2008, that ZANU–PF is operating ‘‘torture and (1) Langston Golf Course, its general man- camps’’ where opposition supporters are (8) that the United States Government and agement, and the Royal Golf and Wake being beaten; the international community should work Robin Golf Clubs are to be commended for Whereas United States Ambassador to the together to prepare a comprehensive eco- their historical and ongoing contributions to United Nations Zalmay Khalilzad stated on nomic and political recovery package for the local community and the Nation; April 16, 2008, that he was ‘‘gravely con- Zimbabwe in the event that a genuinely (2) the Director of the National Park Serv- cerned about the escalating politically moti- democratic government is formed and com- ice and the Secretary of the Interior should vated violence perpetrated by security forces mits to implementing key constitutional, give appropriate consideration to the future and ruling party militias’’; economic, and political reforms. budget needs of this important park in the Whereas, while there is currently no inter- f National Park System; and national embargo on arms transfers to (3) the Secretary of the Senate should Zimbabwe, a Chinese ship carrying weapons AMENDMENTS SUBMITTED AND transmit an enrolled copy of this resolution destined for Zimbabwe was recently pre- PROPOSED to the general manager of the Langston Golf vented from unloading its cargo in Durban, SA 4576. Mr. AKAKA (for himself and Mr. Course. South Africa, and has been denied access to BURR) proposed an amendment to the bill S. f other ports in the region due to concerns 1315, to amend title 38, United States Code, SENATE RESOLUTION 533—EX- that the weapons could further destabilize to enhance veterans’ insurance and housing the situation in Zimbabwe; benefits, to improve benefits and services for PRESSING THE SENSE OF THE Whereas Secretary of State Condoleezza SENATE REGARDING THE POLIT- transitioning servicemembers, and for other Rice stated on April 17, 2008, that President purposes. ICAL SITUATION IN ZIMBABWE Mugabe has ‘‘done more harm to his country SA 4577. Mr. WYDEN (for himself, Mr. BEN- Mr. KERRY (for himself, Mr. COLE- than would have been imaginable . . . the NETT, Mr. GRASSLEY, and Ms. STABENOW) sub- last years have been really an abomination MAN, Mr. FEINGOLD, Mr. DURBIN, Mr. mitted an amendment intended to be pro- ...’’ and called for the AU and SADC to play posed by him to the bill S. 334, to provide af- DODD, Mr. OBAMA, and Mr. ISAKSON) a greater role in resolving the crisis; fordable, guaranteed private health coverage submitted the following resolution; Whereas, the Department of State’s 2007 that will make Americans healthier and can which was referred to the Committee Country Report on Human Rights Practices never be taken away; which was referred to on Foreign Relations: stated that, in Zimbabwe, ‘‘the ruling par- the Committee on Finance.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3410 CONGRESSIONAL RECORD — SENATE April 24, 2008 TEXT OF AMENDMENTS (1) IN GENERAL.—A health coverage plan de- 24, 2008, at 10:30 a.m., in Room 253 of scribed in section 105(h)(6) of the Internal the Russell Senate Office Building. SA 4576. Mr. AKAKA (for himself and Revenue Code of 1986 (relating to self-insured Mr. BURR) proposed an amendment to The PRESIDING OFFICER. Without plans) that is offered by an employer shall be objection, it is so ordered. the bill S. 1315, to amend title 38, subject to— COMMITTEE ON COMMERCE, SCIENCE, AND United States Code, to enhance vet- (A) the requirements of subtitle B (except TRANSPORTATION erans’ insurance and housing benefits, for subsections (a), (d)(2), and (d)(4) of sec- to improve benefits and services for tion 111); and Mr. AKAKA. Mr. President, I ask transitioning servicemembers, and for (B) a risk-adjustment mechanism used to unanimous consent that the Com- other purposes; as follows: spread risk across all health plans. mittee on Commerce, Science, and (2) OTHER PLANS.—A health coverage plan Transportation be authorized to hold On page 12, beginning on line 8, strike that is not described in section 105(h)(6) of an Executive Session during the ses- ‘‘June 1, 2008’’ and insert ‘‘April 1, 2009’’. the Internal Revenue Code of 1986 that is of- On page 13, line 17, strike ‘‘January 1, 2008’’ sion of the Senate on Thursday, April fered by an employer shall be subject to the and insert ‘‘January 1, 2009’’. 24, 2008, at 2:30 p.m., in Room 253 of the requirements of subtitle B (except for sub- On page 14, line 9, strike ‘‘January 1, 2008’’ section (a) of section 111). Russell Senate Office Building. and insert ‘‘January 1, 2009’’ (b) DISTRIBUTION OF INFORMATION.—Em- The PRESIDING OFFICER. Without On page 29, line 7, strike ‘‘October 1, 2007’’ objection, it is so ordered. and insert ‘‘October 1, 2008’’. ployers that offer an employer-sponsored On page 29, line 12, strike ‘‘December 31, health coverage plan shall distribute to em- COMMITTEE ON FINANCE 2008’’ and insert ‘‘December 31, 2009’’. ployees standardized, unbiased information Mr. AKAKA. Mr. President, I ask On page 30, line 19, strike ‘‘December 31, on HAPI plans and supplemental health in- unanimous consent that the Com- 2008’’ and insert ‘‘December 31, 2009’’. surance options provided by the State HHA mittee on Finance be authorized to On page 35, line 22, add after the period the under section 502(b). meet during the session of the Senate following: ‘‘The amendment made by the pre- (c) PLANS OFFERED THROUGH EMPLOYERS.— An employer-sponsored health coverage plan on Thursday, April 24, 2008, at 10 a.m., ceding sentence shall take effect on October in Room 215 of the Dirksen Senate Of- 1, 2008, and shall expire on January 1, 2010.’’. shall be offered by an employer and not On page 38, beginning on line 21, strike through the applicable State HHA. fice Building, to hear testimony on ‘‘the date of the enactment of this Act’’ and On page 22, on line 13, insert ‘‘(including a ‘‘Tax Aspects of a Cap-and-Trade Sys- insert ‘‘April 1, 2009’’. risk-adjustment mechanism)’’ after ‘‘rating tem.’’ On page 41, line 16, strike ‘‘May 1, 2008’’ principals’’. The PRESIDING OFFICER. Without and insert ‘‘April 1, 2009’’. On page 102, line 19, insert ‘‘The preceding objection, it is so ordered. On page 41, line 18, strike ‘‘May 1, 2008’’ sentence shall not apply to any employer COMMITTEE ON FOREIGN RELATIONS and insert ‘‘April 1, 2009’’. who has less than 10 employees.’’ after On page 41, line 24, strike ‘‘the date of the ‘‘when paid.’’. Mr. AKAKA. Mr. President, I ask enactment of this Act’’ and insert ‘‘April 1, On page 117, line 9, insert ‘‘(except for em- unanimous consent that the Com- 2009’’. ployer-sponsored health coverage plans de- mittee on Foreign Relations be author- On page 42, line 1, strike ‘‘the date of the scribed under section 103 offered by employ- ized to meet during the session of the enactment of this Act’’ and insert ‘‘that ers)’’ after ‘‘HHA’’. Senate on Thursday, April 24, 2008, at date’’. On page 117, between lines 15 and 16, insert 9:30 a.m. to hold a hearing on imple- On page 59, line 17, strike ‘‘October 1, 2007’’ the following: menting smart power: setting an agen- and insert ‘‘October 1, 2008’’. (4) make risk-adjusted payments to all On page 62, line 22, strike ‘‘October 1, 2007’’ health insurance issuers and employers offer- da for national security reform. and insert ‘‘October 1, 2008’’. ing a HAPI plan in such State to account for The PRESIDING OFFICER. Without On page 67, line 23, strike ‘‘October 1, 2007’’ the specific population covered by the plan, objection, it is so ordered. and insert ‘‘October 1, 2008’’. in accordance with guidelines established by COMMITTEE ON FOREIGN RELATIONS On page 71, beginning on line 9, strike ‘‘Oc- the Secretary; Mr. AKAKA. Mr. President, I ask tober 1, 2007, and ending on September 30, f unanimous consent that the Com- 2011’’ and insert ‘‘October 1, 2008, and ending mittee on Foreign Relations be author- on September 30, 2012’’. AUTHORITY FOR COMMITTEES TO On page 71, line 23, strike ‘‘March 31, 2011’’ MEET ized to meet during the session of the and insert ‘‘March 31, 2012’’. Senate on Thursday, April 24, 2008, at 2 On page 72, line 3, strike ‘‘September 30, COMMITTEE ON ARMED SERVICES p.m. to hold a hearing on international 2011’’ and insert ‘‘September 30, 2012’’. Mr. AKAKA. Mr. President, I ask debt relief. On page 72, line 14, strike ‘‘fiscal years 2008 unanimous consent that the Com- The PRESIDING OFFICER. Without through 2011’’ and inserting ‘‘fiscal years 2009 mittee on Armed Services be author- objection, it is so ordered. through 2012’’. ized to meet during the session of the On page 73, line 4, strike ‘‘fiscal year 2011’’ COMMITTEE ON FOREIGN RELATIONS and insert ‘‘fiscal year 2012’’. Senate on Thursday, April 24, 2008, at Mr. AKAKA. Mr. President, I ask On page 75, beginning on line 22, strike 9:30 a.m., in closed session to receive a unanimous consent that the Com- ‘‘December 31, 2010’’ and insert ‘‘December briefing on a sensitive intelligence mittee on Foreign Relations be author- 31, 2011’’. matter. ized to meet during the session of the The PRESIDING OFFICER. Without Senate on Thursday, April 24, 2008, at Mr. WYDEN (for himself, SA 4577. objection, it is so ordered. 4:45 p.m. to hold a briefing on a classi- Mr. BENNETT, Mr. GRASSLEY, and Ms. COMMITTEE ON BANKING, HOUSING, AND URBAN fied matter. STABENOW) submitted an amendment AFFAIRS The PRESIDING OFFICER. Without intended to be proposed by him to the Mr. AKAKA. Mr. President, I ask objection, it is so ordered. bill S. 334, to provide affordable, guar- unanimous consent that the Com- COMMITTEE ON HEALTH, EDUCATION, LABOR, anteed private health coverage that mittee on Banking, Housing, and AND PENSIONS will make Americans healthier and can Urban Affairs be authorized to meet Mr. AKAKA. Mr. President, I ask never be taken away; which was re- during the session of the Senate on unanimous consent that the Com- ferred to the Committee on Finance; as April 24, 2008, at 10 a.m., to conduct a mittee on Health, Education, Labor, follows: committee hearing entitled ‘‘Turmoil and Pensions be authorized to meet, On page 7, line 18, strike the period and in- in U.S. Credit Markets: Examining the during the session of the Senate, in sert the following: ‘‘or an employer-spon- U.S. Regulatory Framework Assessing order to conduct a hearing entitled sored health coverage plan described under section 103 offered by an employer.’’. Sovereign Investments.’’ ‘‘Restoring FDA’s Ability to Keep On page 11, beginning on line 3, strike ‘‘of- The PRESIDING OFFICER. Without America’s Families Safe’’ on Thursday, fered through the HHA of the adult individ- objection, it is so ordered. April 24, 2008. The hearing will com- ual’s State of residence’’. COMMITTEE ON COMMERCE, SCIENCE, AND mence at 9:30 a.m. in Room 106 of the On page 12, beginning on line 4, strike ‘‘of- TRANSPORTATION Dirksen Senate Office Building. fered through the HHA of the adult individ- Mr. AKAKA. Mr. President, I ask The PRESIDING OFFICER. Without ual’s State of residence’’. unanimous consent that the Com- objection, it is so ordered. On page 16, between lines 3 and 4, insert the following: mittee on Commerce, Science, and COMMITTEE ON INDIAN AFFAIRS SEC. 103. HEALTH COVERAGE PLANS OFFERED Transportation be authorized to hold Mr. AKAKA. Mr. President, I ask BY EMPLOYERS. an Executive Session during the ses- unanimous consent that the Com- (a) PLAN REQUIREMENTS.— sion of the Senate on Thursday, April mittee on Indian Affairs be authorized

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3411 to meet on Thursday, April 24, at 9 a.m. of the Dirksen Senate Office Building. AUTHORITY TO SIGN ENROLLED in Room 562 of the Dirksen Senate Of- The witness list is not yet available. BILLS fice Building to conduct a business The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent meeting on pending issues to be fol- objection, it is so ordered. the majority leader be authorized to lowed immediately by an oversight SUBCOMMITTEE ON WATER AND POWER sign duly enrolled bills and joint reso- hearing on ‘‘Recommendations for Im- Mr. AKAKA. Mr. President, I ask lutions through the recess or adjourn- proving the Federal Acknowledgment unanimous consent that the Sub- ment of the Senate until Monday, April Process.’’ committee on Water and Power be au- 28, of this year. The PRESIDING OFFICER. Without thorized to meet during the session of The PRESIDING OFFICER. Without objection, it is so ordered. the Senate in order to conduct a hear- objection, it is so ordered. COMMITTEE ON THE JUDICIARY ing on Thursday, April 24, 2008, at 2:15 f Mr. AKAKA. Mr. President, I ask p.m., in Room SD–366 of the Dirksen AWARDING THE CONGRESSIONAL unanimous consent that the Senate Senate Office Building. GOLD MEDAL TO DAW AUNG SAN Committee on the Judiciary be author- The PRESIDING OFFICER. Without SUU KYI ized to meet during the session of the objection, it is so ordered. Senate, to conduct an executive busi- f Mr. REID. I ask unanimous consent ness meeting on Thursday, April 24, that the Banking Committee be dis- 2008, at 10 a.m. in Room SD–226 of the PRIVILEGES OF THE FLOOR charged from consideration of H.R. Dirksen Senate Office Building. Mr. HARKIN. Mr. President, I ask 4286. The PRESIDING OFFICER. Without unanimous consent that Jeryle Greene The PRESIDING OFFICER. Without objection, it is so ordered. and Mindy Van Woerkom of my staff be objection, it is so ordered. The clerk will report the bill by title. SELECT COMMITTEE ON INTELLIGENCE granted the privilege of the floor for The legislative clerk read as follows: Mr. AKAKA. Mr. President, I ask the duration of today’s session. unanimous consent that the Select The ACTING PRESIDENT pro tem- A bill (H.R. 4286) to award the Congres- pore. Without objection, it is so or- sional Gold Medal to Daw Aung San Suu Kyi Committee on Intelligence be author- in recognition of her courageous and unwav- ized to meet during the session of the dered. ering commitment to peace, nonviolence, Senate on April 24, 2008, at 2:30 p.m. to Mr. KENNEDY. Mr. President, on be- human rights and democracy in Burma. hold a closed hearing. half of Senator DODD, I ask unanimous There being no objection, the Senate The PRESIDING OFFICER. Without consent that Pam Bradley, a fellow in proceeded to consider the bill. objection, it is so ordered. Senator DODD’s office, be granted floor Mr. MCCONNELL. Mr. President, I SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- privileges for the duration of consider- rise today to note Senate passage of AGEMENT, GOVERNMENT INFORMATION, FED- ation of the Genetic Information Non- H.R. 4286, legislation that would award ERAL SERVICES, AND INTERNATIONAL SECU- discrimination Act. the Congressional Gold Medal to the RITY The PRESIDING OFFICER. Without jailed prodemocracy leader and Nobel Mr. AKAKA. Mr. President, I ask objection, it is so ordered. Peace Prize Laureate Aung San Suu unanimous consent that the Com- f Kyi. The bill now goes to the President mittee on Homeland Security and Gov- FAA REAUTHORIZATION ACT OF for his signature. ernmental Affairs’ Subcommittee on I am pleased to report that this legis- 2007—MOTION TO PROCEED Federal Financial Management, Gov- lation has enjoyed broad bipartisan ernment Information, Federal Serv- CLOTURE MOTION support. Once again I am joined in this ices, and International Security be au- Mr. REID. Mr. President, I move to effort by my friend, the senior Senator thorized to meet during the session of proceed to Calendar No. 383, H.R. 2881, from California. Senator FEINSTEIN and the Senate on Thursday, April 24, 2008, the FAA Reauthorization Act of 2007, I introduced this legislation and it has at 9:30 a.m. in order to conduct a hear- and I send a cloture motion to the 76 cosponsors. In this regard, I would ing entitled, ‘‘Addressing Iran’s Nu- desk. like to thank Rich Harper of Senator clear Ambitions.’’ The PRESIDING OFFICER. The clo- FEINSTEIN’s staff and Lucy Bean of my The PRESIDING OFFICER. Without ture motion having been presented staff for their work on the bill. objection, it is so ordered. under rule XXII, the Chair directs the When first established in 1776, the SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT clerk to read the motion. Congressional Gold Medal was given to MANAGEMENT, THE FEDERAL WORKFORCE, The legislative clerk read as follows: military leaders for their achievements AND THE DISTRICT OF COLUMBIA CLOTURE MOTION in battle. Since that time, it has be- Mr. AKAKA. Mr. President, I ask We, the undersigned Senators, in accord- come America’s highest civilian honor, unanimous consent that the Com- ance with the provisions of rule XXII of the having been bestowed upon great mittee on Homeland Security and Gov- Standing Rules of the Senate, do hereby friends of freedom such as Winston ernmental Affairs’ Subcommittee on move to bring to a close the debate on the Churchill, Nelson Mandela and Martin Oversight of Government Management, motion to proceed to Calendar No. 383, H.R. Luther King, Jr. Granting Suu Kyi the the Federal Workforce, and the Dis- 2881, the FAA reauthorization bill: Gold Medal would continue that same trict of Columbia be authorized to Harry Reid, Daniel K. Inouye, Barbara tradition of honoring heroism in the meet during the session of the Senate Boxer, Patty Murray, Byron L. Dorgan, Edward M. Kennedy, Christopher J. defense of liberty. on Thursday, April 24, 2008, at 2 p.m. in Dodd, Daniel K. Akaka, Benjamin L. For more than 20 years, Suu Kyi’s order to conduct a hearing entitled, Cardin, Patrick J. Leahy, Bernard support for justice and democracy has ‘‘Beyond Control: Reforming Export Sanders, Sherrod Brown, Amy placed her at odds with the tyranny Licensing Agencies for National Secu- Klobuchar, Richard Durbin, Ken and oppression of the Burmese junta, rity and Economic Interests.’’ Salazar, Sheldon Whitehouse, Max the State Peace and Development The PRESIDING OFFICER. Without Baucus. Council, SPDC. She and her supporters objection, it is so ordered. Mr. REID. Mr. President, I ask unan- have combated the brutality of the SUBCOMMITTEE ON ANTITRUST, COMPETITION imous consent that on Monday, April junta with peaceful protest and resist- POLICY AND CONSUMER RIGHTS 28, the Senate resume consideration of ance. She has chosen dignity as her Mr. AKAKA. Mr. President, I ask the motion to invoke cloture at 4:30, weapon, and she has found allies unanimous consent that the Senate with the time until 5:30 equally divided around the world to aid her in her Committee on the Judiciary, Sub- and controlled between the two leaders struggle. committee on Antitrust, Competition or their designees; and that at 5:30 the Despite the efforts of Suu Kyi and Policy and Consumer Rights, be au- Senate proceed to vote on the motion her allies, the SPDC will soon place a thorized to meet during the session of to invoke cloture on the motion to pro- sham constitution before the people of the Senate, in order to conduct a hear- ceed to H.R. 2881, with the mandatory Burma for an up-or-down vote. This ing entitled ‘‘An Examination of the quorum call being waived. might sound democratic, but no one is Delta-Northwest Merger’’ on Thursday, The PRESIDING OFFICER. Without fooled. This proposed constitution in- April 24, 2008, at 2 p.m., in Room SD–226 objection, it is so ordered. cludes language that would forbid Suu

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He is one of the senior Mem- pose is to legitimize and make perma- screening for cystic fibrosis to facilitate bers of the Senate and chairman of the nent the military junta and its brutal early diagnosis and treatment which im- Armed Services Committee, an appro- tyranny. proves health and life expectancy; priate person to do this. By awarding Suu Kyi the Congres- Whereas prompt, aggressive treatment of f sional Gold Medal, we in Congress are the symptoms of cystic fibrosis can extend letting the world know that the Amer- the lives of people who have the disease; MEASURE READ THE FIRST TIME ican people stand with Suu Kyi and the Whereas recent advances in cystic fibrosis research have produced promising leads in Mr. REID. I understand that H.R. freedom-loving people of Burma and 5613 is at the desk. against the junta and the illegitimate gene, protein, and drug therapies beneficial to people who have the disease; The PRESIDING OFFICER. The charter it is propounding. Whereas innovative research is progressing clerk will report the bill by title. Mr. REID. I ask unanimous consent faster and is being conducted more aggres- The legislative clerk read as follows: that the bill be read a third time, sively than ever before, due, in part, to the A bill (H.R. 5613) to extend certain mora- passed, the motion to reconsider be Cystic Fibrosis Foundation’s establishment toria and impose additional moratoria on laid on the table, there be no inter- of a model clinical trials network; certain Medicaid regulations through April Whereas, although the Cystic Fibrosis vening action or debate, and that all 1, 2009, and for other purposes. statements relating to the bill be Foundation continues to fund a research Mr. REID. Mr. President, I ask for its printed in the RECORD. pipeline for more than 30 potential therapies The PRESIDING OFFICER. Without and funds a nationwide network of care cen- second reading but then object to my objection, it is so ordered. ters that extend the length and quality of own request. The question is on the third reading life for people with cystic fibrosis, lives con- The PRESIDING OFFICER. Objec- tinue to be lost to this disease every day; and passage of the bill. tion is heard. Whereas education of the public about cys- The bill will be read the second time The bill (H.R. 4286) was ordered to a tic fibrosis, including the symptoms of the third reading, was read the third time, disease, increases knowledge and under- on the next legislative day. and passed. standing of cystic fibrosis and promotes f f early diagnosis; and Whereas the Cystic Fibrosis Foundation ORDERS FOR MONDAY, APRIL 28, NATIONAL CYSTIC FIBROSIS will conduct activities to honor National 2008 AWARENESS MONTH Cystic Fibrosis Awareness Month in May Mr. REID. Mr. President, I ask unan- Mr. REID. I ask unanimous consent 2008: Now, therefore, be it imous consent that when the Senate that the Committee on Health, Edu- Resolved, That the Senate— (1) honors the goals and ideals of National completes its business today, it stand cation, Labor, and Pensions be dis- Cystic Fibrosis Awareness Month; adjourned until 2 p.m., Monday, April charged from further consideration of (2) supports the promotion of further pub- 28; that following the prayer and S. Res. 510 and the Senate proceed to lic awareness and understanding of cystic fi- pledge, the Journal of proceedings be its consideration. brosis; approved to date, the morning hour be The PRESIDING OFFICER. Without (3) encourages early diagnosis and access deemed expired, the time for the two objection, it is so ordered. to quality care for people with cystic fibrosis leaders be reserved for their use later The clerk will report the resolution to improve the quality of their lives; and (4) supports research to find a cure for cys- in the day, and there then be a period by title. of morning business until 4:30 p.m., The legislative clerk read as follows: tic fibrosis by fostering an enhanced re- with Senators permitted to speak for A resolution (S. Res. 510) supporting the search program through a strong Federal goals and ideals of National Cystic Fibrosis commitment and expanded public-private up to 10 minutes each, with the time Awareness Month. partnerships. equally divided and controlled between There being no objection, the Senate f the two leaders or their designees, and that Senator DORGAN be recognized to proceeded to consider the resolution. REGARDING THE 60TH ANNIVER- speak for up to 30 minutes; that at 4:30 Mr. REID. I ask unanimous consent SARY OF THE FOUNDING OF THE p.m., the Senate resume consideration that the resolution be agreed to, the MODERN STATE OF ISRAEL of the motion to proceed to Calendar preamble be agreed to, the motions to Mr. REID. I ask unanimous consent reconsider be laid on the table, there be No. 383, H.R. 2881, FAA reauthoriza- the Senate proceed to the immediate tion, as under the previous order. no intervening action or debate, and all consideration of H. Con. Res. 322. statements relating to this matter be The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. printed in the RECORD. clerk will report the concurrent resolu- The PRESIDING OFFICER. Without tion by title. f objection, it is so ordered. The legislative clerk read as follows: The resolution (S. Res. 510) was FAA REAUTHORIZATION agreed to. A concurrent resolution (H. Con. Res. 322) Mr. REID. Mr. President, I had the recognizing the 60th anniversary of the The preamble was agreed to. opportunity to meet this afternoon The resolution, with its preambles, founding of the modern State of Israel and reaffirming the bonds of close friendship and with unions representing different air- reads as follows: cooperation between the United States and line entities. I also met with the own- Whereas cystic fibrosis is one of the most Israel. ers and operators of airlines. We have a common life-threatening genetic diseases in There being no objection, the Senate real problem on our hands. Fuel costs the United States and one for which there is proceeded to consider the concurrent are now approaching 50 percent of the no known cure; costs of our commercial airlines—50 Whereas the average life expectancy of an resolution. individual with cystic fibrosis is 37 years, an Mr. REID. I ask unanimous consent percent. It used to be that the No. 1 improvement from a life expectancy in the that the concurrent resolution be cost, of course, was labor, personnel, 1960s where children did not live long enough agreed to, the preamble be agreed to, but that is not the way it is. It is ap- to attend elementary school, but still unac- the motions to reconsider be laid on proaching 50 percent. ceptably short; the table with no intervening action or We are spending billions and billions Whereas approximately 30,000 people in the debate, and any statements relating to of dollars, and most of that money is United States have cystic fibrosis, more than this matter be printed in the RECORD. going to places we would rather it not half of them children; go, to countries that have certainly Whereas 1 of every 3,500 babies born in the The PRESIDING OFFICER. Without United States is born with cystic fibrosis; objection, it is so ordered. nondemocratic forms of government, Whereas more than 10,000,000 Americans The concurrent resolution (H. Con. and a number of them are doing some are unknowing, symptom-free carriers of the Res. 322) was agreed to. very bad things with the money we are cystic fibrosis gene; The preamble was agreed to. sending.

VerDate Aug 31 2005 04:54 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S24AP8.REC S24AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 24, 2008 CONGRESSIONAL RECORD — SENATE S3413 We are going to approach this FAA The bill will be read the second time THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE GRADES INDICATED IN THE UNITED STATES reauthorization to try to direct atten- on the next legislative day. NAVY UNDER TITLE 10, U.S.C., SECTION 531: tion to some of the issues we read f To be commander about every day: 3,000 flights being ADJOURNMENT UNTIL MONDAY, canceled, airlines flying with improper STANLEY A. OKORO APRIL 28, 2008, AT 2 P.M. MERYL A. SEVERSON III equipment. We are going to do our very best to have a good debate. I hope we Mr. REID. Mr. President, if there is To be lieutenant commander can proceed to this legislation. It is no further business to come before the COLEMAN J. BRYAN Senate, I ask unanimous consent that BRIAN M. CAMERON something that is so important for us TED R. CAMPBELL to do as a country. it stand adjourned under the previous STEVE S. CHAN Mr. President,the cloture vote on the order. JENNIFER M. COLOMBO There being no objection, the Senate, REBECCA J. EICK motion to proceed to the FAA reau- BRIAN L. FELDMAN thorization bill—I will again remind at 6:28 p.m., adjourned until Monday, KANTI R. FORD April 28, 2008, at 2 p.m. MARION C. HENRY everyone—will be at 5:30 p.m. on Mon- JASON J. LUKAS f JOSEPH R. LYNCH day. WEBB R. MCCANSE f NOMINATIONS KATHLEEN J. MCDONALD EDWARD J. MILLER MEASURE READ THE FIRST Executive nominations received by JOSHUA P. MOSS DANIEL G. NICASTRI TIME—S. 2920 the Senate: STACEY C. QUINTERO UNITED STATES ADVISORY COMMISSION ON JAMISON R. RIDGELEY Mr. REID. Mr. President, I think—I DAVID B. ROSENBERG PUBLIC DIPLOMACY do not think—I am almost certain that LYNDON L. OLSON, JR., OF TEXAS, TO BE A MEMBER OF S. 2920 is at the desk and due for its THE UNITED STATES ADVISORY COMMISSION ON PUBLIC f first reading. DIPLOMACY FOR A TERM EXPIRING JULY 1, 2008, VICE The PRESIDING OFFICER. The HAROLD C. PACHIOS, TERM EXPIRED. WITHDRAWAL clerk will report the bill by title. DEPARTMENT OF STATE The legislative clerk read as follows: KRISTEN SILVERBERG, OF TEXAS, TO BE REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE EURO- Executive message transmitted by A bill (S. 2920) to reauthorize and improve PEAN UNION, WITH THE RANK AND STATUS OF AMBAS- the President to the Senate on April 24, the financing and entrepreneurial develop- SADOR EXTRAORDINARY AND PLENIPOTENTIARY. 2008 withdrawing from further Senate ment programs of the Small Business Ad- IN THE NAVY consideration the following nomina- ministration, and for other purposes. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. REID. Mr. President, I now ask IN THE UNITED STATESS NAVY TO THE GRADE INDI- tion: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE C. BOYDEN GRAY, OF THE DISTRICT OF COLUMBIA, TO for its second reading but object to my AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BE REPRESENTATIVE OF THE UNITED STATES OF AMER- own request. 601: ICA TO THE EUROPEAN UNION, WITH THE RANK AND STA- The PRESIDING OFFICER. Objec- To be vice admiral TUS OF AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY, WHICH WAS SENT TO THE SENATE ON JAN- tion is heard. REAR ADM. DAVID J. DORSETT UARY 9, 2007.

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