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, WEDNESDAY, NOVEMBER 19, 2008 No. 176 Senate The Senate met at 9:30 a.m. and was appoint the Honorable E. BENJAMIN NELSON, leader. Our legislation was worked out called to order by the Hon. E. BEN- a Senator from the State of Nebraska, to with the Appropriations, Finance, and JAMIN NELSON, a Senator from the perform the duties of the Chair. Agriculture Committees. This legisla- State of Nebraska. ROBERT C. BYRD, tion would invest in infrastructure, ex- President pro tempore. tend unemployment insurance, provide PRAYER Mr. NELSON of Nebraska thereupon food stamps and fiscal relief for States assumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- to prevent States from being forced to pro tempore. fered the following prayer: cut services and raise taxes more than Let us pray. f they already have, and it would be pro- Creator of humanity, make us one. RECOGNITION OF THE MAJORITY viding aid to the ailing United States Bring unity to our Senate, Nation, and LEADER auto industry. world. Help us to see that awesome It is important to understand that things can be accomplished when we The ACTING PRESIDENT pro tem- the authority to provide funds to the stop worrying about who will get the pore. The majority leader is recog- auto industry lies with the Treasury credit, and that we can achieve so nized. Department. The Federal Reserve can much more working together than la- f also provide these funds. As the Senate considers whether to pass an auto aid boring solo. SCHEDULE With this unity, infuse us also with a package, whether this legislation or spirit of hopeful pragmatism. Lord, Mr. REID. Mr. President, following other legislation, we all need to re- give us realistic expectations about our leader remarks, the Senate will pro- member that we are simply deciding future. Remind us that many problems ceed to a period of morning business, whether Congress will apply additional that took decades to create will not be with Senators permitted to speak for terms to the funds that the Treasury quickly solved. Motivate us to make up to 10 minutes each. Department can and should ultimately the necessary sacrifices so that rough For the information of Senators, provide. In fact, Congress need do noth- places will be made smooth and crook- there will be a Senators-only classified ing. Treasury can put whatever restric- ed places will be made straight. briefing at 2:30 today. It will last for an tions they choose on that. We pray in Your great Name. Amen. hour or an hour and a half. We will I hope we can pass legislation to aid have there Secretary Gates, Secretary the auto industry this next day or two. f Rice, and Vice Chairman of the Joint If we cannot do it here legislatively, I PLEDGE OF ALLEGIANCE Chiefs of Staff James Cartwright. This hope the Secretary of Treasury listens will take place in our new secure meet- loudly and clearly, because they can The Honorable E. BENJAMIN NELSON ing room in the Visitor Center. led the Pledge of Allegiance, as follows: take this into their own hands and do what they think is appropriate from I pledge allegiance to the Flag of the f their perspective. United States of America, and to the Repub- ECONOMIC STIMULUS PLAN lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. Mr. REID. Mr. President, we received some more bad news today. Today it RECOGNITION OF THE MINORITY f was reported that China has surpassed LEADER APPOINTMENT OF ACTING Japan as the top holder of United The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE States debt. One out of every 10 dollars pore. The Republican leader is recog- of American debt now belongs to the The PRESIDING OFFICER. The nized. Chinese. As we fall further into debt, clerk will please read a communication f our climb back from recession to eco- to the Senate from the President pro nomic prosperity grows steeper. But in A BIPARTISAN APPROACH tempore (Mr. BYRD). light of these challenges, there is no C The assistant legislative clerk read Mr. M CONNELL. Mr. President, the reason for Congress to wait until Janu- the following letter: auto industry is an important part of ary to do some things that will help the American economy, I certainly U.S. SENATE, the economy. We know that before the agree with my good friend the majority PRESIDENT PRO TEMPORE, Washington, DC, November 19, 2008. Senate is a comprehensive stimulus leader, and an important job creator in To the Senate: plan. I will be discussing ways of pro- my State. We are all aware that one Under the provisions of rule I, paragraph 3, ceeding on that, or not proceeding on reason Congress is back in session this of the Standing Rules of the Senate, I hereby that, with my friend, the Republican week is to address the crisis in the

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

S10607

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VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.000 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10608 CONGRESSIONAL RECORD — SENATE November 19, 2008 auto industry. Although our friends on the financial industry. We are crossing than now, but will absolutely doom the other side have been talking about what was supposed to be a bright line them to eventual failure. this issue with increasing frequency, and going to other sectors of major Why do I say that? For a simple rea- they have yet to indicate how they manufacturing, starting with the auto son; because these proposals are not plan to move forward. There is clearly companies, but I am convinced it cer- coupled in any way with the funda- a deep controversy about using funds tainly will not end there. mental restructuring that the Amer- designed to strengthen our credit mar- The second reason I am very con- ican auto companies need to become kets to shore up distressed companies cerned is for the sake and future of the competitive and to survive. and other industries. We all understand auto companies and those workers A few weeks ago when we talked that. It is one of the main reasons why themselves, because I am convinced about the financial crisis, we were fo- there is still a significant lack of sup- that if we pass this type of bailout pro- cused on just that, a financial crisis port from both sides of the aisle to that posal, it will not save the auto compa- within the banking industry, within fi- particular kind of approach. nies, it will absolutely ensure their de- nancial institutions. That was about It is an understatement to say there mise. That is because it is a bailout credit freezing up and impacting the is deep concern about the impact of that is not coupled in any way with economy in an overall way. But of more than $100 billion of new deficit fundamental restructuring and funda- course auto companies’ problems and spending in the bill that has been put mental reform. challenges predate that by years and forward. So let me suggest a bipartisan Let me go back to the original finan- years. Certainly the financial crisis path forward that has not yet been of- cial industry bailout proposal. On Sep- made their immediate situation worse, fered by the majority. It is a com- tember 29, I announced my strong op- made their immediate straits more promise being worked on by Senators position to that, based on many rea- challenging, but their ultimate chal- VOINOVICH and BOND which reproposes sons which I articulated here on the lenge and their ultimate troubles have funds already appropriated, money we Senate floor. One of them was that I nothing to do with this immediate fi- have already appropriated to fund a $25 thought it would invite many more nancial crisis. They have to do with billion loan program for auto makers bailouts to come. As I said, it was ‘‘an the legacy costs and very high labor to build advanced technology vehi- unprecedented government bailout and other costs that those companies cles—coupled with new taxpayer pro- that will almost certainly pave the are burdened by, which makes them tections and Federal oversight about way for even more, maybe sooner rath- fundamentally uncompetitive with how the money is spent. This is a pro- er than later.’’ their worldwide competitors today. posal which I believe has support from Even as I spoke then on September What am I talking about? That extra both sides of the aisle and that actu- 29, quite frankly I never would have burden brought on by legacy costs and ally has the potential to pass right guessed that we would be at that point union obligations is estimated to be now, not next year. There is a way for- now, so soon, a few weeks later. But we about $2,000 per car for the big three ward that will help protect the jobs in are. Again, what started as an idea auto manufacturers—$2,000 per car. the auto industry while also protecting about the banking industry—don’t let What does that mean? What it means is the taxpayers. Senators VOINOVICH and it fail; only about financial services in- Ford, for example, needs to cut $2,000 BOND are working with colleagues dustries—is now ever widening. worth of features out of its Taurus to across the aisle to protect taxpayers First of all, it has been widened with- compete with, say, Toyota’s Avalon. It and our long-term economic health. in the TARP program itself, because is no surprise that the Avalon feels like Should this compromise approach be while Treasury Secretary Paulson a better product. It is a better product. approved by the Congress, it is the only came to Congress, came to Capitol Hill It has $2,000 more features, in terms of proposal now being considered that we with a very clear message of what that comparable sales prices, when it goes believe President Bush will sign. It program was about—buying bad assets, to the lot. Of course it is going to be a could actually become law and become taking them off the books of financial better product. law in the very near future. companies—even within that program Another example is the U.S. auto As we move forward, we must do so we have already moved on to plan B, companies and their unions admit that in a bipartisan way on this and the which is infusing money directly into union demands have driven up labor myriad of other issues to come, and a banks. And now we are moving on to costs at the big three U.S. auto manu- good place to start would be right now. plan C, infusing money into other sec- facturers to $30 per hour more than I yield the floor. tors such as consumer credit cards, their foreign-owned competitors, in- student loans, and other ventures. So cluding competitors such as Toyota f even within that TARP bailout struc- that employ Americans and produce RESERVATION OF LEADER TIME ture we have expanded the bailouts and cars in America right here and now. moved on from plan A, which was the How can the big three possibly re- The ACTING PRESIDENT pro tem- entire premise on which Congress main competitive in a worldwide econ- pore. Under the previous order, the passed the legislation, to plan B and to omy with that sort of disadvantage? leadership time is reserved. plan C. And throw on top of that the fact that f Now we are about to cross a much the CEO of GM managed to get a 64- MORNING BUSINESS brighter line and we are potentially ex- percent pay raise recently despite his panding this bailout fever much more company’s shares dropping more than The ACTING PRESIDENT pro tem- by going well beyond the financial in- 90 percent over the past 52 weeks. That pore. Under the previous order, the dustry, by going well beyond the bank- is not a recipe to stay or become com- Senate will proceed to a period of ing system, well beyond the promise we petitive, that is a recipe for failure. morning business, with Senators per- simply need to stabilize the banking The reason the auto companies will mitted to speak up to 10 minutes each. system, to now saving companies be- be doomed to that failure if we pass The Senator from Louisiana is recog- cause they are big, because they are, in this bailout is because we are giving nized. a word, too big to allow to fail. them plenty of taxpayer dollars with- f I think that is a fundamental mis- out demanding the fundamental re- take. But as I said, the other reason I structuring, the fundamental revisiting AUTO INDUSTRY BAILOUT think it is a fundamental mistake has of those additional costs, these ex- PROPOSALS to do with the companies’ futures and traordinary labor costs, those burden- Mr. VITTER. Mr. President, I rise to the workers’ futures themselves. I some legacy costs that it will take to express my grave concerns about all of think this auto industry bailout pro- make them competitive on a worldwide the auto industry bailout proposals. I posal is a fundamental mistake be- stage. do that for two fundamental reasons. cause I believe it will not only not save My argument is very simple: Let’s First of all, I am very concerned of this those companies, but I believe it will not cross that bright line. Let’s not ex- ever-widening bailout fever, bailout absolutely doom them to eventual fail- pand in a fundamental way bailout mania. We are now going well beyond ure—yes, a few months later rather fever for the good of our free market

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.006 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10609 system. But also, for the good of the ORDER FOR RECESS package, as we look at solutions for auto industry in the United States, for Ms. MIKULSKI. Mr. President, I ask our manufacturing area, how to extend the good of those workers, let’s not unanimous consent that the Senate re- the safety net for those people who are doom them to failure. Let’s demand, cess today from 2:30 until 4 to allow already hurting: Let’s do that. whatever we do, that they go into a pe- Senators to attend today’s briefing Right now, once again, back to busi- riod of fundamental restructuring—the with Secretary Gates, Secretary Rice, ness as usual, entangled in a par- type of fundamental restructuring that and the Vice Chairman of the Joint liamentary quagmire, digging in our is necessary, for instance, in a bank- Chiefs. heels, based on rigid ideology. That is ruptcy. It does not have to be done in The ACTING PRESIDENT pro tem- not what the people said on November the context of an actual bankruptcy. pore. Without objection, it is so or- 4. They said they wanted change, and Many people say that would kill auto dered. they want it now. Let it begin with us, sales; that it is not practical, they can- civilized debate, the clash of ideas to not survive that. f find that sensible center. By the way, I do not particularly agree with that WORKING TOGETHER that phrase is not mine. That phrase is argument, but that same fundamental Colin Powell’s, a great American. restructuring can be done in other Ms. MIKULSKI. Mr. President, that There it is, right there is the center. ways without that bankruptcy title was quite a letter. I must say, to be I am ready to walk over to it. Come on looming over the companies’ heads. here for this historic moment, my over, I say to the other side. That is what they need to survive. heart is racing. We heard the letter f That is what those workers need to from the President-elect resigning keep their jobs. Let’s not pass this from the Senate. This is, indeed, a mo- STIMULUS PACKAGE auto industry bailout and deny them ment of passage in the Senate and for Ms. MIKULSKI. Mr. President, today the possibility of a survivable and the country. By Senator Obama’s res- I am standing here asking for help on brighter future. ignation from the duty and responsi- the stimulus package. I know that part These remarks apply equally to not bility the people of Illinois gave him, it of the stimulus package is to extend only the Democratic leader’s proposal, is one more step for him to pick up the unemployment insurance. I absolutely under which the $25 billion would come responsibilities of the Presidency of support that. But what I also wish to directly out of the TARP program, but the United States. I will cherish this do is not only extend unemployment my remarks and my concerns are fun- moment because it will be a historic insurance for those who are hurting, I damental. They apply equally to Presi- moment, from ‘‘We need change’’ and am with the parts of the stimulus dent Bush’s proposal, which is essen- ‘‘Yes, we can’’ on the long campaign package that will extend employment, tially the same, simply taking the trail to election night, to a charismatic where we will do what we need to do to money out of a different pot, simply speech calling us to act like an Amer- create the safety net, but we need to using the $25 billion of low-interest ican community, not only a country of have a launching pad to keep jobs in loans we have already authorized, which we are proud, a nation we hold this country. I wish to vote to extend against my objections, to do the same dear, but an American community. unemployment help, but I wish to also thing. That is the Obama message which I Again, my concerns are not super- vote to extend employment help. Hello. hope will be the Obama effect. As our ficial—use this pot of money and not Let’s find that sensible center. President-elect lays down these duties that pot—my concerns are much more I am for saving and creating jobs, and and takes up others, we need to realize fundamental. They go to the center of I am also saying: Congress must act and respond to his call and a new the future of our economy. But they now. In the next 48 to 72 hours, we have American mandate. Because on Novem- also go to the core of what is needed our own rendezvous. If we do not act, ber 4, we who hold Federal office re- for the U.S. auto industry to remain we will create an economic framework ceived a new American mandate to competitive, to become more competi- that means the recession will be longer tive, and to save those American jobs. change the tone, to change the direc- and deeper. The cost of doing nothing I yield the floor, and I suggest the ab- tion, to change the priorities, and to be is more than we can afford to pay. sence of a quorum. able to move on and get our economy I support the safety net in the eco- The ACTING PRESIDENT pro tem- rolling and bring our troops back home nomic recovery package—help with un- pore. The clerk will call the roll. and restore our national honor in the employment, energy assistance, help The legislative clerk proceeded to world. on Medicaid for the children and the el- call the roll. Sign me up. Sign me up as an enthu- derly. Medicaid is a children’s and el- Ms. MIKULSKI. I ask unanimous siastic member of this effort. I accept derly program, for children who need consent that the order for the quorum that mandate. I accept it. I call upon health care and elderly who need to be call be rescinded. all my colleagues to do the same, to in nursing homes. The ACTING PRESIDENT pro tem- embrace the message Senator Obama I also support the part of the stim- pore. Without objection, it is so or- has set, not only in terms of a dy- ulus that creates jobs. I salute our dered. namic, robust agenda but how we will leadership team for coming up with the f work with each other. I thought it was framework to create jobs by making grand that he sat down with our col- important investments in physical in- COMMUNICATION FROM THE league from Arizona, Senator MCCAIN, frastructure—desperately needed. We HONORABLE BARACK OBAMA to talk about how they could work to- need to make public investments that The ACTING PRESIDENT pro tem- gether, how they could find that com- generate private sector jobs. Note what pore. The Chair lays a communication mon ground, how we could find that Senator Barb is saying: I am not for before the Senate. sensible center between what we want make work. I am not for a WPA. I am The legislative clerk read as follows: to do and what we can afford to do. for public investments that create pri- U.S. SENATE, That is the tone Obama set with vate sector jobs. By doing it in building Washington, DC, November 18, 2008. MCCAIN. Let’s set it now with REID and and rebuilding America’s infrastruc- Hon. RICHARD CHENEY, Vice President of the United States of America, MCCONNELL. Let’s try to find common ture, we will be safer, and we will have President of the U.S. Senate, U.S. Capitol, ground, that sensible center, prag- a stronger economy—repairing bridges, Washington, DC. matic, affordable solutions we can do building highways, mass transit that DEAR VICE PRESIDENT CHENEY, PRESIDENT now. We have a window. We have a we need to move people and improve OF THE U.S. SENATE: This letter is to inform time. As President-elect Obama said: the environment, also to build water you that I resigned from the United States This is our time. Our time doesn’t and sewer treatment plants to fix aging Senate, effective November 16, 2008, in order begin January 20. Our time doesn’t sewer systems. In my hometown of Bal- to prepare for my duties as President of the United States. begin January 6. This is our time now timore, our mayor is under an EPA Sincerely, to lay the groundwork for the transi- court order to rebuild the Baltimore BARACK OBAMA, tion of power, to work together. I ask sewer system. I am for that. My great- U.S. Senator. us now, as we look at the stimulus grandfather, who came to this country

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.008 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10610 CONGRESSIONAL RECORD — SENATE November 19, 2008 searching for the American dream, be- and good salaries. I do not want gomery County. The first thing was I lieving what Lady Liberty said when ‘‘closed’’ signs up all over America. So noticed two things: an empty show- she said: Give me your tired, your poor, it is jobs in manufacturing. room and on his lapel he had a Rotary yearning to be free, another member of Then there are jobs in car dealer- pin. This is a man for which that busi- my family said: Sign me up. And he ships. Did you know there are 30,000 car ness, in Montgomery County, was was a ditch digger on the Baltimore dealerships in America, and each one started in 1939, during the Depression, sewer system. My great-grandmother employs about 50 or 60 people—from because they believed in Roosevelt and married him because he was a man of the people who sell the cars, service they believed in the American econ- prospects. We rebuilt Baltimore then. I the cars, supply the parts, and the back omy. Can they believe in us? wish to rebuild Baltimore today and office workers handling the book- That man, with his Rotary pin and put people to work, from designing and keeping and the accounting. family, has provided jobs. They fix engineering, moving heavy lifting In my own home State there are 300 cars. They have sold cars and so on. equipment. dealers. If you look at the dealers na- They kept it going and at the same The Chesapeake Bay is polluted be- tionwide, we are talking about 150,000 time contributed to the charities in cause we don’t have enough water in people. In my own State, it is over their community, being a good cor- sewer treatment plants. That is one of 25,000 people. In many of my rural com- porate citizen. the reasons. So we can build that by munities, outside the hospital and You talk to the people who work making public investments in physical local government, they are the major there. Let’s talk to the guy I talked to infrastructure. By sending a dollar of employer. Dealers are at risk. The peo- who has worked there for 23 years. He taxpayer money today, we will have ple who work at the dealerships are at said: Senator Barb, all I have ever jobs today and economic recovery on risk. We can change that. wanted to do is fix cars. I love fixing the way. Now, let me go to the rationale. Why cars, and I have fixed Chevys and now Also, I wished to talk about helping now? Why the urgency? Well, first of Accords and Acuras, and I have done a the automobile industry. My other col- all, car purchases, whether you are great job. I have been happy, and I leagues will speak on the floor about talking about a Toyota or a Taurus, have made a lot of people happy. But I the need for the $25 billion plan. My whether you are talking about cars have two kids in college. I was told made in Detroit or made in Kentucky, colleagues will also speak about other that for the kind of job I have, there is Alabama or Tennessee or Texas, buying things to help Detroit for which I am a workforce shortage. But now there is cars, with people going into the show- supportive. But I also have another more of a shortage of work than a idea. See, the way I think, I am old- rooms, is down by 25 percent. But what we also know from the auto shortage of workers. fashioned. My dad ran a grocery store. This is whom we are fighting for. We research is that people buy more cars While others talk about the big macro during the period of Thanksgiving to are fighting for our friends. We are picture, I learned economics at the New Year’s Eve than any other 6-week fighting for our neighbors. We are macaroni-and-cheese level in my dad’s period. If you pass the Mikulski-Bond fighting for the people who have kept grocery store. It was about supply and amendment, and it is signed into law, our communities going. So we come demand. I am saying if we stimulate and people come into the showroom, back to wonder: How are we going to demand, which actually gets people to that is the time they want to buy cars, spend money? We have already spent buy cars, people will have to make and this is the time we could give them $350 billion that went to banks that do them. They will have to sell them. the Federal incentive, along with the not care. They have no remorse. They They will have to service them. They dealer and manufacturing incentives. have no sense of gratitude, and they will have to provide the insurance and It could mean tremendous help. did not regard us as an investor. Mr. other services to do it. Now, there are those who will say: President, $350 billion to banks and Let me tell you how I wish to save Gee, how much does this cost, Senator Paulson is walking around like a pas- jobs in the automobile industry and at MIKULSKI? It does cost $8 billion. How- sive investor. But here, if we make this the same time help our consumers and ever, the cost of doing nothing is phe- investment to enable the consumer to get our economy back on track. It is nomenal. The cost to the Government be in a new car, which will get more simple. It is straightforward. It is bi- is about $50 billion a year if we do fuel efficiency, lower carbon emissions, partisan. I am joined in my framework, nothing, if our automobile system goes and pick up our economy, I think we which I introduced as a freestanding down. If we face the ‘‘Armageddon’’ of are doing something. bill, by Senator KIT BOND of Missouri. one of them going bankrupt, our pen- I hope today we get a chance to vote More cosponsors are pouring in. My sion guaranty system would be in great on the economic recovery bill. It has provision simply says this: If you buy a difficulty. We would lose taxes in un- major components in it, and one of the new passenger car or light truck be- employment benefits. In other words, major component is it extends employ- tween November 12 of this year and De- there is a cost to doing nothing that is ment, which is what Americans want. cember 31 of next year, you will get a 10 to 20 times greater than what we are On the day Barack Obama resigned tax deduction on your sales tax and on talking about here. from the Senate, let us now resign our- the interest of your loan. Let me re- I know my time is about up. selves to follow what the mandate was peat that. It is a tax deduction for the I say: Pass this stimulus package. on November 4. They not only gave sales tax on buying that car or light Thanks to the leader, my auto provi- President-elect Obama a mandate; they truck. You will also be able to deduct sion is part of it. We need to talk about gave us a mandate: Get America roll- the interest on your loan. For many saving 3 million jobs in the automobile ing again. The Mikulski legislation people, depending on the size of the ve- industry. We need to talk about how to puts our economy back on wheels. hicle, it can go anywhere from $2,000 to help the American people. I yield the floor. $5,000. It saves jobs. Remember where I I conclude by saying, during the The ACTING PRESIDENT pro tem- started. Not only extend unemploy- break I went around and talked to my pore. The Senator from Alabama. ment benefits to those who have lost constituents. First of all, they are mad f their jobs but extend employment so as the dickens over the way this bail- WASTEFUL SPENDING people don’t lose their jobs. out package has been handled. They One out of every ten jobs in America feel we gave it to the sharks and the Mr. SESSIONS. Mr. President, I depends on the automobile industry. whales on Wall Street, and the little thank the Chair for the opportunity to What is it I mean? First of all, in guys—the minnows—got no help. What speak. I appreciate the eloquent re- manufacturing—and we know what it they are worried about is the losing of marks of my colleague, Senator MIKUL- feels like in Maryland. See this chart. their jobs. In many instances, they SKI. She is a passionate advocate for On Broening Highway we made have already lost their life savings, Middle America, and it is a pleasure to minivans for years. Now it is being they have lost their homes or they are serve with her in the Senate. cleared for who knows what. We know already in jeopardy. I have to say, it is a historic day that it has new uses but not like this. There Let’s talk about a car dealer. I Senator Obama has resigned and will were 1,000 jobs that paid good wages walked in to talk to a dealer in Mont- be on the road now to inauguration as

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.015 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10611 the President of the United States. When the economy goes into a reces- than trying to postpone the problem, People are happy about it. For so many sionary period, people start watching kicking the can down the road in some people, you can feel their excitement their spending. They decide they do not desperate attempt at stimulus to avoid about the possibilities. The country eat out as much. They decide they can- any pain in a normal recessionary wanted change, and we have some not buy as fancy clothes. They decide cycle. change out there. I think we need to they cannot afford a big, expensive So I worry about it. Let me tell my ask ourselves pretty clearly what kind house that has also been going up in colleagues about the deficit. The def- of change it is they were demanding of price, and maybe it is not going up icit surged after 9/11. We had increased Congress. We may well have some dis- now, so they wisely decide to stay rent- spending at airports and we did all agreements about that. ing or stay in the house they have, kinds of things and the deficit went up The day after the election, I was which depresses the price of housing. to almost $420 billion—one of the big- doing a little exercise at the park back This is the business cycle, I will just gest deficits in dollar terms we have home in Alabama, and I met an Afri- say. ever had, not as a percentage of GDP, can-American with an Army hat on. He I feel like we work our way through but a huge deficit and a reversal of the and his friends were talking happily, that. As people get their debt paid situation prior to that. That deficit has and there was an excitement about this down, they start buying more. In the gone down. A year ago September 30, election. He said: You know, this is the meantime, certain companies get hurt. our deficit for the year was $161 billion; first time I know my sacrifice in Viet- Companies that are selling big gas-guz- still large, too large, but going in the nam meant something. He was sincere zling vehicles and are committed to right direction. As of September 30 of about that. There is a good feeling out that product are going to be one of the this year, after we popped $150 billion there. groups that gets hit the hardest. I wish earlier this year directly into the def- I would say that one of the things the it were not so. I know this is not a icit to fund the stimulus that was sup- American people did not vote for, how- matter of insignificance that domestic posed to avoid a recession, now the def- ever, was wasteful Washington spend- automobile companies are in financial icit this year was $455 billion. And the ing. It is just not so. One of the things trouble. But they have been promoting one we are in today, I saw an article re- they rejected in the Bush administra- a product the American people do not cently that said the deficit will clearly tion was reckless spending, unprinci- want right now and they are com- be in excess of $750 billion, the largest pled spending. That is something that mitted to that product and it is trou- deficit in the history of our country has worried them. So in interpreting bling as to how we work our way out of and, probably, as a percentage of GDP, the results of the election, I think we it. But I think rewarding misbehavior one of the largest we have ever had. need to take care. is not the way to do it. Now we are talking about more spend- I noticed a recent Rasmussen Poll So it is pretty clear now that we are ing, more spending, more, more, more; showed that 80 percent of Americans in a recession and that credit had been we have to bail out this industry, that think the Government is too involved too cheap in the years leading up to industry, the other industry. in the economy, that the Government this. We had a bubble in housing. Peo- Alabama was heavily reliant on tex- is getting its nose too much in this and ple thought prices would never go tiles. Now, seventy percent of our tex- taking their money they sent here and down, and they bought houses larger tile industry is gone. You can go to spending it on somebody the Govern- than they could afford, made payments town after town where sewing plants ment wants to favor with Federal lar- that stressed them to the very limit to existed—no longer there. Should the gess. I do not think that is what the afford those big houses, pretty much on Federal Government have stopped election meant: that we ought to spend the theory that the housing prices were that? The little community in which I more. going to continue to go up and would grew up, the original community was Also, on the question of the bailout, never go down. Those of us who have on the river where steamboats plied less than one-third of the American been around a while should have known the river. After railroads came, the people in the Rasmussen Poll said they that is not a good way to go. We have community sort of moved a few miles favored an automobile company bail- known, and we have seen it in our very over to the railroad. That is where I out. This is contrary to our funda- neighborhoods, the young couple buy- grew up, in a little railroad commu- mental principles. We may have to, at ing huge automobiles, borrowing nity. Then the passenger trains certain times, do things that are a vio- money to do so—$40,000, $50,000, stopped, and the freight trains stopped lation of principle. We ought to be very $60,000—that they could not afford. It and people had interstates and other cautious about doing so. These are also guzzled fuel, cost them more at ways to communicate and travel and things that have served this country the pump, and each month they ran up airplanes came along. Should we have well for over 200 years. We need to be debts on their credit card, including passed—we had a railroad depot there, careful about it. gasoline. When you get to the max- and my friend’s dad ran it. Well, it is So I do not think the change people imum limit, you have to cut back. closed. Should we have passed a law to voted for was to authorize Congress to So what do you do? You do not buy keep the railroads just as they always go on a wild spending spree, throwing as many of these things, you do not add were and all the depots out there? money at every problem. We have al- as much, you do not buy the big cars, Years ago you remember the debate ready had, this year, a $150 billion some people cannot afford to hold on to over whether the union should require stimulus that was supposed to ward off their big houses, and you go through a a fireman, who used to shovel coal into the recession—sending out checks to recessionary period. It is not a matter the steam engines, to sit on a diesel everybody, and this was going to fix it. we ought to treat lightly. I certainly train. That was part of the union con- I hated to vote against that, but I recognize that. tract. For decades after we ended could not vote for that $150 billion, But as USA Today said a month or so steam engines, the union contracts re- every penny of which went to the debt. ago, an economy founded on excessive quired a person named a fireman to sit We were already in deficit, so we added personal debt, excessive Government on a diesel train with the engineer. another $150 billion to the deficit in debt, and huge trade deficits, is not This is not sound. one fell swoop. What did we tell people sound. That is just it. We have to Change is inevitable. We have to ad- to do? We told them to go out and change our ways. We cannot buy our just to it. That is what we need to do. spend. I know the Acting President pro way out of this situation. There is no Maybe there are ways we can help the tempore is from Nebraska. I know he free lunch. For anything that some- automobile industry—I assume there was raised right. We have had a talk body puts in front of you to eat, some- are, and I would be prepared to discuss about families and how families work. body has had to pay for it to get it that—but we have to be realistic and When you have a financial problem, there. Debts have to be repaid. We have honest. When we start throwing money you do not tell your children to go out to be honest about it. We cannot con- at private corporations to save them and see how much they can spend. You tinue to throw money at this problem. from the forces that are at work in our ask them to get smart about what they We are going to have to take our lumps economy, we are taking on a big chal- have been doing. now and come out of it stronger rather lenge.

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.016 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10612 CONGRESSIONAL RECORD — SENATE November 19, 2008 This is a metaphor I have in my shutting down in small towns, and that by Michael E. Levine entitled, ‘‘Why mind. Do my colleagues remember the is the only business they have. Are we Bankruptcy Is The Best Option For story of the folks who flew airplanes going to bail out the saw mills today? GM.’’ He is a former airline executive over the hurricanes and threw out dry Is anybody proposing that? Then, the and is a distinguished research scholar ice and they believed if they could just people who work in the woods to har- and senior lecturer at NYU School of throw out enough dry ice, they could vest the timber—good, honest, hard- Law. He just points out this fact—and stop the hurricane? Well, we can’t working Americans—if the saw mills as a lawyer, I think he is absolutely throw money into this financial hurri- can’t buy the lumber—are they getting correct. Regarding contracts and ways cane and stop it either. We have to an hourly wage? Are they being laid that would really reform and stream- hunker down and do what we have al- off? Yes, they are, as part of this tough line and make these companies com- ways done to work through difficult fi- cycle that we are going through. petitive, he said this: nancial circumstances. We can be so- I wish to ask this fundamental ques- Contracts would have to be bought out. phisticated and come up with some tion: Who is going to bail out the The company would have to shed many of its good ideas that can help—and I am cer- American Government? Who is going fixed obligations. Some obligations will be tainly for that—but I would tell my to bail out the American taxpayers for impossible to cut by voluntary agreement. colleagues as a matter of principle we the expenditures that we are increas- Why would somebody agree to have need to be very cautious about picking ing? I ask this: Isn’t it true there are you not pay them what you have been and choosing who we are going to re- three basic ways to deal with money paying? ward with Federal taxpayer money. we are borrowing today, perhaps $1 Then he said: ‘‘GM will run out of In a meeting yesterday, Secretary trillion this fiscal year? When I say cash and out of time.’’ That is even if Paulson was quite correct. He said: $750 billion to $1 trillion, I am not we give them $25 billion. They cannot Look, any time you take Federal counting the $700 billion bailout. That fix themselves until they confront money and insert it into the market- has not been scored yet. I am talking their costs that are pulling them down. place—and he was talking about the about other spending, including some Mitt Romney, whose father was a automobile industry and the banking of these bailout proposals. CEO at American Motors, in his recent industry at the time—you distort the So there are three ways we could do op-ed estimates that the average Amer- market. You help some companies and it. We could cut spending. Our Demo- ican automobile is carrying a $2,000- industries and you hurt others. I would cratic colleagues were pretty hard on per-car excess cost. If you wonder why just add, you do so with taxpayer Republicans for, they said, spending foreign automobiles are better, it is be- money, you are taking sides in the too much, and they were right more cause they can put 2,000 more dollars in process. That is dangerous, and we than I would like to admit. I would just it. So how do you get out of that? You need to be as careful about it as we say this: Are we getting any better have to get out of these contracts. possibly can. So I would just raise now? The talk we are hearing today, is Mr. Levine fundamentally points out that those points. it spend more, more, more, more, or is through the process of reorganization—not chapter VII liquidation but the process that Do my colleagues know our savings it a discussion about a contained Delta Airlines used to reorganize itself—is rate in America fell below zero at the spending? No. What we are hearing the one way you can get out of these con- height of this boom, at the height of from the change group, I am afraid, is tracts and restructure the company, reduce this housing bubble, this automobile spend more. some of its burdens, and come back again as bubble? Gasoline prices were through Well, that is one way to pay off your a fighting, competitive company, producing the roof, commodity prices through the debts. Another way would be to raise automobiles that people will buy in large roof, farm prices surging, gold and taxes. None of us want to see taxes numbers. I think that is very possible. other metals going up at incredible raised, for heaven’s sake, especially not So in bankruptcy, those kinds of rates. They are all falling now, but dur- in a time of economic slowdown, so things can occur that can occur out- ing that time we didn’t have any sav- taxes is not a likely way to pay off the side. Mitt Romney, in his editorial, ings. Our savings rates fell below zero. debt. said: Now that we are going into a reces- What has happened throughout his- A managed bankruptcy may be the only sionary period—and we are in a reces- tory? Fundamentally, the way debts path to the fundamental restructuring the sion—people are saving. The savings are paid off is by debasing the cur- industry needs. It would permit the company rate I saw recently was about 3 per- rency. to shed excess labor, pension, and real estate costs. The Federal Government should pro- cent. So people are not consuming as The PRESIDING OFFICER (Mr. vide guarantees for post-bankruptcy financ- much. Is that all bad? CARDIN). The Senator’s time has ex- ing and assure car buyers that their warran- When people don’t consume as much pired. ties are not at risk. and don’t travel as much, the hotels Mr. SESSIONS. Is that 10 minutes, I Now, those are the kinds of sugges- are not as full, the restaurants are not believe? tions that come close to making sense as full, the automobile companies can’t The PRESIDING OFFICER. Yes. to me. sell as many automobiles, and they are Mr. SESSIONS. Mr. President, I He talked about his father, George going through tough times. But when would ask unanimous consent for 5 ad- Romney, the Governor of Michigan, you have an excessive boom, this is the ditional minutes. who also ran for President at one kind of thing that is bound to happen. The PRESIDING OFFICER. Is there point. This is what he said his father One observer of the scene made this objection? Hearing no objection, the did when he saved American Motors at comment in 2006 about the housing Senator is recognized. the time: Mr. SESSIONS. So I am afraid of in- market. He said: My dad cut his pay and that of his execu- Housing prices cannot continue to increase flating the currency, reducing the tive team, he bought stock at his company— value of currency so that when the gov- at twice the rate of the growth of GDP, and To show faith in it— they cannot continue to increase at this rate ernment has to pay back debts, it pays when wages are basically flat. and he went out to the factories to talk to back in dollars less valuable than the workers directly. Get rid of the planes, the Now, doesn’t that make sense? Didn’t ones it borrowed, and we basically executive dining rooms—all the symbols that we know people who couldn’t afford a cheat the people who loaned money. breed resentment among the hundreds of house because the prices were out- When that happens, they are going to thousands who will also be sacrificing to rageous? There are some benefits from demand a higher rate of interest on the keep the companies afloat. the collapse and the boom on housing trillions of dollars of debt we have I think that is the right way to do it. prices. An average person now may be today. I think we can do that. I really would able to buy a house at a more reason- Let me briefly share with my col- urge my colleagues to look for ways for able price than they were before. So leagues some thoughts about the bail- this to happen. these are the cycles we go through. out and why I cannot support the plan Now, you cannot trust the auto- The timber industry in my State de- that is being proposed and offered by mobile dealers when they come forward pends on home building. When con- Senator REID, the Democratic leader. I and say: Well, we are doing all of these struction is down, our saw mills are commend to my colleagues the article things.

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.018 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10613 They don’t have the power to do blogged about the transformational im- TRIBUTE TO RETIRING SENATORS pact Dr. Pausch’s lecture had upon these things. I know they don’t want to PETE DOMENICI go into reorganization and bankruptcy them and their lives. Recently, ‘‘The Ms. COLLINS. Mr. President, as the as Delta Airlines did. But it is not Last Lecture’’ was turned into a best- 110th Congress draws to a close, I rise going to be a horrible thing. Delta selling book. to say thanks and farewell to one of went in and emerged about a year and The lessons from Dr. Pausch that our hardest working and most dedi- a half later. They reorganized, reduced have inspired so many people are sim- cated Members, Senator PETE DOMENICI expenses, altered and amended con- ple, but ones we all too easily can for- of New Mexico. tracts and obligations, and they re- get. He reminds us about achieving PETE DOMENICI’s story is truly the cently bought Northwest. They went childhood dreams and maintaining a American dream come to life. The son bankrupt in 2005, and they came out sense of childhood wonder. He also en- of immigrants, PETE worked in the leaner and more competitive and are courages his listeners to work hard, family grocery business, earned a col- now a viable company. But these tell the truth, be earnest, help others, lege degree, taught school, obtained a CEOs—if you give them money, they apologize for mistakes, listen to ad- law degree, and served in local govern- are going to have less leverage with the vice, and never, ever give up. He helps ment before his election to the Senate. unions, less leverage with their 7,000 us remember how important it is to I cannot overlook one vitally impor- automobile dealers, when Toyota has simply enjoy life and that each day is tant part of his biography, and that is 1,500 automobile dealers. They are a gift. his stint as a pitcher for a farm team of going to have less leverage with the As his disease progressed, Dr. Pausch the old Brooklyn Dodgers. Who knows lease agreements and health care was also an impassioned advocate for how much different history would be if agreements they entered into years pancreatic cancer research. He testi- his fast ball had had a little more ago, in a different situation, to deal fied before the House Appropriations ‘‘pop’’ to it? with people’s health care requests and Subcommittee on Labor, Health and For 36 years, however, baseball’s loss demands at that time. They are stuck Human Services, and Education, say- has been the Senate’s gain. The char- with that until they can break loose ing: acter developed by athletic competi- from it. We don’t have advocates for this disease because they don’t live long enough. We tion—determination, hard work, a A bankruptcy judge whose motive don’t have a Michael J. Fox because people sense of fair play—is fully evident in would be to help them become leaner die too fast. Pancreatic cancer is absolutely PETE’s six terms in office. and more effective and sends them out ruthless. Part of my job is to put a face on When the people of New Mexico chose as a viable entity so that jobs are saved the disease. PETE DOMENICI to be the longest serv- and debts are fundamentally repaid— So said Dr. Pausch so poignantly ing Senator in their State’s history, that would be the goal of reorganiza- about this disease, because indeed pan- they chose wisely. His tireless work on tion and bankruptcy. I don’t think we creatic cancer is ruthless. It is the a wide range of issues has helped to en- ought to be putting a lot of money into fourth leading cause of cancer death in sure a better future for all Americans, this company until we see it in a posi- the United States of America. Seventy- rural or urban, large State or small. He tion that would actually break the five percent of pancreatic cancer pa- is a respected leader on some of the chains of $2,000 per car that is slowing tients die within 1 year of diagnosis. most important challenges of our time, them down, actually pulling them The 5-year survival rate is barely 5 per- such as strengthening energy security, down hopelessly. cent. The survival rate for pancreatic I thank the Chair for the opportunity curbing nuclear proliferation, and pro- cancer today is the same as it was 30 moting sound Federal budget policy. to share some of my thoughts. I believe years ago. PETE’s understanding of the budget when we violate the principles of inter- Randy was only 45 when he died of process is matched only by his appre- vening in the free market and picking pancreatic cancer on July 25 of this ciation of the critical role fiscal re- winners and losers, we are taking a year. He left behind his wife Jai and sponsibility plays. His service on the great risk. If we do so, it ought to be their three children, Dylan, Logan, and Budget Committee established his uni- done with the greatest of care, the Chloe. least exposure to the taxpayer, and Dr. Randy Pausch lived life to the versal reputation as one of the Senate’s with the greatest potential for creating fullest in every sense of that word, in hardest working, most intelligent, and a successful company in the end. every sense of that phrase. He was a best-informed Members. His focus on I yield the floor. loving husband and father, a dedicated results rather than the limelight led The PRESIDING OFFICER. The Sen- educator, and an impassioned advocate. one colleague to describe him as hav- ator from Pennsylvania is recognized. While his life was cut short by pan- ing ‘‘a terminal case of responsibility.’’ Senator DOMENICI is also a true f creatic cancer, his legacy for living is one we should all cherish. I ask my champion for biomedical research, and THE LIFE OF DR. RANDY PAUSCH Senate colleagues to join me in com- especially for Americans suffering from Mr. CASEY. Mr. President, I rise memorating the life of Dr. Pausch with mental illness. He has worked unceas- today to honor the life of Dr. Randy the resolution that I and others have ingly over the years to increase the un- Pausch, who died this past July 25 from introduced. This resolution calls upon derstanding and to eliminate the stig- pancreatic cancer. Dr. Pausch was a communities across this country to ma associated with mental illness. He rare hero who rose above his illness recognize November as National Pan- has led the effort in the Senate—first and fought to the end for increased creatic Cancer Awareness Month, and in partnership with Senator Paul public awareness of this devastating urges greater public awareness and re- Wellstone, and later with our colleague illness. In doing so, Dr. Pausch cap- sources for prevention, early detection, Senator TED KENNEDY, to pass legisla- tured the attention of the country, in- and treatment of this disease. tion that requires insurers to cover spiring people with his extraordinary Let us, with this resolution, recog- mental illness in the same way they grace, courage, and love of life. nize the extraordinary gift that Dr. cover physical illnesses. Dr. Pausch was a professor at Car- Pausch’s life was to humanity and Thankfully, those efforts have finally negie Mellon University in Pittsburgh, strive to make progress with this dead- borne fruit with the inclusion of his in my home State of Pennsylvania. He ly, ruthless disease. legislation in the economic stimulus was an accomplished researcher and I commend Senator CLINTON for her bill, the stabilization bill passed in the dedicated teacher. leadership on this issue and for intro- Senate. It is a victory not just for Sen- Many people know what Randy did ducing this resolution. I am joined as a ator DOMENICI’s longstanding efforts because of his famous ‘‘Last Lecture,’’ cosponsor by my colleague from Penn- but also for the estimated 50 million which he delivered at Carnegie Mellon sylvania, Senator SPECTER. For their Americans who suffer from some kind in September of last year. The video of help, we are greatly appreciative. of mental illness. It is a testament to the lecture became an inspirational I yield the floor. his dedication and his compassion. phenomenon on the Internet. Literally The PRESIDING OFFICER. The Sen- Senator DOMENICI’s tenure has been millions of Americans wrote and ator from Maine is recognized. marked by vision, common sense, and a

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.019 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10614 CONGRESSIONAL RECORD — SENATE November 19, 2008 commitment to results. When he be- but as a bridge to reaching consensus come the president of the American came chairman of the Energy and Nat- on behalf of the American people. Red Cross, joining founder Clara Bar- ural Resources Committee in 2003, Sen- This focus on moving forward is espe- ton as the only women to hold that po- ator DOMENICI set to work to craft the cially apparent in GORDON SMITH’s ef- sition. In the spirit of that great orga- first major comprehensive energy bill fective work on issues of great impor- nization, ELIZABETH worked as a volun- in more than a decade. Many thought tance in Maine, in Oregon, and every- teer her first year, accepting no salary. it would be impossible to put together where in between—health care, tax re- Under her leadership, the American the bipartisan support to pass the En- lief, small business, equal rights, and Red Cross was a model for charitable ergy Policy Act of 2005, but Senator foreign policy. These challenges are organizations, with 91 cents out of DOMENICI did it. That landmark law ones that require careful consensus- every dollar contributed going directly laid the foundation for American en- building, a responsible approach that to help those in need. ergy independence, the responsible use has defined GORDON SMITH’s service ELIZABETH led the American Red of existing resources, and the develop- here. Cross by example. Following the gulf ment of new technology. We can build GORDON SMITH is simply a wonderful war, she visited Kuwait to assess per- on that foundation by following the person and an extraordinary leader. We sonally the services provided to our model he set of informed debate and all remember the terrible tragedy he military personnel. She traveled to thoughtful consensus. suffered with the loss of his son during famine-stricken Somalia and Mozam- While most of his many accomplish- his service here, a terrible tragedy that bique and to war-ravaged Croatia. She ments have national significance, there gave him and his family such sorrow. led a humanitarian relief operation to is one that may not be well known out- But it is typical of GORDON SMITH that Rwanda refugee camps. That same side of his home State. More than a out of that tragedy, he chose to do commitment, courage, and compassion decade ago, PETE DOMENICI introduced something to help prevent other fami- have been the hallmarks of her work in a program that has helped the school- lies from enduring the tragedy of the the Senate. children of New Mexico learn trust- loss of a child. That is so typical of Those of us who are women also ap- worthiness, respect, responsibility, GORDON SMITH—always thinking of preciate the many times ELIZABETH fairness, caring, and citizenship. This others, always trying to do what is DOLE has blazed the path forward for program is called ‘‘Character Counts.’’ right, always committed to public serv- other women. We know she was one of It fully epitomizes what PETE DOMENICI ice. the very first women to attend Harvard is all about. It fully describes his leg- ‘‘Smith’’ is one of the more common Law School. Think how difficult that acy because, with PETE DOMENICI, char- names in the English language, but in must have been for a woman raised in acter has always counted. this Chamber the name has special the South. Yet she persevered and she Senator DOMENICI leaves this Cham- meaning, one of uncommon principles excelled and she broke barrier after ber with an overflowing and bipartisan and extraordinary accomplishments. It barrier for other women. store of good will and gratitude. We are reminds us of a cherished film, of the In her campaign for President in 2000, all losing an outstanding colleague. On great lady from the State of Maine, ELIZABETH DOLE had a profound effect. a personal note, I am also losing an Senator Margaret Chase Smith, and She attracted legions of new voters outstanding Washington DC neighbor, now of Senator GORDON SMITH. I thank into the political process. She encour- since PETE and his wonderful wife, him for his service and his friendship, aged women throughout the country Nancy, live right down the street from and I wish him all the best in the fu- and of all political persuasions to step me. I am pleased to be among the many ture. forward and get involved in the cam- Senators offering thanks for his years Mr. President, I suggest the absence paign and to run for public office them- of service and best wishes to him and of a quorum. selves. Many of the cracks in the glass to Nancy. The PRESIDING OFFICER. The ceiling are the work of her hands. GORDON SMITH clerk will call the roll. Here in the Senate, I have been privi- Mr. President, for nearly 70 years, The assistant legislative clerk pro- leged to work alongside Senator DOLE the film ‘‘Mr. Smith Goes to Wash- ceeded to call the roll. as members on the Senate Armed Serv- ington’’ has inspired Americans and Ms. COLLINS. Mr. President, I ask ices Committee. She has been one of people around the world with its uplift- unanimous consent that the order for our strongest and most eloquent voices ing story of how one man of conviction the quorum call be rescinded. for the men and women in uniform, and and character can make a difference. The PRESIDING OFFICER. Without her commitment to them is inspiring. Today, I am honored to offer a few objection, it is so ordered. The Senator Her dedication to strengthening our words to the Mr. SMITH of our time: from Maine is recognized. national security and modernizing our Senator GORDON SMITH of Oregon. ELIZABETH DOLE military is unsurpassed. Senator SMITH came to Washington Ms. COLLINS. Mr. President, when It is certainly no accident that she is to make a difference—and he has. He she came to the Senate 6 years ago, married to a man—former Senator Bob and I were sworn into the United ELIZABETH DOLE brought with her a re- Dole—who exemplifies the quiet cour- States Senate on the same day, Janu- sume that for most would describe a age and devotion to duty that are the ary 7, 1997. Although his State and full lifetime of public service and ac- hallmark of America’s armed services mine are a continent apart, we quickly complishment. The intellect, prin- and by which both Senator Doles are found that we had a lot in common. ciples, and dedication ELIZABETH ap- known. It has been a joy to work with GOR- plied to her earlier endeavors have I know that all in the Senate and DON SMITH on so many important been readily apparent in the Senate. throughout our Nation will agree that issues. Of course, where I come from, America has been enriched by all of just a few of the words that best de- the name ‘‘Senator Smith’’ conjures up Senator ELIZABETH DOLE’s public serv- scribe ELIZABETH DOLE are ‘‘intel- not just the beloved movie but also a ice. ligence,’’ ‘‘principles,’’ and ‘‘commit- towering, real-life figure, and my inspi- Her record of public service is truly ment.’’ To those, I am proud to add the ration in public service. Although Mar- inspiring. From the Office of Consumer word ‘‘friend.’’ I will miss serving with garet Chase Smith of Maine and GOR- Affairs and the Federal Trade Commis- ELIZABETH DOLE. I wish her all the best DON SMITH are separated by time, they sion to the Secretary of Transportation in the years to come. are united in a spirit of independence and Labor, she has served five Presi- Mr. President, I yield the floor, and I and integrity. Both served with strong dents. Her tenure in each of these posi- suggest the absence of a quorum. convictions but with respect for the tions has been marked by the dedica- The PRESIDING OFFICER (Mr. principles of others. Both spoke up tion, effectiveness, and accomplish- CASEY). The clerk will call the roll. when they saw wrongdoing. Both had ments that we have seen firsthand in The assistant legislative clerk pro- extraordinary courage that allowed the Senate. ceeded to call the roll. them to speak out when they thought Nothing more fully describes ELIZA- Mrs. MURRAY. Mr. President, I ask their own party was in error. Both saw BETH’s character than the fact that she unanimous consent that the order for the aisle not as a barrier to progress left Government service only to be- the quorum call be rescinded.

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.020 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10615 The PRESIDING OFFICER. Without cannot just sit around waiting until we transportation dollars. Cities across objection, it is so ordered. have a new administration and a new our country are struggling to repair f Congress. Americans are hurting and expand their bus and rail systems today. as demand for mass transit and public THE ECONOMY We have the ability in this Congress transportation is skyrocketing. So this Mrs. MURRAY. Mr. President, next to come together across party lines and bill will improve and expand mass- week Americans across our country are pass a bill that will put Americans transit systems so that millions of going to be celebrating Thanksgiving. back to work and stabilize our commu- commuters can get to work smoothly It is a time that we reflect and give nities across this country. I wish to and on time. It will help repair and im- thanks for our families and friends and take a couple of minutes this morning prove our Nation’s airports. It will all that we have. But far too many of to outline how that package will help make needed investments in our Na- our families across my State and get our country moving again and help tion’s ferry transportation system and across this country have far less than those most in need. modernize our Nation’s shipyards to they did just a year ago. They lost First of all, it is critically important make them competitive and efficient. their homes, their cars, their health that we help families who have already While creating these jobs will help care, their 401(k)s, and their jobs. Just lost their jobs and are drawing unem- get our economy going again, we also this month, we learned that this coun- ployment today. Especially with em- need to work to make sure our workers try has lost a total of 1.2 million jobs ployers cutting jobs each month, there are prepared to compete for the jobs of this year. Over half of that decrease are hundreds of thousands of Ameri- the future. So this package does that came in the last 3 months alone. cans who need help for basic needs by helping 160,000 dislocated workers Across this country, people are hurt- while they look for work. This package and youth get education, training, ing, and some of the hardest hit have reaches out to those families by ex- counseling, and job assistance. This is been our veterans from the wars in Iraq tending unemployment benefits by 7 particularly important for young peo- and Afghanistan. Thousands of our vet- weeks across the country and 13 weeks ple who are disengaged from school and erans are still recovering from physical in States where the jobless rate is the for disadvantaged teenagers who are or psychological injuries that make it highest. It also brings relief to commu- often hurt the most when our unem- very hard for them to pay their bills or nities, since every dollar of unemploy- ployment rates are high. It is critical to find a job, and too many find them- ment benefits generates $1.64 in addi- that we enable these young people to selves sliding quickly into bankruptcy tional economic activity. This helps get work experience now because if or foreclosure. Yesterday, in fact, the everyone. they lose out, they are less likely to New York Times reported that advo- This bill also provides help for the move successfully into a career later. cacy groups have seen a huge increase millions of families who are struggling We know teens without jobs are more in the number of veterans asking for fi- today to find safe and secure housing. likely to turn to crime or join gangs Across the country, public housing is nancial help over the last year. which cost our communities millions Americans made it very clear on badly in need of repair and improve- in law enforcement and lost produc- election day that they want a new di- ment. This bill will allow communities tivity. Not only will the programs this rection in this country. They want ac- to rehabilitate vacant public housing bill supports pay off as the economy tion that will help pull us out of this units, improve energy efficiency, and picks up over time, they will help stim- economic crisis. President-elect Obama jump-start construction of new ulate the economy in the short term projects that will serve those tenants. has already announced that his first too, because, you know, teens spend It will also help address a growing priority will be an economic recovery immediately all the money they make. problem in our community: renters plan that invests in our country’s in- So that will help everyone. who lost their homes because their This package also recognizes that we frastructure. As chair of the Appropria- landlords were foreclosed on. This bill need to start investing in new and tions Transportation and Housing Sub- will help protect these innocent vic- healthy industries that will help create committee, I stand ready to help with tims of the foreclosure crisis and help new, good-paying jobs and help that. But, as the latest jobless reports them find immediate shelter and long- strengthen our economy for the long show, we can’t afford to wait even until term housing. term. I think one of the most prom- January, when we have a new Presi- One reason we need this bill badly is ising fields is green technology. That is dent, to start providing the help Amer- because it offers help to those who need why this package would invest almost icans need today. That is why I have it most, those who have lost their jobs $7 billion in research and development come to the floor. We need to take ac- and homes who are struggling to find that would help us create new energy tion that will create jobs, diversify and housing today. But this bill will also sources and improved energy effi- modernize our economy, and help our help our communities and jump-start ciency. families cope with this economic down- our economy by creating more than Not only is the research and develop- turn. 635,000 jobs, investing in new tech- ment absolutely vital in order to cre- This week, Senator BYRD and our nology and repairing our infrastruc- ate the technology and the new jobs majority leader, Senator REID, pro- ture. For example, this package would that come with it, but research and de- posed an economic stimulus bill that make investments in highway and velopment and clean technologies are would do just that. Their bill is tar- bridge construction in every single critical if we are going to become en- geted at the biggest needs in our coun- State—all 50 States—by providing $10 ergy independent. try today. It will create more than billion to help fund projects that are So these are parts of the package 635,000 jobs by investing in infrastruc- ready to go today. We know that for which I believe will be a shot in the ture and green energy development, every $1 billion we spend on highways, arm, that will help our economy for and it would help our most vulnerable we create more than 34,500 good jobs. many years to come. citizens put food on the table and keep So this package will create more than Before I finish today, I do want to ad- a roof over their heads. 345,000 jobs. dress the provisions in this bill that Congress can make a real difference Additionally, it is important to note would help the country’s struggling for millions of families across our there are no earmarks in this bill, no auto industry. I want the auto industry country. If there was a mandate given special projects as part of the highway to remain viable and continue to sup- on November 4, it was for Government funding in this bill. All highway dollars port the millions of jobs across this to work for the people once again. will be spent according to the formula country which depend on its success. America’s working families want a that has been established for the Sur- But I cannot support any more funds government that will turn our econ- face Transportation Program in our without concrete assurance the auto- omy around and end this war, and they SAFETEA–LU highway bonds. States makers have a strategy to restructure want true progress on health care and would have to put this money to work and become viable, competitive compa- on education. That is our mandate. We in 180 days. nies. The auto industries cannot con- have an awful lot of work to do, and we We also know that roads are not the tinue to follow a failed business model need a bipartisan effort to do it. But we only area where communities need and then come here and ask for help.

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.022 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10616 CONGRESSIONAL RECORD — SENATE November 19, 2008 I supported the $25 billion with jazz critic, disc jockey, champion of Galbraith, Tennessee Williams, Mar- strong restructuring language for the little guys and all the underdogs in garet Mead, Leonard Bernstein, Louis auto industry in the continuing resolu- America—died quietly in his Chicago Armstrong, Buster Keaton, Marlon tion we passed a month ago. I will need North Side home on October 31. Studs Brando, Bob Dylan, Aaron Copeland, to be convinced that adding funding was 96 years old. Zero Mostel, Mahalia Jackson, James will not only save jobs but the industry His interviews over 50 years with the Baldwin, and the list goes on and on. leaders will take seriously the issue of celebrated and the uncelebrated made He interviewed a 90-year-old restructuring and work to reinvigorate him famous around the world. But Bertrand Russell in a village in North an industry that continues to teeter on there was no place on Earth where he Wales during the 1962 Cuban missile the brink of failure. was better known or loved than in Chi- crisis and almost erased the tape of I am also, I have to say, very con- cago, his adopted hometown. their conversation because he was pret- cerned about the blame being laid at When he turned 95 in 2007, Chicago ty clumsy with his tape recorder. Studs the feet of the hard-working men and threw a party, complete with a sky- never overcame that ineptitude. He women in this industry. The auto in- writing plane that proclaimed: ‘‘Happy said it was actually an asset because it dustry’s current financial industry cri- Birthday, Studs.’’ No last name was made the people he interviewed want sis is the result of many financial fac- needed. to help him. tors, not the result of the cost of em- What was remarkable, however, is But it was Studs Terkel’s interviews ployee health care and negotiated con- not how many Chicagoans knew him by with ordinary Americans, not celeb- tract benefits upon which numerous his first name, but how many rities, that set him apart. What guided working families and retirees depend. Chicagoans Studs knew by their first his work? Studs said: ‘‘The principle is If the Federal Government, funded by names. that ordinary people have extraor- working and taxpaying families, is ex- After Studs died, a British journalist dinary thoughts—I’ve always believed pected to explore financial aid to ailing recalled a day he spent with Studs that—and that ordinary people can corporations, then I expect to hear more than a decade ago when Studs speak poetically.’’ about sacrifices industry management was still doing his syndicated radio Accepting an honorary National will make during these tough times. I program 5 days a week at WFMT in Book Award medal in 1997, he said: am very hopeful we can do that. downtown Chicago. This person wrote: When the Chinese Wall was built, where A month ago this Congress came to- The journey to and from [Stud’s] office was did the masons go for lunch? When Caesar gether and passed a bill to help restore through a subterranean labyrinth of cor- conquered Gaul, was there not even a cook in stability in our financial markets. ridors and shopping arcades linking the the army? And here’s the big one, when the WFMT building with the tower containing Armada sank, you read that King Philip Well, we need this bill to provide sta- the luncheon club. Beside the elevator door wept. Were there no other tears? bility for our communities and for our was an Irish attendant he knew, and they That’s what I believe oral history is about. working families at home. We need it burst into song. Then there was an extraor- It’s about those who shed those other tears, to help the most vulnerable among us dinary ritual, involving an employee at who on rare occasions of triumph laughed to keep food on their table and a roof Johnny’s Shoe Shine. ‘‘Another day!’’ bel- that other laugh. over their head. lowed Terkel from quite a distance. ‘‘An- By talking and listening to ordinary We need it to help unemployed work- other triumph!’’ boomed back the reply. Americans, Studs Terkel harvested ers pay the bills while they start an- Forget Sinatra. Chicago was Studs what the Economist magazine called other job search. We need it so that we Terkel’s kind of town. He loved Chi- ‘‘not only the most complete American can create jobs, invest in our commu- cago because, in his words, ‘‘Chicago is history of this century, but the most nities, and support new developments the country. It is America; it is a met- compassionate.’’ in sustainable and emerging industries. aphor for everything.’’ ‘‘De Tocqueville with a tape re- We can start solving this economic Elizabeth Taylor, the Chicago corder,’’ is what the Times of London crisis now. We can provide our families Tribune’s literary editor and one of his called him. with the help they need for the holi- good friends, said Studs Terkel ‘‘was Robert Coles, professor of psychiatry days and before this economic situa- Chicago and everything good about the at Harvard, told the L.A. Times: tion gets worse. I hope our colleagues literary world—make that the world in I think he was the most extraordinary so- will join together, work across party general.’’ I agree. cial observer this country has ever produced. lines, pass this stimulus bill, and offer The last time I saw him was about 2 Said his son Dan, Studs ‘‘led a long, hope this year to millions of struggling months ago at a bookstore in Chicago. full, eventful, sometimes tempestuous families across this country. Studs was signing copies of his second but very satisfying life.’’ I yield the floor, and I suggest the ab- to last book, a wonderful memoir He was born in the Bronx on May 16, sence of a quorum. called ‘‘Touch and Go.’’ He wore his 1912, a month after the Titanic sank. The PRESIDING OFFICER. The trademark red-checkered shirt. The He used to like to say: ‘‘I came up clerk will call the roll. bookstore was packed with people. when she’d gone down.’’ The legislative clerk proceeded to Studs was nearly deaf by then, but if His real name was Louis. He took the call the roll. he looked straight at you, he could tell name ‘‘Studs’’ in the twenties, after Mr. DURBIN. Mr. President, I ask what you were saying. But that is what Studs Lonigan, the protagonist of unanimous consent that the order for he was doing—still listening, listening, James T. Farrell’s 1930s novels about the quorum call be rescinded. listening to everyone who approached an Irish kid from Chicago’s South Side. The PRESIDING OFFICER (Mr. him. His father Samuel was a tailor. His MENENDEZ). Without objection, it is so It was a slow moving line as we wait- mother Anna was a seamstress who ordered. ed to have our books autographed. I moved to America from Poland. Mr. DURBIN. Mr. President, I ask waited more than an hour to say hello The Terkel family moved to Chicago unanimous consent to speak in morn- and get my book signed, but I am glad in 1922 after his father suffered a heart ing business. I did. ailment. They ran a rooming house at The PRESIDING OFFICER. Without ‘‘Calling [Studs Terkel] a ‘writer and Wells and Grand. objection, it is so ordered. broadcaster’ would be like calling It was there in a small park nearby f Louis Armstrong a ‘trumpeter’ or the formally known as Washington Square Empire State Building an ‘office but better known as Bughouse TRIBUTE TO STUDS TERKEL block.’ Strictly and sparsely speaking, Square—a place, Studs said, ‘‘where Mr. DURBIN. Mr. President, I want it is true.’’ So read his obituary in Lon- free speech is the power and the to take a few minutes to say thank you don’s Guardian newspaper. glory’’—where he first met the workers and farewell to a Chicago legend and a On radio, TV, and more than a dozen and activists who would shape his view national treasure. books, Studs Terkel interviewed some of the world and fill up his books and Studs Terkel—author, actor, tele- of the most famous of the 20th cen- tapes. vision pioneer, civil rights champion, tury—Simone de Beauvoir, Margot He graduated from the University of law school graduate, social historian, Fonteyn, Arthur Miller, John Kenneth Chicago with degrees in philosophy and

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.023 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10617 law in 1934 but did not care to work as Faith in Difficult Times’’; ‘‘Touch and He stood only 5 feet 5 inches tall, a lawyer. Instead, after a brief stint as Go’’; and his final book, ‘‘P.S. Further with a slouch that made him look even a civil servant in Washington, he Thoughts from a Lifetime of Listen- shorter. But in Chicago and so many joined the Work Projects Administra- ing.’’ They just released it last week. It other places, Studs Terkel was a giant; tion’s Federal Writers’ Project, writing was at his bedside when he passed and he will be greatly missed. radio scripts. away. Mr. President, I yield the floor and Soon he was acting in radio soaps. He received so many awards: a Pea- suggest the absence of a quorum. Usually, he was the voice of the gang- body Award for excellence in jour- The PRESIDING OFFICER. The ster. nalism; the National Book Foundation clerk will call the roll. He served a year in the Army Air Medal for contributions to American The assistant legislative clerk pro- Corps but was discharged after a year letters; the Pulitzer Prize for his book ceeded to call the roll. because of perforated eardrums. ‘‘The Good War’’; the Presidential Hu- Mr. SCHUMER. Mr. President, I ask He landed his own TV show at the be- manities Medal; the National Medal of unanimous consent that the order for ginning of the television age, the pio- Humanities; the Illinois Governor’s the quorum call be rescinded. neering ‘‘Studs Place’’ but lost it after Award for the Arts; and the Clarence The PRESIDING OFFICER. Without a few seasons when he was blacklisted Darrow Commemorative Award. objection, it is so ordered. during the dreaded McCarthy era. He was the only white writer to be f In the early 1950s, he hooked up with inducted into the International Lit- ECONOMIC RECOVERY ACT WFMT, a new arts station in Chicago. erary Hall of Fame for Writers of Afri- It was the start of a great partnership. can Descent at Chicago State Univer- Mr. SCHUMER. Mr. President, I rise His syndicated radio talk show, ‘‘The sity. to speak about the Economic Recovery Studs Terkel Program,’’ ran on WFMT But the recognition that meant the Act, which is a comprehensive stimulus every weekday from 1952 to 1997—45 most to him didn’t come from the package. We need it. Our Nation needs years. media. It was comments from people he this. It is a much needed shot in the He played a sports reporter in the worked with, people whose eyes he arm for our ailing economy. When the 1988 film ‘‘Eight Men Out,’’ about the opened. Like the man who stopped him economy is ailing, there are two Chicago Black Sox scandal of 1919. And on the Michigan Avenue bridge and choices: We can choose the path of, he continued to write almost to the told him that after reading the words say, Herbert Hoover and say: Govern- day he died. of Delores Dante in ‘‘Working,’’ he was ment should not be involved, let an ide- He was, said an obituary by the Asso- never going to be rude to a waitress ological straitjacket tie us up—We ciated Press, ‘‘an old rebel who never again. know what happened then—or we can Besides Chicago, the other great love mellowed, never retired, never forgot, choose the course economists on the of Studs Terkel’s life was his wife Ida, and ‘never met a picket line or peti- left, the middle, and the right have with whom he shared a happy marriage tion’ he didn’t like.’’ said we should choose, which is we need for 60 years until she passed away in What made him so good? Bob a major stimulus package to get the 1999. Minzeshimer, a USA Today reporter economy going. Mischievous to the end, Studs said he I would have hoped we would have who knew him, said: wanted to be cremated and have his made the choice to help this economy He had the listening skills of a psycholo- ashes mixed with Ida’s, and he wanted and help the millions of Americans who gist, the timing of a comic, the curiosity of them both to be scattered in Bughouse a scholar, and the gravelly voice of a boxing are worried. Hundreds of thousands Square. ‘‘Scatter us there,’’ he said. promoter. have lost their jobs, millions more are ‘‘It’s against the law (so) let ’em sue He wrote with honesty, empathy, elo- worried about losing their jobs, and us.’’ quence, and humor. Above all, he wrote In ‘‘Touch and Go,’’ Studs Terkel tens of millions see every week that with real respect for the people he worried that our Nation suffered from the paycheck does not stretch as far as interviewed. ‘‘a national alzheimer’s disease,’’ as he it did. As the writer for the Economist said, said it, and a lack of historical perspec- We face an economic crisis of a scale ‘‘Talking to Mr. Terkel, the copyboy or tive that made government the per- and scope that we have not experienced the short-order clerk or the welfare ceived enemy. in 25 years, if not longer. By every mother felt, at last, like somebody. He believed that government ought measure we are headed toward a cliff. They counted; they had possibilities.’’ to stand up for the little guy and hold We are in the midst of the greatest His first book, ‘‘Giants of Jazz,’’ was the powerful accountable. He believed housing crisis since the Great Depres- published in 1957. Nearly a decade it because he had seen it before. sion. Unemployment has been rising passed before he wrote another, but it There would never be a good time to rapidly and is expected to hit levels we was worth the wait. ‘‘Division Street,’’ lose Studs Terkel but now seems like a have not seen at least since the early released in 1966, contrasted rich and particularly bad time for such a loss. 1980s. poor along that same Chicago street Our economy is in crisis. Real people States and localities face massive and won him international recognition. are hurting. Ordinary people who budget shortfalls that may force them Studs’ best known book, ‘‘Working,’’ worked hard all their lives are watch- to raise property taxes unless Federal was published in 1974. In 1999, a panel of ing their savings disappear. Millions of assistance is delivered. Families are judges organized by the Modern Li- Americans are losing their jobs and running harder just to stand still, see- brary, a book publisher, ranked ‘‘Work- their homes. They are seeing hundreds ing their incomes shrink while their ing’’ as No. 54 on its list of the top 100 of billions of their tax dollars handed costs, especially their food and energy best English language works of the out to banks and to Wall Street, and I costs, are far greater than they were 1 20th century. He won a Pulitzer Prize guess they are wondering: Is anybody year ago. in 1985 for ‘‘The Good War: An Oral His- in Government listening to them? The credit contraction that has tory of World War II.’’ In these hard times, in this rare spread from the financial system to av- Among his other books are ‘‘Hard lameduck session of Congress, we in erage households has pummeled Amer- Times: An Oral History of the Great the Senate would do well to follow ican businesses in every part of the Depression’’; ‘‘American Dreams: Lost Studs Terkel’s example: to listen not country, businesses big and small. Not and Found’’; ‘‘The Great Divide: Sec- only to the wealthy and well connected even the most optimistic among us can ond Thoughts on the American but also to the quiet hopes and con- argue that our economic problems will Dream’’; ‘‘Race: How Blacks and cerns of everyday Americans. As Studs take care of themselves. Whites Think and Feel About the Terkel showed in his immortal works, The question before us is: What are American Obsession’’; ‘‘Coming of Age: those everyday Americans are the soul we, as stewards of the public trust, The Story of Our Century by Those and real strength of America. going to do? I believe the answer is Who’ve Lived It’’; ‘‘Will the Circle Be Our condolences go out to Studs’ and clear: The Federal Government should, Unbroken? Reflections on Death, Re- Ida’s son Dan and to all who knew and it must, provide an economic stimulus birth’’; ‘‘Hope Dies Last: Keeping the loved Studs Terkel. to Main Street as we have to Wall

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.031 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10618 CONGRESSIONAL RECORD — SENATE November 19, 2008 Street. It must be significant and sub- change it? That is why Senator KERRY care Modernization Act. This Medicare stantial and it must be targeted at our and I fought to include in the economic Part B program was called the Com- most pressing needs. stimulus package provisions that will petitive Acquisition Program—CAP is The plan before us does that. It will modernize the SBA and jump start the phrase they use. It was designed to prime the pump of America’s job ma- lending to small business. give doctors a choice in the way they chine, by fast-tracking $13.5 billion of Our bill provides $615 million to sup- administer the drugs. investment into our Nation’s infra- port $22.5 billion in zero-fee loans to Under the program, the doctor would structure which forms the bedrock of small businesses under the 7A and 504 first see the patient, then order the our economy. It will help the States programs. Providing zero-fee loans will medicine from a Government vendor, avoid the difficult decision to raise deliver needed relief to small business then get the medicine, and then give property taxes; you cannot do that on Main Street during Wall Street’s fi- the injection. now. But some of them may have no nancial crisis. Well, the way it worked is, Medicare choice because they have budget short- The bill also provides $1 million to would then pay the vendor for the falls. But we can avoid that terrible support $10 million in new microloans drugs. Medicare also would bill the pa- choice by delivering $40 billion in for small businesses and $4 million for tient if there was a copay or a premium emergency fiscal aid through the critical technical assistance for these the patient owed. Randy was only re- FMAP. new ‘‘micro’’ borrowers. sponsible to bill Medicare for the ac- The stimulus package before us will In sum, our Nation needs this stim- tual treatment of the patient, not for jump start renewable energy produc- ulus package, not just for the small the medicines. tion by making major investments in businesses or the large businesses Congress and the Centers for Medi- the technologies that will not only across the Nation but for the American care and Medicaid Services hailed this help America become energy inde- families who have faced devastating new program as a way to alleviate ad- pendent but will make us a global lead- hits to their wealth and economic secu- ministrative burdens and reduce Medi- er in the next generation of fuel-effi- rity. We need to build a platform from care costs—a good idea. Doctors could cient vehicles. which we can emerge from this credit now spend more of their time with Importantly, this bill will also resus- crisis as a global leader in energy and their patients rather than serving as citate small business lending. We all innovation and high-paying job cre- drug purchasers and bill collectors. know small businesses are the engine ation. I strongly urge the passage of Randy signed up for the program of our economy. But small businesses this proposal. early, and the program that was passed have been overlooked in the financial I yield the floor and suggest the ab- as part of the 2003 bill finally got start- rescue efforts to date. sence of a quorum. ed in 2006. Randy thought it made good So working with my friend and col- The PRESIDING OFFICER. The sense for him, good sense for his pa- league from Massachusetts, Senator clerk will call the roll. tients. Some of his Medicare patients The legislative clerk proceeded to KERRY, we have worked to include pro- could not afford to pay for their office- visions in this stimulus package that call the roll. administered drugs, and Randy saw Mr. BARRASSO. Mr. President, I ask will throw our small businesses a life great potential in this new program. unanimous consent that the order for vest to weather this storm so they can He could transfer the Medicare billing the quorum call be rescinded. emerge from it as leaders in job cre- part of it to someone equipped to han- The PRESIDING OFFICER (Mr. ation. dle the administrative redtape, and CARDIN). Without objection, it is so or- Small businesses generally rely heav- this freedom would leave him more dered. ily on loans from banks to build inven- The Senator is recognized for 10 min- time to focus on practicing medicine. tory, meet their payroll consistently, utes. The program has now been in place and fuel the growth of the business. Mr. BARRASSO. Thank you very for 3 years. What are the results? Well, These loans have all but dried up, much, Mr. President. only 4,200 doctors signed up for the pro- threatening the survival of car dealer- gram. You may ask, why is that? Dr. f ships, mom-and-pop pharmacies, res- Johnston can tell you, and this article taurants and shops all across the Na- MEDICARE in the American Medical News explains tion. Mr. BARRASSO. Mr. President, it very well. Administrative hassles, The Federal Reserve recently re- today I come to the floor to tell the burdensome drug transportation and ported that 75 percent of domestic Nation a story, and it is the story of a storage rules, and vendor delivery banks said they had tightened their Wyoming doctor, a doctor by the name problems—and that is just to name a lending standards for small-business of Randy Johnston. He is an ophthal- few. loans, 75 percent. At the same time, 70 mologist who practices in Cheyenne, For example, the Government rules percent of the lenders told the Fed that WY. He is very qualified. He is very ca- require doctors to give patients the they would charge more for those pable. He is also a good friend. drugs only in the facility where the loans. According to the New York The reason I come to tell you this vendor delivered the medicine—no ex- Times in an August opinion poll, two- story is because, like many doctors ceptions, none. This requirement pre- thirds of entrepreneurs told the Na- across the country, Randy takes care vented doctors from moving drugs be- tional Small Businesses Association of people on Medicare, and occasionally tween their main office and a part-time that their companies had been hurt by in his practice as an ophthalmologist satellite office they may have in an- the credit crunch. he gives shots to people on Medicare. other community. Traditionally, Small Business Ad- As a matter of fact, there is a picture Washington bureaucrats simply do ministration loans have filled this gap. of Dr. Johnston on the front page of not understand what a burden this pol- But chronic underfunding of the SBA the American Medical News. This is an icy can be in rural and frontier commu- under the Bush administration and its article dated November 10, written by nities. Seniors living in rural States outdated fee structure have greatly re- Jane Cys, and it shows Dr. Johnston in such as Wyoming often have to travel duced lender participation and under- his office in Cheyenne getting ready to great distances—hundreds of miles—to mined the valuable function that SBA give a shot. see a specialist like Dr. Randy John- lending could play during this credit Well, in the past, Randy would buy ston. This program, with good inten- crisis. the drugs that his practice uses and tions, clearly was not designed to meet In October alone, the number of loans then bill the patients for the treat- the unique needs facing rural patients made under SBA’s largest loan pro- ment. The drugs that Randy uses are and health care providers who work gram dropped over 50 percent compared typically injected, but under this Part tirelessly to serve their patients. to the same month last year. So the B Medicare drug program some are in- Dr. Johnston was also required to economy desperately needs this shot in fused through a patient intravenously order the drugs for a specific individual the arm. right into the vein. patient by name. He was not allowed to And SBA’s loan program is cut in Two years ago, Randy enrolled in a restock a general office supply to use half. What foolishness. Why do we not new program created by the 2003 Medi- on multiple patients.

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.038 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10619 I understand the Government is try- forts on eliminating waste, eliminating Monday, Senator REID and I renewed ing to prevent drug stockpiling. But fraud, and eliminating abuse in the our effort to stimulate the economy this rigid program requirement does Medicare system. and help the millions of Americans not give doctors the flexibility they This year alone, we have seen one hurt by the recession by introducing a need to practice medicine. This is espe- news report after another uncovering $100 billion economic recovery bill. cially true in emergency situations. Medicare wasting money. These news In response to higher unemployment, So who is liable when a patient reports sound the alarm to every hard- rising food costs, higher energy costs, comes to the doctor’s office needing working taxpayer in the sound of my State budgets in crisis, and increased immediate treatment but the doctor voice and all hard-working taxpayers dependence on foreign oil, President- cannot help because he has to call the across America. elect Obama has called for passage of a Government to send the medicine in Who is holding these bureaucrats ac- second stimulus bill. I spoke with the the first place, even if he has a supply countable? Just this week, the Depart- President-elect yesterday, and I com- on hand for another patient? The pro- ment of Health and Human Services mitted myself to helping the President gram’s current design has turned out issued the Agency Financial Report. implement his agenda. to be a bureaucratic nightmare. This document shows that in fiscal Madam President, it is time to de- After only 3 months in the program, year 2008, these Government check liver to Main Street USA. S. 3689 is a Randy Johnston wrote Medicare a let- writers made $10.4 billion—$10.4 bil- $100.3 billion economic stimulus pack- ter begging—I say begging—to be let lion—in improper Medicare fee-for- age that would create over 635,000 jobs. out of the program. Why? Well, it was service payments. We can do better. We I will repeat that. S. 3689 is a $100.3 bil- not just the excessive paperwork and can do much better than this. lion economic stimulus package that the excessive phone calls to get the Wasteful spending strips Medicare of would create over 635,000 jobs. The un- medication; Randy saw how absolutely the vital resources that are needed to employment rate now stands at 6.5 per- wasteful this Government program had care for our elderly, to care for our cent, the highest rate since March 1994. become. frail, to care for the vulnerable. The The unemployment rate is up by 1.7 When Dr. Johnston purchased Med- new administration has a real oppor- percentage points since October 2007. icaid vials himself from a local phar- tunity to show leadership. Working to- The U.S. economy has lost jobs every month this year—a total of 1.2 million macy, the local pharmacy would divide gether, we can fix this flawed policy. jobs, with almost half of the job losses it into multiple doses that could be Medicare patients, doctors who take coming in the last 3 months alone. New used for different patients. Using the care of Medicare patients, and the unemployment claims filed exceeded new Medicare program, Dr. Johnston American taxpayers deserve nothing 500,000, the highest number since just had to order an entire vial for each pa- less. tient, use the one dose the patient after 9/11. Mr. President, I yield the floor and In order to respond to these grim sta- needed, and then throw the rest away. suggest the absence of a quorum. Why would Medicare force seniors tistics—and they are grim—the stim- The PRESIDING OFFICER. The ulus package extends unemployment and taxpayers to foot the bill for an en- clerk will call the roll of the Senate. tire vial of medication containing 400 benefits by 7 weeks in all States, as The assistant legislative clerk pro- well as another 13 weeks in high-unem- doses when the patient only needed 1 ceeded to call the roll. dose? At a time when Americans are ployment States. Thirty-seven States Mr. BARRASSO. Mr. President, I ask are facing a shortfall of over $70 billion facing such painful financial times, unanimous consent that the order for this wasteful Government spending is in their fiscal year 2009 budget, necessi- the quorum call be rescinded. tating cutbacks in education, cutbacks appalling. We are talking about life- The PRESIDING OFFICER. Without in health care, and cutbacks in law en- saving medicine, expensive medicine. I objection, it is so ordered. forcement. do not know anyone who buys a loaf of f The stimulus package includes $37.8 bread, takes out one piece and eats it, RECESS billion—that is $37.80 for every minute and throws away the rest of the loaf. since Jesus Christ was born—to reduce This makes no sense to anyone. The PRESIDING OFFICER. Under the State’s share of Medicaid costs by It is well past the time that Wash- the previous order, the Senate stands increasing the Federal share—increas- ington bureaucrats start treating tax- in recess until the hour of 4 p.m. ing, I say—the Federal share by 8 per- payer dollars like the money in their Thereupon, the Senate, at 2:28 p.m., cent. own personal checkbooks. When emer- recessed until 4 p.m. and reassembled The economic recovery package gencies, illnesses, or major household when called to order by the Presiding also—I emphasize the word ‘‘also’’—in- repairs occur in our families, we find a Officer (Mrs. MCCASKILL). cludes a temporary increase in food way to pay the bill. We look at our The PRESIDING OFFICER. The Sen- stamp benefits. These funds—hear me budgets, we tighten our belts, and we ate will come to order. now—these funds will be spent quickly, find alternative places to save. We Mr. BARRASSO. Madam President, I and they will help to stimulate the eliminate luxury items. We stop waste- suggest the absence of a quorum. economy. ful spending. The PRESIDING OFFICER. The Over $37 billion is included for essen- Dr. Johnston was absolutely right to clerk will call the roll. tial infrastructure and investment pro- try to get out of this absolutely wrong, The assistant legislative clerk pro- grams. Now hear me, listen closely. I wasteful program. Washington bureau- ceeded to call the roll. measure each word. There are con- crats who have never been on the front Mr. BYRD. Madam President, I ask sequences for failing to invest in Amer- lines treating Medicare patients devel- unanimous consent that the order for ica. For 8 years—8 long years—we have oped this program. They do not under- the quorum call be rescinded. failed to make adequate investments in stand the practical applications. So I The PRESIDING OFFICER. Without highways, transit systems, housing, in was not surprised when Medicare an- objection, it is so ordered. clean and safe drinking water systems, nounced in September of this year they The Senator from West Virginia is and in energy independence. This bill were putting the entire program on recognized. funds such investments, as well as hold starting in January 2009. Wash- f small business loans, assistance for ington bureaucrats claim they are con- rural communities, and disaster relief ECONOMIC STIMULUS sidering alternative ways—alternative for farmers hurt by the hurricanes and ways—to improve the program because Mr. BYRD. Madam President, in Sep- the floods this summer. they want it to succeed. tember, the Senate considered a $56 bil- I understand, I am sorry to say, there The new administration has a tre- lion economic recovery bill, authored is going to be an objection to debating mendous opportunity to learn from by Senator REID and myself. While the this bill. This would be a mistake. I Randy Johnston and from the 4,200 bill received 52 votes, the minority suc- will say that again. I understand there other participating doctors. Rather ceeded in blocking its consideration. will be an objection to debating this than hamstring providers, perhaps In the following 2 months, the econ- bill. This would be a mistake—a mis- Washington should start to focus its ef- omy has continued to deteriorate. On take. Why? Because it is time to act.

VerDate Aug 31 2005 00:08 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.039 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10620 CONGRESSIONAL RECORD — SENATE November 19, 2008 Delaying is not acceptable. And so I Madam President, I ask unanimous There being no objection, the mate- ask all Senators, every Senator, to do consent to have printed in the RECORD rial was ordered to be printed in the the right thing for this country—your information related to rule XLIV of the RECORD, as follows: country, our country—and support this Standing Rules of the Senate for title I measure. of S. 3689. CONGRESSIONALLY DIRECTED SPENDING ITEMS

Account Project Funding Member

SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES Department of Agriculture: Farm Service Agency...... Agricultural crop disaster assistace ...... Senators Landrieu, Hutchison, and Vitter. SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT Department of Energy ...... Extend a certain cooperative agreement to carry out the FutureGen program ...... Senators Durbin and Bond SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT GSA ...... District of Columbia, DHS Consolidation and development of St. Elizabeths campus ...... $346,639,000 The President, Senators Lieberman and Collins

Mr. BYRD. I yield the floor. I suggest mark wit by remarking, ‘‘I only regret had it not been for ELIZABETH, Elaine the absence of a quorum. that I have but one wife to give for my probably never would have come to The PRESIDING OFFICER. The country’s infrastructure.’’ Washington in the first place, therefore clerk will call the roll. When ELIZABETH had her turn at the I obviously never would have met her, The assistant legislative clerk pro- microphone, she got him right back. so I feel a special obligation to—and ceeded to call the roll. She assured the committee that she thanks to—Senator DOLE for that. We Mr. MCCONNELL. Madam President, knew all about airbags, because she value their friendship, and I know we I ask unanimous consent that the order had been driving around with one for will continue to do so for many years for the quorum call be rescinded. years. to come. The PRESIDING OFFICER. Without In 1989, ELIZABETH became one of the ELIZABETH, I want to thank you for objection, it is so ordered. few Americans honored to lead more always bringing wisdom, grace and in- f than one Federal department by be- tegrity to this chamber. Over decades coming the first President Bush’s Sec- TRIBUTE TO SENATORS of accomplishments in many promi- retary of Labor. Among the highlights nent posts, you have served the people ELIZABETH DOLE of her tenure there was playing a key of America and of North Caroline ex- Mr. MCCONNELL. Madam President, role in resolving a bitter 11-month coal tremely well. it is my sad task today to say farewell strike in southwest Virginia. I know your constituents are proud, to our friend, the Senator from North I would even go so far as to say that and Bob is proud, of your service. Carolina, ELIZABETH DOLE. It is hard to ELIZABETH was the second-best Sec- Elaine and I wish you both well in know where to begin with a woman retary of Labor this country’s ever whatever the future has in store for who has done it all and is admired had. you. And we look forward to hearing across America. ELIZABETH went on to become the all about it. There is an old saying that all poli- president of the Red Cross, and revital- The PRESIDING OFFICER. The Sen- tics is local. That is true even for the ized that important institution. And of ator from North Carolina is recognized. Senator from North Carolina, who was course, she became a familiar face to Mrs. DOLE. Madam President, I wish the first viable female candidate for all Americans in 1996 when Bob became to express my deepest thanks for the President, held two different Cabinet the Republican nominee for President very kind words of the distinguished positions, and worked for four Presi- of the United States, and when ELIZA- ‘‘gentleman’’ from Kentucky. I feel dents. You see, ELIZABETH’s first cam- BETH blazed yet another trail in 2000 as very close to this gentleman because paign was for the presidency of her the first viable female candidate for we have been very good friends for so third grade Bird Club. She won that that same office. many years. Certainly your wife, race. During her time here in the Senate, Elaine Chao, who is doing a tremen- ELIZABETH began impressing many ELIZABETH used the same desk her hus- dous job as Secretary of Labor, has early on as she earned her bachelor’s band used. From behind that desk, she been a friend for many years. In fact, degree from Duke University and both has been a powerful advocate for her we worked together at the Department a master’s and a law degree from Har- State and her country. of Transportation as colleagues and vard. Of the 550 members of her Har- North Carolinians can be proud of her then also when she was president of vard Law class, only 29 were women. record to strengthen our military and United Way and I was president of the From there, ELIZABETH went to the to support military personnel and vet- American Red Cross. So our paths have White House Office of Consumer Af- erans. She worked to craft a farm bill continued to cross in terms of our pro- fairs, and then the Federal Trade Com- to benefit North Carolina agriculture. fessions but also in terms of personal mission. In 1972, she met a Senator She has done much to address hunger relationships and the warmth and from Kansas when she lobbied him on a in America, by championing tax incen- friendship. consumer-affairs issue. tives to encourage volunteerism and MITCH, I can’t tell you how proud I In 1975, ELIZABETH and Bob Dole were charitable giving, and through grant am of your leadership as the Repub- married in Washington Cathedral, cre- programs to benefit food banks and re- lican leader, and I am so proud you ating one of the most prominent and lief organizations. have been reelected by your colleagues. successful partnerships in American The ‘‘Dole’’ in the McGovern-Dole You do a tremendous job. You are a public life. International Food for Education and master of the Senate. Through the ELIZABETH later headed President Child Nutrition Program may be for years, you and I have had a chance to Reagan’s Public Liaison Office, and her husband, Bob, as the program is work together on many issues. Of then in 1983 became his Secretary of named after him and former Senator course, it was my privilege early on—I Transportation. She served for 41⁄2 George McGovern. But it was ELIZA- believe in my first year in the Senate— years, longer than any previous trans- BETH DOLE who secured more than $400 to visit the University of Louisville portation secretary at that time. And million for the McGovern-Dole pro- and the McConnell Center for Political as transportation secretary, she was gram to go toward school-feeding and Leadership and to speak to the McCon- fond of pointing out that she was the child-nutrition programs in the world’s nell Scholars. That is just one of many first woman to ever head a branch of poorest countries. things you are doing to help others the Armed Services: the Coast Guard. Let me take this moment to say, on outside the Senate as well as the tre- When her husband Bob introduced behalf of my wife Elaine and myself, mendous work within the Senate. ELIZABETH at her confirmation hear- that ELIZABETH and Bob have been dear Just know I treasure your friendship. ings, he displayed some of his trade- friends of ours for many years. In fact, I look forward to being in close touch

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.044 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10621 and hope there will be many other ini- While protecting our natural re- Winston Churchill observed that ‘‘De- tiatives on which we can work to- sources, he also understands the impor- mocracy is not always a polite em- gether, Elaine and Bob and I, in the tance of the many working Oregonians ployer.’’ That is the case in my reelec- years to come. Thank you so much for who depend on his State’s natural re- tion effort. Yet I feel nothing but grati- those most kind words wishing me sources for their livelihood. The fore- tude to the people of my State. well. I wish you all the very best. most example of his work in that re- I acknowledge the wisdom of the peo- Mr. MCCONNELL. Madam President, gard is his tireless effort to protect the ple of Kentucky in your reelection and you just witnessed the classic ELIZA- farmers of the Klamath Basin area, and of the wisdom of my colleagues for BETH DOLE. I came out here to do a keep their agricultural lands in produc- electing you again as our leader. You tribute to her, and she turned around tion. are an articulate advocate for causes and did a tribute to me. This is, I He has fought to lower the number of that I think are important for America would say, indicative of the way Sen- uninsured and drive healthcare costs not to forget in the coming days. It is ator DOLE has conducted herself in down, and has been a tireless advocate one of the high privileges of my life public life throughout her service. We for the disabled and mentally ill. that I have been able to serve with you are going to miss her in the Senate, He has sponsored legislation to as a friend and as a colleague. but I know she will continue to make strengthen the prosecution of child-ex- I thank you and I thank my Senate important contributions to our coun- ploitation cases, fought for new protec- family, without respect to party, for try. tions against Internet predators, and the help that was given to Sharon and We revere your legacy and look for- led the effort to increase funding for me at the most painful time of our ward to continuing our friendship in programs that help victims of rape, lives—to find additional meaning in the coming years. sexual assault and domestic violence. the life of our son by helping the sons Mrs. DOLE. Thank you so much. GORDON has also been a leading voice and daughters of others. I hope and on issues of education, and has fought GORDON SMITH pray that my Senate colleagues, while to secure rural schools throughout Or- Mr. MCCONNELL. Madam President, I am gone, will not forget those who egon. And he has fought for lower I rise with sadness to say goodbye to struggle with mental illness. I am so taxes, so more Oregonians can keep our friend the Senator from Oregon, proud of Senator DOMENICI, Senator more of what they earn. KENNEDY, and others who championed GORDON SMITH. For 12 years, he has But there is one issue in particular made the people of Oregon proud by mental health parity. It has been a where GORDON led the way in a very privilege to be on their team in this serving as a model legislator: thought- personal manner for a cause close to ful, independent, and focused on get- cause. It is a silent cause. It is one that his heart. In 2003, GORDON’s son, Gar- does not get a lot of ink or much atten- ting results for our country and his rett, committed suicide just one day tion because America is still opening State. before his 22nd birthday. GORDON heard the call to serve others The torment a parent must feel after its mind to this important area of med- early in life, becoming an Eagle Scout losing a child must be the worst horror icine. But we have blazed a new trail, as a boy and taking a 2-year mission to imaginable. No amount of sympathy, and much of it was because of your New Zealand for his church. He earned no words, nothing any of us could do leadership, sir. his bachelor’s degree at Brigham For the privilege of serving with you, could possibly ease the pain in GOR- Young University and his law degree at of serving my State, of serving with DON’s and his family’s hearts. these colleagues here, I thank God and Southwestern University. Yet even in his grief, GORDON showed He then bought back the family busi- us the strength of his character when I thank the State of Oregon and I say ness, a frozen vegetable company, and he wrote about his loss in his moving God bless America. transformed it into one of the largest memoir, ‘‘Remembering Garrett.’’ And Mr. MCCONNELL. Madam President, and most profitable in the country. he channeled his sadness into success- may I just add a word to my friend With GORDON’s departure, we are losing ful legislation, the Garrett Lee Smith from Oregon. He has had an extraor- the Senate’s only member of the Fro- Memorial Act, to create screening pro- dinarily successful tenure here. In my zen Food Hall of Fame. grams to identify and help youths at view, I would say to my friend from Or- GORDON’s desire to serve led him to risk for suicide. egon, you can always look back on run for the Oregon State Senate in I’ll never forget his powerful words these 12 years with a sense of accom- 1992. His peers recognized the star in on behalf of that legislation in this plishment. You have been a major their midst when they elevated him very chamber. He said: player in this institution on a variety first to minority leader, then to Senate [There’s] no owner’s manual to help you of different, extremely important mat- president during his first term in of- bury a child, especially when the cause is ters that will affect each generation to fice. suicide. So I’ve committed myself to trying come. So on behalf of all of our Repub- GORDON then entered a special elec- to find meaning in Garrett’s life. lican colleagues, and I am sure on be- tion to fill a vacant U.S. Senate seat. GORDON, with that brave act you pre- half of everyone in the Senate, I thank Election day fell in January 1996, and vented the tragedy of suicide from you for your extraordinary service. GORDON lost that race—the winner was befalling countless other families. I The PRESIDING OFFICER. The ma- our colleague, his fellow Senator from can think of no more profound example jority leader is recognized. Oregon. of strength and leadership than that. Mr. REID. Mr. President, before the But then GORDON did something no Every Senator knows what a pleasure Senator leaves the floor—I am sorry I one else has ever done, and proved to it is to work with GORDON. He believes had to leave, I was called away from the people of the Beaver State how we were sent here to find solutions, not my desk—I wanted to say through the much he cared about making sure confrontations. And for every day he Chair to my friend GORDON SMITH that every Oregonian’s voice was heard in has served in public office, finding so- I, of course, watched all the election Washington. lutions has been his goal. results very closely. But my wife He ran for the Senate again in the GORDON, it has been a privilege to watched one election result, and that regularly scheduled election later that work with you these many years, and was yours, because of the longstanding year, making him the only American to spend time with you and your wife relationship she has with you and in history to run for two Senate seats Sharon. America is a stronger Nation Sharon. The record is very clear of our in the same year. The people of Oregon thanks to your dedication and spirit of longstanding friendship and our having gave him their trust and GORDON has public service. Please don’t forget you had a similar experience with our loved never let them down. have many friends here, and we all ones following suicide. Oregonians can rightfully be proud of wish you well in your bright future. I am sorry I didn’t have more time to his conservation record, as he cham- The PRESIDING OFFICER (Ms. maybe write something out that may pioned legislation to successfully se- CANTWELL). The Senator from Oregon have been more meaningful, but I hope cure the protection of 170,000 acres of is recognized. the Senator from Oregon will always wilderness on Steen Mountain and the Mr. SMITH. Madam President, I understand the affection, respect, and Bull Run watershed. thank my leader, MITCH MCCONNELL. admiration I have not only for what

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.048 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10622 CONGRESSIONAL RECORD — SENATE November 19, 2008 you did in your Senate service but for has compiled a record of which every He underwent another round of what you do in your personal life. citizen of the Granite State can be chemo this past summer. In the middle The PRESIDING OFFICER. The Sen- proud. of the campaign, I did not think it was ator from Connecticut is recognized. A student of the free market, JOHN appropriate to shave my head. So the Mr. DODD. Let me say as well, I strongly believes lower taxes promote day after the election, 2 weeks ago, I don’t have a prepared statement to growth and expand opportunities. That thought there was some pent-up de- make, either, but I want to tell my is why he fought so hard to extend the mand in my own heart to remember friend from Oregon how much I have ban on taxes to access the Internet. those tough weeks for ARLEN SPECTER. enjoyed my work with him over the That tax ban was signed into law, and So I was happy to go out and shave my years on a number of very important it protects consumers from taxes on head again. That is why it looks a lit- issues dealing with the issue that the Internet access, e-mail, and instant tle bit different than it might have Senator can speak of not only with elo- messaging for 7 years. during the campaign. quence but with a great deal of passion, Just think, if online communications The Republican leader has been very and that is the issue of mental illness. and commerce grow as rapidly over the kind in his remarks. And I cannot help We were able to pass, in the waning next 7 years as they have over the past but note that I am a little bit too days of our session, of course, the men- 7, JOHN’s tax ban will not only have young to have anyone paying tribute tal health parity bill. How important promoted economic growth, it will to my career, as it were, in public serv- that was. PETE DOMENICI, TED KEN- have spared countless small businesses ice. I believe very strongly that you go NEDY, Paul Wellstone, and others and families from a tremendous bur- out, you find work that you love, a job worked on it, but GORDON SMITH was den. For that, he deserves all of our that teaches you great things, and if invaluable in that discussion. thanks. you have some opportunity to serve I enjoyed immensely my work with JOHN’s voice was one of the loudest your community, your State, your him during his two terms in the Sen- to say that we must tackle tough country in public service, then you ate. I will say to my friend, the good issues now, such as entitlements and think seriously about that oppor- Lord is not through with you yet. the future of Social Security. He stood tunity. There are a lot of things you can do for up time and again, calling on Congress That is how I came to the House and our country. You have done a lot al- to reduce Government spending, ex- even my work in the Senate. I am ready. So I hope you come back often pand telecommunications service to going to have the opportunity to go and see us and know you have friends rural areas, and clean up air pollution. back and do things that I find chal- who care about you and cherish you He also learned firsthand the prin- lenging being an engineer, coming out of a small business community. I know very much. Although there is an aisle ciple that has made America great, our there are a lot of great challenges and here that separates us politically, the commitment to personal freedom. It is opportunities that await. But I also aisle doesn’t exist when it comes to re- what this country was founded on. JOHN understands what makes America know there may come another time spect and admiration. In those terms, I work is not what we do in this Cham- when there is an opportunity to serve, am your seatmate in terms of my re- ber but what millions of Americans do and I will always take those opportuni- spect for you. I thank you for all you every day for their families and com- ties very seriously. have done. munities. On election night, whether you win JOHN SUNUNU JOHN is a kind and compassionate or lose, you always thank the people Mr. MCCONNELL. I also rise today to man who is a joy to know. I remember who matter most to you. You thank say farewell to the Senator from New well when the senior Senator from your family, you thank the people of Hampshire, JOHN SUNUNU. Although Pennsylvania underwent chemotherapy the State of New Hampshire who have JOHN is the youngest Senator, he is one in 2005 as part of his treatment for been good enough to give you the privi- of our brightest. A reporter once wrote Hodgkin’s disease. lege to serve, but you also thank the that one of JOHN’s fellow Senators said Like many chemotherapy recipients, people who made your work possible in that if we were ever to lose JOHN, the the Senator from Pennsylvania’s hair the Senate, your colleagues. I cannot rest of us would have to argue over who fell out. In a generous act of solidarity think of any colleague who has been would be the smartest person in the with his colleague, JOHN shaved his more supportive and more helpful to Senate. But as long as we had JOHN head. That certainly took more com- me over the 6 years I have been in the around, there was no argument. mitment than sending a get-well card. Senate than Senator MITCH MCCONNELL JOHN impressed people at a young But that is JOHN SUNUNU. of Kentucky. age, earning both a bachelor’s and mas- JOHN, I am going to miss you. It has The Senator mentioned my work on ter’s degree in mechanical engineering been an honor to work by your side the Internet tax ban, but the Senator from MIT and an MBA from Harvard. over these past 6 years. It has been a from Kentucky did not mention his He received real-world experience joy to know you, your lovely wife own work. This was a case where it working as an engineer in jobs I dare- Kitty, and your family. helped to have someone with Senator say few of our colleagues could try to I want them and you to know that we MCCONNELL’s leadership and experience explain, myself included. in the Senate admire the depth of your because while I waited patiently in the Then one day a seat from New Hamp- convictions and the strength of your midst of a reauthorization of the Am- shire in the House of Representatives heart. I am sure that whatever the fu- trak bill, once we had the opportunity opened up, and JOHN took a good long ture holds for you, you will be a huge to offer amendments, I happened to be look at it. JOHN has never been the success. prepared with an amendment that kind of man who felt he deserved a job The PRESIDING OFFICER. The Sen- would ban taxes on Internet access. on the public payroll. He did not crave ator from New Hampshire is recog- And the leader from Kentucky just the power and respect that came with nized. happened to be prepared with a motion holding office. Yet we are certainly Mr. SUNUNU. Madam President, I to close debate on that amendment so thankful his great State has sent him ask unanimous consent to speak for a we could finally get a vote. here. few minutes in response to the very While that procedure may sound very Now, 12 years later, I think we can kind remarks of the Republican leader. arcane to people who may be listening say with confidence that New Hamp- The PRESIDING OFFICER. Without to the Senate debate at home, it was shirites could not have had a more objection, it is so ordered. absolutely essential in bringing that dedicated and principled public serv- Mr. SUNUNU. First, it is probably issue to a successful completion. So ant. appropriate for me to note that the only by working closely with the Sen- After 6 years of service in the House, haircut that I now sport is an echo of ator from Kentucky were we able to New Hampshire sent JOHN to this that summer a couple of years ago get that work done on the Internet tax Chamber in 2002. To reach the Senate, when I cut my hair, or cut all of my ban. And it is perhaps the work that I he had to face an incumbent Senator in hair, in tribute to the sacrifice and the am most proud of. I think it is the the primary and then a sitting Gov- celebration of the final chemotherapy work I have been able to do in the Sen- ernor in the general. Since then, JOHN treatment of Senator SPECTER. ate that will probably have the most

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.049 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10623 lasting economic impact. It is impor- 6 weeks and they would be able to take UNANIMOUS-CONSENT REQUEST— tant to leave behind a record that you a deduction of interest and sales tax. S. 3656 are proud of, but it is also maybe even The total cost of my bill was $8 billion. Mr. SCHUMER. Madam President, I more important to leave behind many But the cost of not doing my bill is inform the Republican leader, I had ar- fond memories of that work, fond going to be horrific. It is going to be ranged to do a unanimous-consent re- memories of colleagues with whom you absolutely horrific. I cannot get over quest when the Senator from Iowa were able to spend time and, of course, how these economic conservatives have could be on the floor. fond memories of the friendships you their ostrich heads in the quicksand of I ask unanimous consent the Finance were able to form, both with members our economy. Committee be discharged from further of your own party and with those on You know what is going to happen consideration of S. 3656, the Senate the other side of the aisle. when our automobile industry goes proceed to its immediate consider- Perhaps what I am most proud of down. Well, let them go. Well, I will ation, the bill be read a third time and overall is that the pieces of legislation tell you, we are going to lose $156 bil- passed, and the motion to reconsider be I was able to sponsor and pass, whether lion over the next 3 years in lost taxes, laid upon the table, with no inter- it was the Internet tax ban, civil lib- unemployment, and health care assist- vening action or debate. erties protection that we added under ance. The PRESIDING OFFICER. Is there the PATRIOT Act, the Wilderness Act We are facing the possibility that 3 objection? that protects 25,000 acres of the White million people could lose their jobs. Mr. GRASSLEY. Madam President, I Mountain National Forest, were all bi- But oh, no, we object. We object to de- reserve the right to object. partisan pieces of legislation. That bate. We object to discussion. We ob- The PRESIDING OFFICER. The Sen- means a lot to me. ject to taking our ideas and putting ator is recognized. I think it will serve me well in any them into the sunshine and being able Mr. GRASSLEY. Madam President, future endeavors I undertake in public to do what I thought you do in a de- throughout the years, the Committee service. I thank Senator MCCONNELL, mocracy, vote ideas up or down. on Finance has worked to safeguard the Republican leader. If I lose my bill in a vote, that is the and improve the programs under its ju- Mr. MCCONNELL. Madam President, way democracy works. But to move it risdiction, including the Medicare and let me just say to my friend from New through a parliamentary maneuver of Medicaid Programs. The Finance Com- Hampshire, it has been a real privilege something called, ‘‘I object,’’ I object mittee has a unique expertise on these to serve with somebody of your intel- to the objection. I have no idea why programs and is the only committee in lect and ability. I know you are going anyone would object to bringing up an a position to assess the possible effects to be a huge success. You have, as we idea that has bipartisan support to see of individual changes on all Social Se- discussed, a lot of your life left. I know if we could stimulate demand in the curity programs as a whole. Accord- you are going to be a huge success in automobile industry. ingly, it is essential that any legisla- tive proposals impacting these pro- the coming years, and I am looking for- Well, I tell you what. Senator BARB grams be considered by the full Senate ward to seeing more of you in the fu- MIKULSKI is not the only one who ob- only after the Finance Committee con- ture. jects. The American people object. And ducts a thorough analysis of the issues The PRESIDING OFFICER. The Sen- that is what they did when they walked involved and the potential solutions. ator from Maryland. into that voting booth on November 4 f I would like to bring up one example and voted for change. They said: Yes, of how this bill needs scrutiny. There is UNANIMOUS-CONSENT REQUEST— we can. They were objecting to what a provision buried in here that would S. 3684 goes on in this institution and what allow California to escape its respon- has been going on in the White House Ms. MIKULSKI. Madam President, I sibilities to ensure that illegal aliens for the last 8 years. ask unanimous consent that the Sen- are not getting Medicaid benefits to ate proceed to the immediate consider- They said: I object. And they voted. which they are not entitled. Do the ation of a bill I have at the desk which They objected and then they voted. American people support giving Med- is the text of title VII of S. 3689 regard- And they object by their vote. There is icaid to illegal aliens? I don’t think so. ing the auto sales tax deduction, and a reason a political tsunami hit this in- Simply bypassing the committee proc- further that the bill be read a third stitution. It is because of this con- ess with legislation on complex issues time and passed, and the motion to re- tinual way of throwing sand in the runs contrary to how this body should consider be laid upon the table, with no gears of democracy. So they said: I ob- function. In fact, as my friend from intervening action or debate. ject. That is what the people said. New York is aware, Congress already The PRESIDING OFFICER. Is there So we can go through these par- had extensive debate and enacted a objection? liamentary shenanigans. We can delay Medicare bill already earlier this year. Mr. SUNUNU. I object. what we could do in the next 48 hours That bill was authored by the chair- The PRESIDING OFFICER. Objec- to get our economy going. But, oh, no. man of the Finance Committee. So the tion is heard. We are going to do it. The question Senate and the full Congress have al- Ms. MIKULSKI. It is my under- is, are we going to do it today or are we ready had extensive Medicare debate standing I still have the floor? going to do it 8 weeks from today? The this year. The Senator from New York, The PRESIDING OFFICER. The Sen- longer we wait, the deeper and more as a member of the Finance Com- ator has the floor. prolonged the recession will be. Right mittee, had ample opportunity to raise Ms. MIKULSKI. Boy, am I sorry that now we could begin to not only turn the issues earlier this year that he now is the last act of JOHN SUNUNU in the the page but begin to turn the economy raises in a bill he wants to bring up Senate. I hope it is not the last thing. around. right now. So regardless of the merits I feel so badly about people objecting So those are the rules of the Senate. of the Senator’s proposal, I believe that to me bringing this up. Mine is a bipar- I signed up for the Senate, so I take the ship has set sail. tisan bill that I thought maybe I would rules as they are. But I will tell you, I I have a more extensive statement on win, maybe I would lose, but at least stand with the American people. I ob- the provisions themselves. Some of we could bring it up and debate it and ject. And I object to the objection. I am them, I want the Senator from New discuss it and vote on it. going to keep fighting this until we York to understand, I actually support, My bill was a straight-forward bill. leave. It is my view we shouldn’t leave and I oppose some, obviously. Perhaps My bill was to help save jobs in the until we pass legislation to get this we can work together on some of these automobile industry, from manufac- economy going. If we cannot do it this issues where we agree, if the Senator is turing, sales to service, to the little week, come back next week because interested. Today, however, I am forced people who are the bookkeepers in our the real turkeys will not be in our to object to the Senator’s consent re- communities. oven. The real turkeys will be close at quest. My bill would give a tax deduction to hand. Notwithstanding the significant ju- someone who would buy a car in these I yield the floor. risdictional and process issues I just

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.050 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10624 CONGRESSIONAL RECORD — SENATE November 19, 2008 raised, I would also like to note that care capital Inpatient Prospective Pay- summer. One can presume that the pro- there are several provisions in the bill ment System, IPPS. Currently, teach- posals in this bill were considered and I strongly support. However, there are ing hospitals receive this upward pay- rejected for inclusion in that Medicare several provisions in this bill that I op- ment adjustment under the capital bill. pose at this time and do not believe the IPPS. CMS announced in the fiscal I understand that legislation is often Finance Committee has given proper year 2008, Medicare Hospital IPPS the art of compromise. We can’t always consideration through hearings and in- Final Rule that they would begin to get everything we want in every bill vestigations. phase out the IME adjustment for cap- and keep everything we dislike out. It One of the provisions in S. 3656 that ital IPPS in fiscal year 2009. is a balance. However, I think both in I support would delay implementing As the former chair and currently terms of process and policy, this bill provisions of a proposed CMS rule that the ranking member of the Senate Fi- does not sufficiently achieve a balance would change conditions of participa- nance Committee, it has long been one I think is necessary and I must, there- tion for rural health clinics and decer- of my priorities to ensure Medicare fore, object to its consideration. tify rural health clinics that are no payments are both accurate and equi- The PRESIDING OFFICER. Objec- longer in nonurbanized areas. It would table. I question whether this bill tion is heard. also delay proposed changes to the ex- would further this goal, which many of The Senator from New York. isting payment methodology for rural us share. Mr. SCHUMER. Madam President, I health clinics and federally qualified The appropriateness of the IME cap- introduced this bill in October in re- health centers. While I am very con- ital IPPS adjustment has been ana- sponse to overwhelming concerns New cerned about the proposed CMS rule lyzed not only by CMS, but also the York health care providers have about three devastating health regulations and its impact on rural health centers, Medicare Payment Advisory Commis- that the Bush administration is push- RHCs, unfortunately I cannot support sion, MedPAC, which advises Congress on Medicare payment issues. CMS has ing. this legislation which is within the ju- My bill would put a 6-month delay on documented relatively high and contin- risdiction of the Finance Committee the Medicare Hospital Capital IME ued positive margins for teaching hos- but which has not been given any con- payment policy to teaching hospitals, a pitals under the capital IPPS compared sideration by the committee. 6-month delay on the now-final Med- The CMS proposed rule would impose to nonteaching hospitals. In fact, from icaid Outpatient Clinic regulation, and new location requirements for RHCs 1998 through 2006, teaching hospitals a 6-month delay on the Medicare Hos- and require that clinics be located in a had an aggregate capital IPPS margin pice rule—three regulations that affect nonurbanized area, as defined by the of 11.2 percent while nonteaching hos- the heart and soul of our health care U.S. Census Bureau, as well as meet pitals had an aggregate capital IPPS ¥ system—the facilities and health pro- shortage area designation require- margin of 0.8 percent. viders that take care of all Americans, Based on these figures, many, includ- ments. Only new RHCs applying for the rich or poor, rural or urban. program are currently required to meet ing myself, question the appropriate- Given the urgent challenges we face these criteria but the CMS proposal ness of this payment adjustment. This in our economic health, now is not the would extend these requirements to al- is a case in point of why legislative time to be cutting hospitals or clinics ready certified RHCs. According to proposals such as this must first go that serve our physical health. We CMS, about 500 of the approximately through the committee process. should be making health care more ef- 3,700 RHCs operating today may not S. 3656 puts a moratorium on a CMS fective and efficient—not slashing re- meet these requirements. rule regarding Medicaid payments for imbursement and running these pro- Iowa is currently in the throes of a hospital outpatient services. Early this viders out of business. growing shortage of physicians, espe- year, Congress placed moratoriums on The new Medicare Hospital Capital cially in the more rural areas of the six other CMS Medicaid regulations. Indirect Medical Education, IME, pay- State, due to inequitable geographic Just as I opposed those moratoriums, I ment policy is a disaster for teaching adjustments in physician payment that strongly oppose this one as well. The hospitals. It went into effect on Octo- result in Iowa physicians receiving Finance Committee has not held the ber 1 and will be fully implemented in some of the lowest Medicare reim- first hearing as to why this action is 2010. bursement in the country even though necessary. We have not considered This new policy runs counter to what they provide some of the highest qual- whether payments currently being works in American medicine. The ity care. These geographic payment made are not consistent with the stat- Medicare program has long served the disparities, which discriminate against ute. Medicaid is a critical program for public good by funding the training of rural areas, have further exacerbated children, pregnant women, the dis- new doctors in our academic medical the problems of rural access to care. abled, and the elderly. We have a re- centers and teaching hospitals, using The CMS proposed rule could have a sponsibility to the people who depend IME payments. severe adverse impact on a number of on the program to make sure that Across the Nation in large and small rural health clinics in Iowa, including funds are being appropriately spent. communities there is a shortage of many located in counties that have This moratorium is not consistent with physicians—from primary care to sur- been declared disaster areas from the that responsibility. geons. We rely on our Nation’s aca- severe flooding Iowa suffered earlier This bill also intervenes in a dispute demic medical centers, 13 of which are this year. Rural clinics in Iowa also by CMS and the State of California. in my State, and teaching hospitals to could be severely impacted by the CMS The State of California has been seek- train new physicians. proposed payment changes since RHC ing approval of an extension of their The new policy eliminates critical costs in Iowa and other States are al- family planning waiver for 6 years. For funding that supports teaching. ready higher than the existing Medi- 6 years, CMS has been pushing Cali- The total cost of this new policy to care reimbursement cap. If the CMS fornia to improve their collection of New York’s teaching hospitals would rule is finalized as proposed, rural Social Security numbers and citizen- be $62 million when it is fully imple- health clinics in Iowa and elsewhere ship documentation for women en- mented in 2010. The total for all U.S. may be forced to close their doors, even rolled in the program. This bill essen- hospitals is $380 million. though they have served rural popu- tially requires CMS to approve of the Let me illustrate what these cuts lations very well for many years, leav- extension of California’s waiver with- mean to New York hospitals: Albany ing Iowa with fewer physicians and out requiring California to do anything Medical Center Hospital, $1.2 million; some patients with little access to pri- further to improve their process of en- Kaleida Health in Buffalo, $1.3 million, mary care and other critical medical suring people who receive benefits are Montefiore Medical Center, $3.7 mil- services. actually eligible for those benefits. lion; Strong Memorial Hospital, $1.6 This bill would prevent the applica- I would also like to point out that a million; Stony Brook University Hos- tion of a CMS policy to phase-out a comprehensive Medicare bill written pital, $1.6 million; Bassett Hospital in payment adjustment for indirect med- by the Chairman of the Finance Com- Cooperstown, $426,000; and Coney Island ical education, IME, under the Medi- mittee was passed by the Senate this Hospital, $565,722.

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.005 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10625 These facilities are the same ones in Let me discuss another New Yorker UNANIMOUS-CONSENT REQUEST— my State who provide the lion’s share that the Buffalo-based Aspire Clinic S. 3689 of uncompensated care to the unin- helped. In 1998, Aspire wanted a woman Mr. REID. Madam President, with sured. named Alice to have a colonoscopy. the daunting challenges we face on our One of the hardest hit hospitals in When she did, it was revealed that she road to economic recovery—and that my State is Mt. Sinai Medical Center had colon cancer. But luckily they will come; it is a question of when— in Manhattan. They stand to lose $4.1 found it in time and she had surgery to there is no reason to wait for a new million by 2010. remove the cancer and now, 10 years year, a new Congress and a new Presi- This lost funding means Mt. Sinai later, she is doing fine. dent. We could vote now. We could take Medical Center will be forced to take Alice is just one of hundreds of indi- action now. We can’t solve our eco- cost cutting steps: viduals who receive primary medical First, delay completion of their inpa- nomic challenges with one vote, but we care through these essential primary tient electronic medical record rollout; could get started. So I say, why wait. care clinics. second, they won’t be able to expand Every day that goes by, thousands of their already crowded emergency room Enable, a Syracuse agency that Americans lose their jobs. Thousands that provides over 100,000 patient visits serves children and adults with disabil- of homes are lost. Scores of companies a year; and third, they will scale back ities, told my office that they would file for bankruptcy. So why don’t we many free medical screenings and have to stop providing physical and oc- staunch the bleeding, stop some of the other programs for patients. cupational therapy to more than 300 pain, and begin to turn things around? These are not the actions we want clients on Medicaid if the Rule had in- We have before the Senate a com- hospitals to take. cluded freestanding clinics. prehensive economic stimulus plan Hospitals need our help. The Medi- I wish CMS hadn’t made this regula- worked out with the Appropriations care Payment Advisory Commission, tion final, but at least it isn’t as bad as Committee, the Finance Committee, MedPAC—which is a nonpartisan it could be. We will know the extent of and the Agriculture Committee, that group—has said that in 2006, hospitals’ pain that other clinics and hospital we could pass and we should pass. I Medicare margins nationwide were in outpatient services may face on De- wish to express my appreciation to the the red at negative 4.8 percent. cember 8, when the rule must be imple- members of the Appropriations, Fi- In New York in 2006, rural hospitals mented. nance, and Agriculture Committees. were hit the hardest by low Medicare Therefore, I hope that the Senate They have worked very hard to put this reimbursements with even lower mar- will pass the PATH Act. As we have package together under the leadership gins of negative 8.2 percent. heard, there are just too many terrible of Senators BYRD, BAUCUS, and HARKIN. After 7 consecutive years of overall cuts underway in health care, and we What do I mean by ‘‘comprehensive’’? negative margins, the hospitals in my need to be doing all we can right now Instead of addressing just one part of State did little better than break even to stop the bleeding. our economic crisis, this legislation in 2006. It doesn’t make sense to me takes many steps that economists I understand my colleague has ob- that we would gut a source of training agree we need. jected. That is unfortunate. To wait for high-paying jobs in this country at I ask unanimous consent that the another 3 months or 6 months at a time a time when we are bleeding jobs. Senate proceed to the consideration of This is not just a New York issue. In when our economy is in such dire shape Calendar No. 1122, S. 3689; that the bill July, 51 Senators signed a bipartisan will do severe damage to health care be read a third time, passed, and the letter to the Centers for Medicare and throughout the country. In my State of motion to reconsider be laid on the Medicaid Services, CMS, that opposed New York, for instance, the new Medi- table, and there be no intervening ac- implementation of the capital IME. We care Hospital Capital Indirect Medical tion or debate. need to pass my bill so that these cuts Education payment policy is a disaster The PRESIDING OFFICER. Is there don’t hurt all U.S. hospitals. for teaching hospitals. It runs counter objection? Now I want to speak briefly about to what works in American medicine. The Senator from Arizona. the Medicaid Outpatient Clinic Regula- It affects large and small communities. Mr. KYL. I object. tion that my bill places a 6-month mor- We have a desperate shortage of physi- The PRESIDING OFFICER. Objec- atorium on. cians, from primary care to surgeons. tion is heard. For months I fought with CMS about The country relies on academic med- Mr. REID. Madam President, we have this regulation. Unfortunately, they fi- ical centers. This clobbers them at a a matter on which the objection was nalized it last week. time when it should not have hap- made. I did not cover it all, of course, But, I am pleased that in the final pened. Many of us believe this regula- in that matter. We have significant version free-standing health clinics tion was not within the purview of things in that piece of legislation that were saved from massive cuts. There CMS to enact. They went ahead and did were objected to dealing with infra- were many clinics in New York that it. I would hope that maybe my col- structure; unemployment benefits; were saved from either closing their league will reconsider. We will return FMAP, which is the matter to give doors or saying no to their patients. to this issue when we come back in some fiscal relief to our States; and it I want to talk about Ed, a 62-year-old January, but some damage, unfortu- would give help to the auto industry. Buffalo resident, who can only move nately, will be done. So this is the type of issue on which I his head due to his cerebral palsy. With I understand why my colleague has wish we could move forward. I under- the help of a free-standing clinic in objected. I regret it. There was no time stand my colleagues. They are not Buffalo, called Aspire, Ed learned to to move in the Finance Committee be- going to accept this. operate his power wheelchair with his cause this regulation didn’t take effect I think the provision we have dealing chin. until very recently, having many bad with taking the money out of the fi- Even more amazing he can operate a affects. I will work hard and not rest nancial bailout that we have, that the computer using his chin. Ed spent 5 until we overturn the regulation. White House has, the Treasury Depart- years mastering desktop publishing I yield the floor and suggest the ab- ment has—I have talked on the floor and then formed his own successful sence of a quorum. over the last 2 days about that. There business. is no need to belabor that point. But it The PRESIDING OFFICER. The If free-standing clinics were included is too bad we could not move forward clerk will call the roll. in the final regulation, Ed could not at- on that basis. tend Aspire of WNY’s wheelchair clinic, The legislative clerk proceeded to It is my understanding Senators where physical, occupational and call the roll. LEVIN and BOND are going to try to speech therapists customize all sorts of Mr. REID. I ask unanimous consent come up with some alternative pro- things for him. Without that service, that the order for the quorum call be posal. When they come up with that, I Aspire tells me that he would be com- rescinded. would be happy to see if there is any pletely immobile and not as inde- The PRESIDING OFFICER. Without way we can move procedurally. That is pendent. objection, it is so ordered. not going to be easy with what is going

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.006 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10626 CONGRESSIONAL RECORD — SENATE November 19, 2008 on in the House and, actually, what is our children are not without the care working with others on the Democratic going on here. But I will confer with they need. I hope we can take that side. We took the basic construct of the my counterpart, Senator MCCONNELL, step. measure the majority leader had intro- and we will do what we can to move The PRESIDING OFFICER. Is there duced. We took the money out of a pre- forward. objection? viously passed bill, which would not f Mr. MCCONNELL. Madam President, cause as much concern down Pennsyl- reserving the right to object, this is a vania Avenue, and we provide that the UNANIMOUS-CONSENT REQUESTS spending measure of $37.8 billion which money will go back into that program Mr. REID. Madam President, I ask has not been considered by the Finance as it is returned. unanimous consent that we move for- Committee. We should be asking the In my view, it is essential we work ward on this bill, S. 3689—there is a States to pay it back. We should re- something out. I will tell the majority provision in that dealing with what we quire the States to agree to not raise leader we have made great progress. We call FMAP—that the FMAP provision taxes. For all of those reasons, Madam are down to the point now where word- be taken out, that it be considered as President, I object. ing challenges are about the only re- separate legislation, be read three The PRESIDING OFFICER. Objec- maining things to deal with. I strongly times and passed, the motion to recon- tion is heard. believe it is in the interest of the coun- sider be laid on the table, and there be Mr. REID. Madam President, I have try, particularly all of those families no intervening action or debate. one final consent request on which I whose jobs depend upon the auto indus- The reason that is so very important would like to move forward. This is the try, and the States, the local govern- is that FMAP is something that every matter dealing with automobiles. We ments, and the Federal Government to State—every State, all 50—is in des- know the issue before this body. There move something forward. perate need of. No part of our country have been speeches given the last sev- So I ask unanimous consent that at a has proven immune from our economic eral days about where the automobile time to be determined on Thursday, struggles. We are all sharing the heavy industry is. We have watched on na- November 20, the Senate proceed to the burden of these difficult times. But few tional TV the congressional hearings immediate consideration of a bill to be places are suffering, though, more than that have taken place on this side of introduced by Senators BOND and we are in Nevada. the Capitol and on the other side of the VOINOVICH and others; I further ask Budget shortfalls in Nevada are caus- Capitol. We need to try to figure out that there be no amendments in order, ing deep cuts in bedrock programs the some way to move forward. with 2 hours of debate equally divided, Government must provide, programs We believe the best way to move for- and following the use or yielding back that help and protect children, senior ward is taking the money, as I have in- of the time, the bill be read a third citizens, and people with disabilities. dicated, out of the so-called TARP time and the Senate proceed to a vote The State of Nevada has been forced money. I do not believe we need the on passage, and that if there are not 60 to cap enrollment in Nevada Check-Up, legislation. I think—well, I don’t know. votes in the affirmative, the bill be our form of children’s health insur- I have talked to Secretary Paulson placed on the Senate calendar. ance. The State recently had to insti- twice today. He knows he has author- The PRESIDING OFFICER. Is there tute cuts to provider reimbursement. ity to take money out of that; he just objection? What is worse, these cuts will not end does not want to do it. Mr. REID. Reserving the right to ob- here unless we act to provide fiscal re- So I ask unanimous consent that the ject, Madam President, we have had no lief by increasing the Federal Medical Senate proceed to the consideration of hearings. We have no text. I know my Assistance Percentage; that is, FMAP. a bill I have at the desk, which is the friend, Senator BOND, is a man of faith. What are the consequences of inac- text of title VI of S. 3689 regarding I think I am too. But this is carrying it tion? It was reported in the media this automotive industry assistance; that a little too far. We do not know any- weekend that due to the provider rate the bill be read a third time and thing about this. I look forward to a cut, University Medical Center in Las passed, the motion to reconsider be piece of legislation we can look at. Vegas, our public hospital, is dis- laid on the table, and there be no inter- Hopefully, it can be done tonight or to- continuing outpatient cancer treat- vening action or debate. morrow, and we will be happy to look ment. And that is not just for Medicaid The PRESIDING OFFICER. Is there at it. patients, it is for all patients. It is not objection? I have had many conversations today clear if all those patients will be able Mr. KYL. Madam President, reserv- and yesterday with the senior Senator to afford chemotherapy elsewhere, but ing the right to object, the longer this from the State of Kentucky, Mr. it is pretty clear they will not be able legislation has been lying around, the MCCONNELL, and we understand the im- to. more objections have been heard to it. portance of this issue. We will try to Low-income children who need ortho- So, yes, I do object. work to move forward on it. But I want pedic treatment will have to leave Las The PRESIDING OFFICER. Objec- everyone to understand, no matter how Vegas altogether for services else- tion is heard. hard we work, how hard we try, the where. They will likely have to leave The Senator from Missouri. House of Representatives is going home the State. Mr. BOND. Madam President, the dis- tomorrow. OK. They are leaving. There is more to come. The cuts are tinguished majority leader was kind I understand the importance. But I not over. This is the way it is in many enough to mention the fact that sev- would hope that in addition to under- States around the country. The budget eral of us on our side have been work- standing the importance, we have to shortfalls are deep. When States have ing with leading Members on his side of face reality. The reality is, we have to cut provider reimbursement for the aisle to come up with a com- tried a number of different approaches. some of the things I have outlined, promise proposal that would come to I will be happy to look at the ap- they have real difficulties in making the aid of the auto companies which proach my friend from Missouri has. He the safety net not be one that has big are facing a very serious situation, is a hard-working Senator. I under- holes in it. States have found no choice without mentioning specific ones or stand how hard he works. He is a real but to look at cutting services such as others, but to say this is a critical time advocate for doing what he thinks is mental health and cutting actual peo- to move to prevent perhaps the bank- appropriate for his State and our coun- ple from the program, adding to the ruptcy or the disappearance of a major try. ranks of the insured at the worst pos- auto company, which would cause Senator LEVIN and I have had hours sible time. chaos in our country. Over 3 million of conversation regarding this issue. We have been working in the Senate jobs are related to the auto industry— Every conversation I have with him he to provide help. The stimulus bill we from the auto assembly plants, to the mentions the name of the Senator from introduced includes a temporary 8-per- auto dealerships, to the parts suppliers. Missouri. So I understand what this is cent FMAP increase to stave off these So we have been working on a bipar- all about, but, recognizing we have had cuts. It will not fix the problem, but it tisan basis. On my side of the aisle, no hearings, we have no legislation, I may make a difference in ensuring that Senator VOINOVICH and I have been object.

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.062 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10627 The PRESIDING OFFICER. Objec- Mr. REID. Madam President, I cer- ing of those in the auto industry: man- tion is heard. tainly think it would be appropriate if agement choices, production of models f we can do that. I will do everything I that consumers choose not to buy, leg- can to move this forward. acy costs, contracts, health care, pen- CONCLUSION OF MORNING I again say, Madam President, I ap- sions. We all understand that within BUSINESS preciate the patience of everyone the economic slowdown there has been Mr. REID. Madam President, I ask today. A lot of times we do not spend a a significant drop in the number of cars unanimous consent that morning busi- lot of time here, but it is hard getting being manufactured, but these busi- ness be closed. here. I appreciate it very much. And we nesses were losing money well before The PRESIDING OFFICER. Without were interrupted by the President of the current downturn. By stepping for- objection, it is so ordered. Bolivia. ward now to provide them with $25 bil- Morning business is closed. I should say—and I am sorry I did not lion or $50 billion, depending on which f to my friend, Senator MCCONNELL—if piece of legislation we would be consid- we do get cloture, then we could even ering and voting on, we, quite frankly, ADVANCING AMERICA’S PRIOR- do that, have a 60-vote threshold on would be taking money from taxpayers ITIES ACT—MOTION TO PROCEED that. And if that were done, we would across the country and rewarding those The PRESIDING OFFICER. Under be out of here as far as I know. So we poor decisions that have been made by the previous order, the Senate will re- will work together to see what we can the manufacturers themselves. sume consideration of the motion to get done. We will work to see what we Second, this would set a bad prece- proceed to S. 3297. can get done in the next 12 hours. dent. There are many businesses across Mr. REID. Madam President, I ask I suggest the absence of a quorum. America that are dealing with tough permission to withdraw the motion to The PRESIDING OFFICER. The times, a slowdown in their growth proceed to S. 3297. clerk will call the roll. prospects. They have had to deal with The PRESIDING OFFICER. The mo- The assistant legislative clerk pro- layoffs. They have seen a significant tion is withdrawn. ceeded to call the roll. slowdown in construction spending or f Mr. SUNUNU. Mr. President, I ask consumer spending. It is affecting unanimous consent that the order for every corner of our economy. If we set UNEMPLOYMENT COMPENSATION the quorum call be rescinded. the precedent of stepping forward with EXTENSION ACT OF 2008—MOTION The PRESIDING OFFICER. Without $25 billion in subsidies for auto manu- TO PROCEED objection, it is so ordered. facturers, every other business and in- CLOTURE MOTION AUTO MANUFACTURING INDUSTRY BAILOUT dustry in America would be looking for Mr. REID. Madam President, I now Mr. SUNUNU. Mr. President, I rise to the same kind of treatment from the move to proceed to Calendar No. 1123, speak on the pending discussion and Federal Government. That is simply H.R. 6867, an act to provide for addi- debate in the Senate about subsidies to not in the taxpayers’ interests. It is tional emergency unemployment com- the auto manufacturers and whether certainly not fair to the average tax- pensation and, with that, I send a clo- passing a large bailout subsidy package payer. It is not fair to those taxpayers ture motion to the desk. for the auto manufacturers is a good who work for companies that won’t get The PRESIDING OFFICER. The clo- idea. Earlier this afternoon I objected that kind of special treatment. Any ture motion having been presented to a unanimous consent request by time the Federal Government starts under rule XXII, the Chair directs the Senator MIKULSKI and she responded to putting a significant amount of re- clerk to read the motion. that objection by noting that she cer- sources—$1 billion, $10 billion, $25 bil- The legislative clerk read as follows: tainly hoped that objecting to a bail- lion—into a particular firm or industry CLOTURE MOTION out package for auto manufacturers we distort the marketplace. So we We, the undersigned Senators, in accord- wasn’t the last thing I did in the Sen- would be rewarding bad decisions. We ance with the provisions of rule XXII of the ate, given that my term is going to be would be setting a bad precedent. Standing Rules of the Senate, hereby move expiring and I am going to be retiring Finally, we would be placing tax- to bring to a close debate on the motion to from the Senate. Well, it won’t be the payers at even greater risk. We need to proceed to Calendar No. 1123, H.R. 6867, the last thing I do. If nothing else, the last be honest about the impact of giving Unemployment Compensation Extension Act thing I will do is to explain why her $25 billion to the auto manufacturers of 2008. legislation was such a terrible idea to in order to sustain their unprofitable Harry Reid, Max Baucus, Patrick J. Leahy, Bernard Sanders, Kent Conrad, the people of New Hampshire who operations. Many observers have sug- E. Benjamin Nelson, John D. Rocke- elected me and to the American people gested that $25 billion isn’t nearly feller, IV, Dianne Feinstein, Robert P. whom I think I have an obligation to enough, $50 billion probably isn’t Casey, Jr., Patty Murray, Richard Dur- serve in making sure that their inter- enough to stave off bankruptcy. So bin, Sheldon Whitehouse, Barbara A. ests are protected, that their wallets when these firms ultimately did have Mikulski, Barbara Boxer, Carl Levin, are protected, and that we act with a to file for bankruptcy or when the Daniel K. Akaka, Mark L. Pryor. commitment to fiscal responsibility. losses mounted over the next 6 months Mr. REID. Madam President, I ask We don’t need to be providing sub- or 12 months or 18 months and the unanimous consent that the manda- sidies, special benefits or protection to firms needed additional capital, where tory quorum required under rule XXII individual businesses, whether they are would they turn? Back to the taxpayer. be waived. auto manufacturers or any other busi- So the expectation would be—and I The PRESIDING OFFICER. Is there ness. This is wrong for a large number think the likelihood would be—that objection? of reasons. To be sure, no one is happy the $25 billion or $50 billion provided Without objection, it is so ordered. about the fact that our country is in a today would simply be a downpayment Mr. REID. Madam President, I appre- recession, that Europe is in a recession, on even greater losses and greater ex- ciate the patience of all my colleagues. that we have a global slowdown that posure to the taxpayers in the future. The PRESIDING OFFICER. The Re- will affect hundreds of thousands, if Now, the proponents of this legisla- publican leader. not millions, of lives across the United tion have said a number of things. Mr. MCCONNELL. Madam President, States and across the world. But by First and foremost, they have talked I would ask my friend, the majority providing subsidies to the auto manu- about the number of jobs that would be leader, now, if consent is not granted, facturers, we do several things that are affected. No one relishes the idea of this vote would be on Friday? fundamentally wrong—bad for our higher unemployment and job losses Mr. REID. That is right. economy, bad for taxpayers, bad for that have already begun in this current Mr. MCCONNELL. Madam President, consumers. recession. But there are many busi- I say to my friend, I will be working on First, quite frankly, we reward bad nesses and industries across America my side to see if it is possible to move decisions that have been made by these that employ hundreds of thousands of that vote forward to tomorrow. Hope- firms themselves. The problems within people, that employ even more than fully, he will be doing the same. the auto industry are largely the mak- the auto manufacturing segment. The

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.063 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10628 CONGRESSIONAL RECORD — SENATE November 19, 2008 three largest technology-based firms in sible. Of course, we should avoid legis- identity theft. I was hopeful Congress the country employ nearly twice as lation such as that being proposed for would pass legislation that addresses many people as the auto manufactur- the auto manufacturers that would in- the problem of unauthorized foreign ers. The three largest firms in the fi- tervene and subsidize bad economics, workers stealing Social Security num- nancial services industry employ hun- poor performance, and bad manage- bers and then using the numbers to ob- dreds of thousands more than the auto ment choices. tain employment and then, eventually, manufacturers do. These businesses I hope this legislation will be dealt accruing Social Security benefits. and industries such as the auto manu- with in an appropriate way. I hope my Almost 2 years ago, I introduced S. facturers have their own customers and colleagues will see the value in pro- 699. It is legislation that facilitated the suppliers and vendors and contractors tecting the taxpayers by opposing this sharing of existing information among who would also be affected by the slow- kind of intervention, this kind of un- government agencies in instances down or by layoffs at those businesses. necessary subsidy. A lot of people have where the infrastructure, if shared, We care about the auto manufactur- made the observation that a failure to could expose cases of identity fraud. ers. We care about manufacturing. We pass subsidy legislation would make Unfortunately, my bill stalled in com- care about every job in our economy, bankruptcy for the auto manufacturers mittee and has not since received fur- because each job is important to that more likely, and that may well be the ther action. Congress’s failure to enact worker, their family, and their depend- case. But the bankruptcy protection such legislation is disappointing, be- ents. But we can’t be providing unique process is designed to allow firms, cause it has left in place existing law benefits, unique treatment to one busi- large and small, to reorganize, to re- which is ineffectual in deterring unau- ness at the expense of others and at the structure, to establish a better, more thorized foreign workers from stealing expense of taxpayers. effective business model, a better sys- the identity of citizens—that is Ameri- A second argument that has been tem for producing the kinds of prod- cans—and nationals. Individuals con- made is that since we passed a finan- ucts customers want, for delivering the tinue to engage in this activity in vio- lation of our criminal laws as well as cial stabilization package a month ago, services our economy needs, improving our immigration laws while also de- we should be willing to keep passing efficiency and, in doing so, provide additional subsidy or bailout legisla- frauding Social Security and citizens. strong, well-paying jobs that are secure Identity theft continues to plague tion. I think we need to understand for as many of their employees as pos- our country at an alarming rate. that taking the action we took when sible and for an employment base that If there was ever any doubt, let last the credit markets in the United suits the marketplace. But when you week’s discovery—in Weld County, Col- States and across the world froze was have a business model that has been orado—of 1,300 stolen Social Security action taken only with the greatest proven to be as problematic as those of numbers by illegal immigrants serve as imaginable reluctance, and it was only the large three auto manufacturers, a reminder of the pervasiveness of this taken to protect access to credit for a sometimes bankruptcy protection is problem. A single additional case of an home loan or car loan, a small business the best possible methodology for re- unauthorized worker stealing a U.S. loan that our economy needs to func- structuring, reorganizing, and putting citizen’s identity is one case too many, tion every single day. Moreover, only together a firm that is more competi- for it is well within the Federal Gov- action of the Federal Government—and tive and stronger and healthier for the ernment’s ability to stop this rampant the European governments as well— long term. problem. If my legislation had been en- only that action could provide the cap- I appreciate the opportunity to speak acted, the 1,300 illegal aliens using ital or had the capacity to provide the on these issues. I think it is important fraudulent Social Security numbers capital necessary to enable those credit that we protect our economy to the and resulting in more than $2.6 million markets to function normally again. greatest extent possible by keeping in stolen tax dollars would have caught And they have begun to function more taxes on capital low, by creating a Tax the attention of law enforcement much normally today. Code and a regulatory structure that sooner. Now, normal functioning of credit encourages manufacturing and invest- Last week, after an intense and markets doesn’t guarantee economic ment, that rewards entrepreneurship, lengthy investigation by the Weld growth in this quarter or next quarter, but none of these things requires that County Sheriff s Office, the Greeley but it does prevent a collapse of the we single out one firm or one business Police Department, and District Attor- credit system that our economy needs over another for a handout or a subsidy ney Ken Buck’s office, a series of ar- to operate on a daily basis. at the cost of the taxpayers. rests began in a case that is far-reach- So I think the arguments that there I yield the floor. ing and has national implications. are jobs at stake in the auto industry The PRESIDING OFFICER (Mr. What is upsetting is that Congress is a false argument, because there are PRYOR). The Senator from Colorado is has had foresight about the dev- jobs at stake in every corner of our recognized. astating effects of identity theft. We economy. The argument that an eco- Mr. ALLARD. Mr. President, what is have also been educated, notably by nomic recovery package passed last the regular order of business? Secretary Chertoff, of the suscepti- month is justification for these kinds The PRESIDING OFFICER. The Sen- bility for citizens’ identities to be sto- of subsidies to other manufacturers is ate is considering the motion to pro- len by aliens that are in the United mistaken as well, because that was leg- ceed to H.R. 6867. States illegally and without authoriza- islation designed to protect every fam- Mr. ALLARD. I ask unanimous con- tion to work. I introduced legislation ily, every business in America, given sent to speak as in morning business. that recognizes the compelling need to the unique crisis we have had in our The PRESIDING OFFICER. Without modify the law in order to allow our credit markets. objection, it is so ordered. Government both to enforce immigra- Our economy is built on the idea of IDENTITY THEFT tion laws and also protect the victims freedom, transparency, and entrepre- Mr. ALLARD. Mr. President, first, I of identity theft. Under the current neurship. I think we should never for- wish to thank the Senator from New law, by the time identity theft is dis- get that. We have the freest economy Hampshire who just spoke for his lead- covered, the damage has already been in the world. If you look at the freest ership in the Congress, and it has been done. For instance, an 84-year-old and most open economies in the world a pleasure serving with him. I also will Grand Junction woman was deemed in- and compare them to their more heav- be retiring, but one of the people I will eligible for Federal housing assistance ily regulated counterparts, in every miss is JOHN SUNUNU from New Hamp- because her Social Security number measure, free and open, transparent shire, because I think he has contrib- was being used at a variety of jobs in markets performed better than their uted a lot to the process. Denver, making her income too high to more heavily regulated counterparts. I I wish to also take a moment to qualify. Several individuals had been think there is a lesson here: that we bring to your attention and the atten- using her I.D. number, and each indi- should avoid Government intervention tion of my colleagues an issue I have vidual’s salary was then being reported wherever possible. We should minimize worked hard to address in legislation I to Social Security. As a result, her in- the cost of regulation wherever pos- proposed this Congress. The issue is come was recorded much higher than

VerDate Aug 31 2005 01:10 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.055 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10629 what she was receiving. If the discrep- of opportunities such as taking out a GORDON SMITH ancy had been discovered earlier, be- student loan, purchasing a home, or Mr. President, today I want to thank fore she had applied for her housing purchasing tools or equipment with a Senator GORDON SMITH for his service grants, there would have been an op- small business loan? Shouldn’t we do to the people of Oregon. During my portunity to address the disparity be- all that we can to prevent law-abiding time on the Senate Foreign Relations fore she became a victim twice over. citizens falling victim to identity African Affairs Subcommittee I have What is incredible is that the Federal theft? watched Senator SMITH fight ardently Government, specifically the Internal Occurrences of identity theft per- for the President’s Emergency Plan for Revenue Service, is enabling this. petrated by illegal immigrants have AIDS Relief that has saved countless Under current policy, the IRS is under risen and will continue to rise as better lives around the globe. His leadership no obligation to share information systems are developed for verifying on legislation to fight HIV/AIDS and with other agencies upon the discovery employment. Illegal immigrants will other diseases has been vital to our ef- of a Social Security number being used continue to assume the names and forts to bring help to many African na- with multiple names or in the case Government-issued ID numbers of tions. where it is discovered that an indi- American citizens in order to thwart I also applaud his work to pass the Employment Non Discrimination Act, vidual has more than one person re- detection at workplaces, get driver’s li- which I was also pleased to cosponsor. porting earnings for him or her during censes and obtain credit. Once a person His efforts to end employment dis- a single tax year. takes a job in the U.S., one of the first crimination based on sexual orienta- I propose to allow the Commissioner things his employer will likely ask for tion represent an important step to- of Social Security to share information is his Social Security number. The in- ward ensuring equal rights for all with the Secretary of Homeland Secu- tegrity of the immigration system de- rity, where such information is likely Americans. pends on the genuineness of our efforts Finally, I want to recognize Senator to assist in discovering identity theft, to protect citizens from immigrant-re- SMITH’s work on legislation to require Social Security misuse or violations of lated identity fraud. Identity theft pre- health insurers to include mental immigration law. It is worth noting vention and immigration enforcement health benefits in their health insur- Secretary Chertoff supports my pro- will be greatly enhanced by legislation ance coverage. This excellent example posal, believing it is a practical solu- that permits the sharing of social secu- of bipartisan cooperation, the Paul tion that overcomes the current limi- rity data among agencies. Wellstone and Pete Domenici Mental tations on information sharing. The Weld County Tax I.D. case is just Health Parity and Addiction Equity Despite the force of these arguments the tip of the iceberg. If more than Act, was made possible in part by the supporting legislation that tears down 1,300 illegal immigrants can receive commitment of Senator SMITH to en- the wall that prevents the sharing of more than $2.6 million in tax refunds suring those suffering from mental ill- existing information among Govern- using stolen Social Security numbers ness have access to medical treatments ment agencies, Congress has so far re- in a community of 100,000 people, how that will improve their quality of life. jected Secretary Chertoff’s call for a many other cases exist throughout the Once again, I thank GORDON SMITH legislative solution. country? It adds insult to injury that a for his dedication to the people of Or- The 1,300 cases of suspected stolen legislative solution is easily within egon and the country while in the Sen- identities exposed in Weld County reach of Congress. ate, and I wish him all the best in the alone were brought to light after au- I know we have a lot on our plate future. thorities discovered that an illegal im- this week, but I would ask the Senate JOHN SUNUNU migrant accused of stealing and using a to act to close this loophole. Mr. President, today I want to take a man’s Social Security number to get Mr. President, I yield the floor. moment to recognize the service of jobs, loans, and other services, had also f Senator JOHN SUNUNU during his time been filing and receiving tax returns MORNING BUSINESS here in the Senate. It has been a pleas- from the Federal Government. It did ure to work with him on a wide range not take long for investigators to come of issues, from protecting the rights of to the realization that this particular TRIBUTE TO SENATORS law-abiding Americans to strength- illegal immigrant’s suspected use of ening our foreign policy toward Africa. ELIZABETH DOLE stolen identity was not an isolated Senator SUNUNU has made many im- case. As it turns out, these 1,300 other Mr. FEINGOLD. Mr. President, today portant contributions during his time illegal immigrants filed tax returns I commend Senator ELIZABETH DOLE in this body, but his work to protect using the same tax preparer based in for her dedicated work on behalf of the constitutional rights of innocent Greeley. This is one tax preparer han- North Carolina in the Senate and her Americans is certainly among the most dling 1,300 fraudulent returns. Take a decades of service to our Nation. In the important. He recognizes that our gov- moment and consider the 1,300 illegal Senate she has worked hard to ensure ernment can wage an effective fight aliens’ tax returns, which yielded $2.6 our veterans and servicemembers re- against terrorism that still respects million in tax refunds, were handled by ceive the benefits they have more than our basic freedoms. Senator SUNUNU a single tax preparer; now consider the earned. I was pleased to have her co- has been a crucial voice on civil lib- number of tax preparers nationwide sponsorship and support for my meas- erties issues like reforming the PA- and the exorbitant amount of tax dol- ure allowing servicemembers to termi- TRIOT Act and keeping tabs on gov- lars—likely in the billions—distributed nate cell phone contracts free of pen- ernment data mining efforts. I am among illegal aliens using fraudulent alties. proud that we worked together on a Social Security numbers. The way our Senator DOLE has also demonstrated number of bills. Most recently, we in- system works, the tax preparer is re- a commitment to solving the most dif- troduced legislation addressing the se- lieved of liability, absent reckless mis- ficult crises in Africa, particularly in rious misuse of the FBI’s national se- representation or a finding of excep- Zimbabwe and Darfur. We both joined curity letter authorities to obtain in- tional negligence. with Senator CLINTON and Senator formation about innocent people with- With whom should the liability lie? LUGAR on legislation to assist out judicial review. We also success- The obvious answer is the illegal alien Zimbabweans in their efforts to pro- fully passed legislation last year re- guilty of stealing someone else’s iden- mote democracy and human rights in quiring Federal agencies to inform tity. But what happens to the helpless their country. I also welcomed Senator Congress about the use and develop- victim of the identity theft? Shouldn’t DOLE’s support on a resolution con- ment of the kind of government data our law protect the person who has had demning the recent flawed elections in mining technologies that raise the their identity compromised, and Zimbabwe. Her voice in the Senate on most serious privacy and efficacy con- shouldn’t our Federal agencies be re- these issues will be missed. I thank her cerns. I will miss his voice on these quired to communicate information for her service to the Senate and the issues here in the Senate. about an individual’s compromised people of North Carolina, and wish her Finally, I want to recognize Senator identity before the individual is robbed all the best for the future. SUNUNU’s work on the Senate Foreign

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Throughout his time in the Senate he his work on Africa, and to so many I was extremely pleased that Senator was a stalwart member of the Foreign other issues during his service in the DOMENICI’s assiduous efforts over many Relations Committee, where he became Senate. I wish him all the best in the years were recently brought to fruition one of the Senate’s experts on inter- future. with the passage and signature into national affairs. PETE DOMENICI law of the Mental Health Parity Act. Upon CHUCK HAGEL’s arrival in the Mr. LUGAR. Mr. President, I wish to PETE joined the late Senator Paul Senate in 1996, he had already distin- honor our distinguished colleague, Wellstone in promoting this bipartisan guished himself in service to his coun- PETE DOMENICI, who will be ending his legislation that will ensure that health try. He was decorated for his service as historic Senate career at the end of plans make mental health treatment an infantryman in the U.S. Army dur- this Congress. For the past 32 years it available for those in need. It will pro- ing the Vietnam war; He went on to ca- has been my privilege to serve with vide parity between health insurance reers as a congressional staffer, a dep- PETE DOMENICI in the Senate. During coverage of mental health benefits and uty administrator of the Veterans Ad- that time, he has epitomized devotion benefits for medical and surgical serv- ministration, and a successful busi- to public service and to his State of ices and help avert the development of nessman. New Mexico. He will leave the Senate future physical problems that could When CHUCK came to the Senate, it having cast more votes than all but six arise from untreated and increasingly was clear that his unique background other Senators in the history of this debilitating psychological illness. would be an asset to the Senate For- body. He is the longest serving Senator I am especially sad to see PETE leave eign Relations Committee. I encour- in New Mexico’s history, and he rightly because he has been an outstanding aged him to join the committee and occupies an iconic status in his home partner in work to prevent nuclear pro- was pleased that he did so. In the Sen- State. liferation and to improve response to ate, CHUCK embraced responsibility for PETE DOMENICI experienced a modest attacks involving weapons of mass de- U.S. national security as few Senators upbringing as the only son of first gen- struction. In concert with the efforts of have in recent decades. eration Italian immigrants. He secured Senator Sam Nunn and myself to es- Senator HAGEL’s years in the Senate his first job after college as a pitcher tablish the Nunn-Lugar Cooperative will be remembered for his willingness for the Albuquerque Dukes, then a Threat Reduction Program at the De- to challenge conventional wisdom and farm team for the Brooklyn Dodgers. partment of Defense—which is aimed his ability to see issues from multiple perspectives. He has been a determined Following a stint as a teacher, PETE at securing and destroying weapons of won a seat on the Albuquerque City mass destruction in the former Soviet advocate for an independent point of view, but also a good listener who has Commission in 1966. The next year, we Union—Senator DOMENICI spearheaded often forged compromises that bene- both became mayors of our respective the expansion of the Energy Depart- fited our Nation. cities: PETE served Albuquerque as I ment’s involvement in safeguarding For the last 9 years, CHUCK has sat served Indianapolis. After 6 years in nuclear material. He also was an effec- tive advocate for the role of our Na- next to me through hundreds of For- the Albuquerque City Hall, he became eign Relations Committee hearings and tional Laboratories in nonproliferation the first Republican to win a Senate meetings. I greatly enjoyed the oppor- work. Scientists from the National seat from New Mexico in 38 years. tunity to exchange ideas with him, to I entered the Senate in 1977, 4 years Laboratories have been on the compare perspectives on our witnesses, after PETE. By that time, he already frontlines of our engagement with the and to develop common approaches to was recognized as a leading Republican brain trust of the Soviet nuclear pro- problems. He was always candid and authority on the budget process. I gram. PETE understood the unique skill thoughtful in both his public state- looked to PETE as a mentor on the in- set possessed by our laboratories, and ments and his private advice. he made sure that they were well fund- tricacies of the Federal budget, and he He understands that the world’s prob- ed and authorized to implement numer- graciously tutored me on both sub- lems are our problems; that our eco- ous nonproliferation projects. Senator stance and process. Year after year, as nomic health is tied to the prosperity DOMENICI also joined with Senator the lead Republican on the Budget of the rest of the industrialized world; Nunn and me to pass the Nunn-Lugar- Committee, PETE was indispensible as that the cleanliness of our environ- Domenici Act of 1997. Long before Sep- floor manager of the budget resolution. ment is deeply affected by the environ- tember 11, 2001, this legislation was Frequently, when the Senate lost its ments of those even beyond our con- working to improve the capabilities of way during a difficult budget debate, tinent; and that our access to global local and State first responders, espe- Senator DOMENICI functioned as a natural resources and energy supplies cially with regard to weapons of mass touchstone to bring the debate back to depends on maintaining stable condi- destruction attacks. The experience, sober reflection and verifiable statis- tions in some of the most volatile re- awareness, and structure established tics. I doubt the Senate will ever expe- gions on Earth. In a ‘‘Memo to the Can- by this program have been valuable to rience a leader who has a more detailed didates’’ written last summer, he un- our Nation’s post-9/11 homeland secu- command of the budget process and derscored the interconnected nature of rity efforts. who could explain it with greater clar- our world, saying: ity. The Senate will miss deeply Senator America’s long-term security interests are It is telling that even though PETE DOMENICI’s experience displayed over 36 directly connected to alliances, coalitions, derived much annual power from his years. He will be remembered as a international institutions, and our standing roles as Budget chairman and Appro- workhorse able to shoulder the daily in the world. The next President will have to priations subcommittee chairman, this burdens of a thousand details, but also reintroduce America to the world in order to status did not dissuade him from pro- as a thoughtful observer who saw be- regain its trust in our purpose as well as our posing a reform idea that implicitly yond the politics of the moment to pro- power. would reduce his opportunities to exer- vide perspective on the direction of our CHUCK contributed greatly in recent cise this authority—namely a 2-year country. I wish my good friend the best years to the committee’s efforts to im- budget cycle. I have always been im- as he leaves the Senate to experience prove our Government’s stabilization pressed by his embrace of this idea, and new adventures with his family. and reconstruction capacity, to elevate his endorsement influenced my own CHUCK HAGEL the priority of energy diplomacy, to fa- support for a 2-year budget process. Mr. President, I wish to take this op- cilitate NATO expansion, to reauthor- Senator DOMENICI’s advocacy went portunity before the 110th Congress ad- ize the PEPFAR program, to prevent against standard expectations that journs to honor our distinguished col- the proliferation of weapons of mass

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.025 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10631 destruction, and to safeguard the inter- fense policy accomplishment of the presentation at the Senate Wednesday national environment. last three decades. In the Senate, he prayer breakfast after I had been a I have greatly appreciated his per- has been a steadfast supporter of the member for a short period of time. I sonal friendship and thoughtful re- well-being of the American soldier, chose to talk about a new edition of membrances of events in my public and sailor, and airman. I know that not a the New Testament which had been private life. My entire office benefited day goes by that he does not devote published by a friend, Irwin Borowsky from his personal generosity in 2001 thought to how he can contribute to of Philadelphia. The text omitted all when the Senate endured the anthrax improving our Armed Forces and mak- references which might have been in- attack. My staff and I were displaced ing our country more secure. It was a terpreted to be critical of Jewish peo- from our office for more than 3 months. special pleasure for me to have chaired ple in connection with the crucifixion. Senator HAGEL stepped forward and of- the Foreign Relations Committee dur- fered us a large room in his suite in the I made the point that these ref- ing a 4-year period from 2003 to 2007 erences had caused young Jewish boys Russell Senate Office Building, which when JOHN was chairing the Armed became the nerve center of my Senate to be beaten up in some communities Services Committee. I believe relations on Christian religious holidays moti- office while we were displaced. Senator between the two committees became HAGEL’s thoughtfulness allowed us to vated by the anti-Jewish comments in stronger during this time, as we co- the Bible. My theme was sharply, real- continue operations during this dif- operated closely on arms control mat- ficult period. ly vehemently, opposed by some Sen- ters, policies toward Iraq and Afghani- I will greatly miss CHUCK’s presence ators at the breakfast. PETE DOMENICI in the seat next to me at committee stan, arms sales, and many other mat- then supported my contention reciting hearings, and I know that the Senate ters. some of the barbs, insults and worse My friendship with JOHN has been as a whole will miss his wisdom and which had been inflicted on Italians. strengthened by our mutual member- well-deserved reputation for humor. ship in the Beta Theta Pi Fraternity, When PETE told me of his plan to re- But I have no doubts that he will en- tire because he thought he was failing, counter other opportunities to serve and I was privileged to participate in the awarding of Beta’s Oxford Cup to I urged him to make a full disclosure of the United States. His counsel on for- his medical condition to his constitu- eign and defense policy will be sought Senator WARNER in April 2008. The award ceremony and dinner took place ents but to stay on. I told him of a con- out by Members of Congress and Presi- versation I had with Senator Paul dential administrations for many years in the Foreign Relations Committee hearing room, and this was a wonderful Tsongas in 1984 when Tsongas had an- to come. I look forward to many in- nounced his intent to retire because he sightful conversations with my friend opportunity for us to share experiences with other Beta members. had lymphoma, as I recall it. Since the and to witnessing all that he will medical evidence suggested Paul might achieve in the future. It is difficult for me to imagine the Senate without JOHN WARNER. He loves well serve out his term, I urged him to JOHN WARNER stay on, leaving the voters to decide Mr. President, I am pleased to join this institution, and he derives great satisfaction from both its collegial na- after making full disclosure as to his with other Senators in honoring our medical condition. Paul Tsongas felt distinguished colleague, JOHN WARNER, ture and the daily opportunities Sen- ators have to improve life in the otherwise and elected to leave. He not who will be retiring at the end of the only could have served his full term 110th Congress. When he steps down, United States. Senator WARNER leaves the Senate through 1990 but then became a can- Senator WARNER will have the distinc- after 30 years, having established a le- didate for the Democratic nomination tion of being the second longest serving for the Presidency in 1992. After telling Senator in Virginia’s history. He gion of friendships and a memorable legacy. We will miss his kindness, his him about the Tsongas situation, PETE stands as an example of the type of stuck by his decision. In recent days, temperament, foresight, and dedication steadiness, and his unfailing confidence Senator DOMENICI has looked stronger that the Founders envisioned when in the United States. Even as we will than ever but I totally respect his deci- they created the Senate. For the past miss seeing our friend every day, we sion, saying only that we will miss him 30 years it has been my privilege to know that JOHN will be blessed by the very much. serve with JOHN WARNER. During that opportunity to spend more time with time, we have shared a common com- his family. I am sure that he will con- JOHN WARNER tinue to serve the public, and I join the mitment to the national security of Senator JOHN WARNER’s retirement is the United States. We have worked to- Senate in wishing him all the best as he moves on to new adventures. a great loss to the Senate. He brought gether on innumerable issues, and I to this body in 30 years of service wit, PETE DOMENICI have witnessed with admiration his wisdom and gallantry. An old-style Mr. SPECTER. Mr. President, the de- strong character, his intellectual inde- Southern gentleman, Senator WARNER parture of Senator PETE DOMENICI will pendence, and his unfailing devotion to held a unique position as the Senate deprive the Senate of our foremost ex- public service. squire. His experience in military mat- pert on energy and budget legislation, Even before JOHN was elected to the ters going back to his sailor days in For 36 years, I have enjoyed and United States Senate, he had distin- World War II, to Secretary of the Navy learned from PETE’s frequent presen- guished himself in service to our coun- in 1972, and Chairmanship of the Armed try. He joined the U.S. Navy before his tations in our Republican Senators’ Services Committee, made him a pre- 18th birthday and went on to serve hon- caucus meetings. eminent figure in the Department of orably in World War II. After college His chairmanship of the Budget Com- Defense legislation. When Senator and before he was able to complete law mittee during the Reagan administra- WARNER made a recommendation on school, he returned to the military as tion led to sensible economies in Fed- defense matters, his word carried great an Active Duty marine during the Ko- eral spending which have not since weight. rean conflict. After his service, JOHN been duplicated. If his comprehensive came home to complete law school. ideas on energy had been followed, the Some of my fondest recollections of Subsequently he worked as a Federal United States would long ago have JOHN WARNER come from the squash prosecutor and private lawyer. Presi- shed its dependence on foreign oil. court where we regularly engaged until dent Nixon appointed JOHN to be Under Through it all, PETE has been a most he said his knees wouldn’t take the Secretary of the Navy, and he went on congenial colleague. Always smiling, twists or turns any longer although he to be Secretary of the Navy from 1972 always helping, PETE has constantly continued to be an avid tennis player. to 1974. When he was elected to the been available to offer guidance to In a squash match more than 20 years Senate in 1978, he was extremely well Members not as well-versed on his ago, I sustained a serious gash under prepared to take on the role of a Sen- areas of specialty. Enormously popular my left eye requiring six stitches for ator and to contribute greatly to the in New Mexico, it is understandable closure. At that time, I had read about national security of our Nation. why he is called ‘‘Saint Pete.’’ a Washington hockey player who sus- Senator WARNER has played a promi- Senator DOMENICI came to my rescue tained an eye injury but came back im- nent role in almost every major De- when I was called upon to make the mediately to play with headgear and a

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.012 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10632 CONGRESSIONAL RECORD — SENATE November 19, 2008 plastic cover over the face. I secured record shows, his legal challenges well off they and their families will be when one the same day of my injury and was within his rights, enabled him to stay they have to depend on those savings. back on the squash court the next day. through the conclusion of the 110th The successes we enjoyed in getting JOHN claims responsibility, perhaps, Congress. some of our ideas included in the Pen- credit for inflicting the wound. Memo- Since that event, he has weathered sion Protection Act of 2006 led to more ries fade after a couple of decades, but the storm, conducted himself with dig- ambitious proposals to address the spe- my recollection is that Senator Bob nity on his official duties and made a cial retirement savings and income Packwood was the malefactor, al- real contribution to the Senate. It was needs of women and older workers. And though I never challenged JOHN’s reci- definitely in the interests of his Idaho GORDON SMITH was the first to join the tation because he seemed to enjoy it so constituents and the Senate for him to effort to promote lifetime income in- much. stay on and complete his term. struments as a response to longevity advances, which constitute the great- Some of our longest discussions oc- CHUCK HAGEL est threat to the retirement income se- curred in the Senate gym where we Senator CHUCK HAGEL’s intellectu- curity of the baby boom generation. would talk while awaiting our turn on alism and independence will be sorely the massage table. He would always In view of the economic situation the missed in the Senate. CHUCK HAGEL’s country now faces, the efforts that say we came at about the same time al- service in Vietnam, where he earned Senator SMITH and I began must con- though he was precise to assert his 2 military decorations and honors in- years’ seniority. tinue. I sincerely regret that he will cluding two Purple Hearts, has given not be my primary partner on this Senator WARNER was a help to me him special standing on key defense even before I became a Senator when agenda in the 111th Congress. I cer- issues. With that background, he en- tainly hope that he will continue to he and his new bride, Elizabeth Taylor, joys a sort of immunity from a charge were the star attractions at a fund- use his influence and intelligence to of being soft on defense and his views keep the focus on this clear national raiser for me in New York City. are more closely followed. Senator George Mitchell tells an in- priority. Senator HAGEL will be especially teresting story about Senator WARNER. Finally, I want to salute Senator missed by the few Republican mod- Senator Mitchell recalls a filibuster SMITH for the character of his service erates who were encouraged by his where cots were set up in the Senate to his State, this body, and to the Na- independence. Marble Room where Mitchell was feel- tion. He is the kind of deliberate, open- My sense is that CHUCK HAGEL will ing sorry for himself about giving up a minded, and thoughtful public servant stay in public life in one form or an- lifetime appointment as a Federal the Founders must have had in mind other, but I would have preferred to judge then becoming a Senator and when they conceived the Senate. We have seen him stay in the Senate to wasn’t too happy about the all-night will truly miss this distinguished gen- promote the resurgence of moderation sessions. As George put it, he was tleman from Oregon. within the Republican ranks and bipar- stumbling his way through the cots ELIZABETH DOLE tisanship extending across the aisle for during the 1980 filibuster all-nighter Mr. President, I rise today to ac- important legislation. when he stumbled across newly wed knowledge my colleague from North WAYNE ALLARD JOHN WARNER snoring on one of the Carolina, Senator ELIZABETH DOLE, cots. George commented that JOHN was The Senate Appropriations Com- who will be leaving this body after giving up more than he was so it wasn’t mittee, as well as the Senate generally, serving the people of North Carolina so bad after all. will miss Senator WAYNE ALLARD. for the past 6 years. Senator DOLE and I have had the op- My speculation is that Senator WAR- WAYNE has been a strong voice for fis- portunity to work together on various NER will be called back for more public cal responsibility. His background as a service because he still has a lot of veterinarian has provided an inter- issues important to the future of our vim, vigor and vitality, but we will esting dimension beyond members who nation. Senator DOLE has been a strong advocate for the interests of not only sorely miss him in the Senate. have legal, business, or academic back- grounds. her State, but the U.S. in general. LARRY CRAIG For example, just recently, Senator LARRY CRAIG has made significant Senator ALLARD has led by example, demonstrating his frugality by return- DOLE and I worked together to pursue contributions to the Senate during his a more sustainable energy policy for three terms. He has been a leader on ing more than $4 million in unspent of- fice funds to the U.S. Treasury since our country. One of our goals was to energy, agriculture policy and veterans transition new vehicles to an alter- affairs. During the debate on immigra- being elected to Congress. In retiring after two terms, he has stuck by his native source of energy by 2020 and re- tion, he was a forceful spokesman for a duce our dependence on foreign oil. guest farm workers program. When we commitment on term limits. My per- sonal preference would have been for This commitment to improving the na- next take up important subjects, his tion is what defined Senator DOLE’s leadership will be missed, WAYNE to stay on because, building on his experience, he would have made ad- tenure in the Senate. I worked with him closely on vet- Senator DOLE has also been active on ditional significant contributions to erans affairs where he chaired that agricultural issues. Because both of our the benefit of his State, Colorado, and committee after I moved from chair- States have a strong agricultural sec- the Nation. man there to chair the Judiciary Com- tor in our economy, this issue is very mittee. His leadership on a Codel to the GORDON SMITH important to our constituents. From World War II battlefields in France Mr. CONRAD. Mr. President, when a her time on the Senate Agricultural over Memorial Day 2006 was particu- departing colleague has been a strong Committee early in her Senate career larly noteworthy. Our visits to U.S. working partner as well as a friend, through the farm bill recently, Senator cemeteries in France and inspection of saying good-bye is not easy. I have had DOLE has consistently looked out for the Normandy beaches were memo- the pleasure of serving on several com- the North Carolina farming community rable. mittees with GORDON SMITH over the and the farming industry itself. I was glad to see LARRY finish out his course of his career. We have sat across Senator DOLE has had a long career full third term after the incident at the the dais from each other at the Budget of public service. She served as Sec- Minneapolis airport. When I heard the Committee, the Indian Affairs Com- retary of Transportation under Presi- recording of the police officer’s ques- mittee, and the Finance Committee. dent Reagan and Secretary of Labor tioning him, I immediately thought I am proud of what Senator SMITH under President George H.W. Bush. that there was insufficient evidence of and I have been able to accomplish in This gave her the distinction of being wrongful conduct. I heard the reports promoting savings and capital preser- the first woman to serve in two dif- that he planned to resign at the end of vation for people in their retirement ferent Cabinet positions during two dif- September 2006 and called him to sug- years. He recognized a long time ago ferent administrations. She also served gest that he modify his public state- that the sooner workers begin saving as the president of the American Red ment to allow for reconsideration of for retirement—and the longer they Cross, heading one of the largest hu- that decision. He did so, and as the sustain that commitment—the better manitarian organizations in the world.

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.010 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10633 This list of accomplishments under- current level revenues are above the tion. As a result, the enclosed current level scores Senator DOLE’s commitment to budget resolution by $3 billion. report excludes these amounts (see footnote serving the public at large. I ask unanimous consent that the 2 of Table 2 of the report). Again, I have appreciated the oppor- letter and accompanying tables from Sincerely, ROBERT A. SUNSHINE tunity to work with Senator DOLE and CBO be printed in the RECORD. There being no objection, the mate- (For Peter R. Orszag, Director). wish her well as she leaves the Senate. Enclosure. rial was ordered to be printed in the f RECORD, as follows: TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- U.S. CONGRESS, ING AND REVENUES FOR FISCAL YEAR 2008, AS OF BUDGET SCOREKEEPING REPORT CONGRESSIONAL BUDGET OFFICE, OCTOBER 1, 2008 Mr. CONRAD. Mr. President, I rise to Washington, DC, November 19, 2008. Hon. KENT CONRAD, [In billions of dollars] submit to the Senate the budget Chairman, Committee on the Budget, scorekeeping report for fiscal year 2008 Current U.S. Senate, Washington, DC. Budget res- Current level over/ prepared by the Congressional Budget DEAR MR. CHAIRMAN: The enclosed report olution 1 level 2 under (¥) Office pursuant to section 308(b) and in shows the effects of Congressional action on resolution the fiscal year 2009 budget and is current aid of section 311 of the Congressional ON-BUDGET through October 1, 2008. This report is sub- Budget Act of 1974, as amended. This is Budget Authority ...... 2,456.2 2,451.0 ¥5.2 my final report for fiscal year 2008. mitted under section 308(b) and in aid of sec- Outlays ...... 2,437.8 2,435.3 ¥2.4 tion 311 of the Congressional Budget Act, as Revenues ...... 1,875.4 1,878.4 3.0 This report shows the effects of con- amended. gressional action through October 1, OFF-BUDGET The estimates of budget authority, out- Social Security Outlays 3 ...... 463.7 463.7 0.0 2008. Since my last report, dated Sep- lays, and revenues are consistent with the Social Security Revenues ...... 666.7 666.7 0.0 technical and economic assumptions of S. tember 12, 2008, the Congress has 1 S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year cleared and the President has signed Con. Res. 70, the Concurrent Resolution on 2009, assumed $108.1 billion in budget authority and $28.9 billion in out- P.L. 110–329, the Consolidated Security, the Budget for Fiscal Year 2009, as approved lays for overseas deployment and related activities. The Supplemental Appro- by the Senate and the House of Representa- priations Act, 2008 (P.L. 110–252) designated funding for these activities Disaster Assistance, and Continuing as an emergency requirement, pursuant to section 204(a) of S. Con. Res. tives. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such Appropriations Act, 2009. The esti- Since my last letter, dated September 11, emergency amounts are exempt from the enforcement of S. Con. Res. 70. mates of budget authority, outlays, 2008, the Congress has cleared and the Presi- Since current level totals exclude the emergency requirements enacted in dent has signed the Consolidated Security, P.L. 110–252 (see footnote 2 of table 2), budget authority and outlay totals and revenues used in this report are specified in S. Con. Res. 70 have also been reduced for purposes of com- consistent with the technical and eco- Disaster Assistance, and Continuing Appro- parison. nomic assumptions of S. Con. Res. 70, priations Act, 2009 (Public Law 110–329). Divi- 2 Current level is the estimated effect on revenue and spending of all leg- sion B of the act provided $22.9 billion for islation, excluding amounts designated as emergency requirements (see the 2009 budget resolution. footnote 2 of table 2), that the Congress has enacted or sent to the Presi- disaster relief and recovery for 2008; the en- dent for his approval. In addition, full-year funding estimates under current The estimates show that current tire amount was designated as an emergency law are included for entitlement and mandatory programs requiring annual level spending is below the budget reso- requirement pursuant to section 204(a) of S. appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, lution by $5.2 billion for budget author- Con. Res. 21. Amounts so designated are ex- which are off-budget, but are appropriated annually. ity and $2.4 billion for outlays while empt from enforcement of the budget resolu- SOURCE: Congressional Budget Office. TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF OCTOBER 1, 2008 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted 1 Revenues ...... n.a. n.a. 1,879,400 Permanents and other spending legislation ...... 1,441,010 1,394,887 n.a. Appropriation legislation ...... 1,604,649 1,635,118 n.a. Offsetting receipts ...... ¥596,805 ¥596,805 n.a.

Total, Previously enacted ...... 2,448,854 2,433,200 1,879,400 Enacted this session: Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ...... 0 7 0 Medicare Improvements for Patients and Providers Act of 2008 (P.L. 110–275) ...... 1,942 1,924 1 Housing and Economic Recovery Act of 2008 (P.L. 110–289) 2 ...... 203 203 ¥968 Higher Education Opportunity Act (P.L. 110–315) ...... ¥10 0 0

2,135 2,134 ¥967 Total Current Level 234 ...... 2,450,989 2,435,334 1,878,433 Total Budget Resolution 5 ...... 2,564,237 2,466,678 1,875,401 Adjustment to the budget resolution for emergency requirements 6 ...... ¥108,056 ¥28,901 n.a.

Adjusted Budget Resolution ...... 2,456,181 2,437,777 1,875,401 Current Level Over Budget Resolution ...... n.a. n.a. 3,032 Current Level Under Budget Resolution ...... 5,192 2,443 n.a. SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. 1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (P.L. 110–191), Ensuring Continued Access to Student Loans Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Food, Conservation, and Energy Act of 2008 (P.L. 110–234), SAFETEA-LU Technical Corrections Act of 2008 (P.L. 110–244), and Heroes Earnings Assistance and Relief Act of 2008 (P.L. 110–245). 2 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2008, which are not included in the current level total, are as follows: Budget authority Outlays Revenues

Supplemental Appropriations Act, 2008 (P.L. 110–252) ...... 115,808 35,350 n.a. Housing and Economic Recovery Act of 2008 (P.L. 110–289) ...... 4,106 187 n.a. Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L. 110–329) ...... 22,859 0 n.a.

142,773 35,537 n.a. 3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 The scoring for P.L. 110–318, an act to amend the Internal Revenue Code of 1986 to restore the Highway Trust Fund, does not change current level totals. P.L. 110–318 appropriated approximately $8 billion to the Highway Trust Fund. The enactment of this bill followed an announcement by the Secretary of Transportation on September 5, 2008, of an interim policy to slow down payments to states from the Highway Trust Fund. The Congressional Budget Office estimates that P.L. 110–318 will reverse this policy and restore payments to states at levels already assumed in current level. Thus, no change is required. 5 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: Budget authority Outlays Revenues

Original Budget Resolution ...... 2,563,262 2,465,711 1,875,392 Revisions: For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ...... ¥950 ¥950 0 For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ...... 0 0 8 For adjustment to debt service for the SPR and Heroes acts (section 323(d)) ...... ¥7 ¥7 0 For the Medicare Improvements for Patients and Providers Act of 2008 (sections 221(f) and 227) ...... 1,942 1,924 1 For the Higher Education Opportunity Act (section 222) ...... ¥10 0 0

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Budget authority Outlays Revenues

Revised Budget Resolution ...... 2,564,237 2,466,678 1,875,401 6 S. Con. Res. 70 assumed $108,056 million in budget authority and $28,901 million in outlays for overseas deployment and related activities. The Supplemental Appropriations Act, 2008 (P.L. 110–252) designated funding for these ac- tivities as an emergency requirement, pursuant to ’section 204(a) of S. Con. Res. 21. Such emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the emergency requirements enacted in P.L. 110–252 (see footnote 2), budget authority and outlay totals specified in S. Con. Res. 70 have been reduced for purposes of comparison. SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law.

HONORING OUR ARMED FORCES World Wildlife Fund, WWF, announced have complained about the Senate CORPORAL SCOTT DIMOND an agreement between the 10 provincial committee’s action have suggested Mr. GREGG. Mr. President, I rise governors of Sumatra to protect bio- that it was motivated by an antipathy today to honor Cpl Scott Dimond of diversity on the world’s sixth largest towards the MCC and a desire to close Franklin, NH. On Monday, October 13, island. Although long overdue, this is it down or dramatically curtail its 2008, Corporal Dimond was tragically an important first step towards con- functions. That is incorrect. servation of a unique habitat at a crit- taken from us when his vehicle struck To begin with, we have commended an improvised explosive device and his ical time. Sumatra is the only place on Earth the MCC for what it has accomplished patrol was engaged in small-arms at- since its inception 4 years ago. Several tack in Kandahar, Afghanistan. My where tigers, elephants, rhinos, and compacts are beginning to show tan- deepest sympathy, condolences, and orangutans co-exist. It has also gained gible results, including the implemen- prayers go out to Scott’s family and a reputation for having lost almost loved ones who have suffered this half of its natural forest cover since tation of agriculture, infrastructure grievous loss. At 39 nine years old, 1985. The rapid expansion of palm oil and other projects. Ambassador John Scott will always be remembered as a and pulpwood plantations, as well as Danilovich, the MCC’s CEO, has been a dedicated citizen who consistently put rampant illegal logging, have been strong leader at a critical time, and I others before himself. largely to blame. These activities have commend him as well as deputy CEO Scott enlisted in the U.S. Marine contributed to the precipitous decline Rodney Bent. They have both done a Corps during his senior year in high in numbers of these endangered spe- fine job of representing the MCC, both school but was medically discharged cies, whose habitat has become a here and abroad. after a serious football injury. Still de- patchwork of disconnected small par- Earlier this year, when the sub- termined to serve his fellow citizens, cels of forest. committee was dividing up funds allo- Scott began a career in law enforce- This action to protect the forests is cated to State and Foreign Operations, ment. He served 18 years with the important not only for Indonesia but we faced many difficult choices. Our Franklin Police Department, retiring for the rest of the world. Thirteen per- fiscal year 2009 allocation was $2 billion in 2006 as a sergeant. Upon his retire- cent of Indonesia’s remaining forests below the President’s budget request, ment, Scott’s unwavering determina- grow on peat soil, which emits large and the President underfunded or failed tion to serve others remained. He en- amounts of carbon dioxide into the at- to fund many critical programs of in- mosphere when trees are felled. Fur- listed in the New Hampshire National terest to both Democrats and Repub- ther destruction of these forests will Guard while working toward a degree licans. For example, he cut funding for contribute to global warming at a time as a registered nurse, enabling Scott to family planning/reproductive health by when we should be doing everything assist others in a new way—the health over $100 million below the fiscal year possible to reduce greenhouse gases. care profession. To any observer, 2008 level. He cut the U.S. contribution Scott’s professional pursuits will for- This agreement represents a signifi- to the global fund to fight AIDS, TB ever echo selflessness, sacrifice, and cant change of attitude and policy, for and malaria by $350 million. He short- patriotism, and for that, we are eter- which President Yudhoyono and his changed humanitarian relief programs, nally grateful. government deserve credit. Imple- As a member of an embedded tactical menting the agreement will be dif- peacekeeping, democracy programs, training team, there is no doubt that ficult, requiring additional resources environment and energy programs. Scott’s law enforcement background for alternative economic opportunities There are many other examples. and his willingness to help others suc- for people living in these areas, and for We also considered the fact that Con- cessfully contributed to the mentoring enforcement, and I urge the U.S. Agen- gress had appropriated $7.5 billion for and strengthening of the Afghan army cy for International Development and the MCC, and by July 18 only $235 mil- and police force, accelerating the even- other donors to support it. lion had been disbursed of which a sig- tual return of American military per- f nificant portion was for administrative sonnel from the battlefield. Consistent MILLENNIUM CHALLENGE expenses. While we made clear that we with the rest of his life, Scott rou- CORPORATION were not advocating faster disburse- tinely put his country and his fellow Mr. LEAHY. Mr. President, as Chair- ments, we do not support additional soldiers before himself. Because of his man of the State and Foreign Oper- compacts until more of the funds we devotion and sense of duty, the safety ations Subcommittee, I want to take a have already appropriated produce sus- and liberty of countless Americans is moment to speak about the budget of tainable results. more secure. Unquestionably, Scott is the Millennium Challenge Corporation, Many compacts were slow getting off a shining example of the highest cal- MCC. iber of person that New Hampshire, and of the ground, in some cases because The fiscal year 2009 State and For- the MCC rightly insisted that govern- this country, can produce. We are hon- eign Operations bill, reported by the ored to speak of his contributions, spir- ments make further refinements, or be- Appropriations Committee on July 18, cause the contracting process took it, and dedication. In the words of Dan- 2008, recommends $254 million for the iel Webster—‘‘what a man does for oth- longer than expected. These kinds of MCC. Since this is substantially less delays are predictable and do not re- ers, not what they do for him, gives than the $2 billion requested by the him immortality.’’ May God bless Cpl flect poorly on the MCC. Unfortu- President, it was predictable that the nately, I have heard that some MCC Scott Dimond, his family, and all those Senate committee’s action would cause who are currently serving in uniform. personnel in country are being urged to concerns among the MCC and many of disburse funds more quickly. As we f its supporters, as well as governments have said before, this is not our intent, PROTECTIVE FORESTS AND that seek MCC funding. Those concerns particularly if it risks short-cutting WILDLIFE IN SUMATRA have been expressed and I want to ad- procurement guidelines or other safe- dress them briefly today. While dif- Mr. LEAHY. Mr. President, I want to guards, or otherwise negatively affects take a moment to call attention to the ferences are inevitable in the legisla- the quality of implementation of com- recent action of the Government of In- tive process, it is important that such pacts. donesia to preserve the endangered differences not be based on a misunder- rain forests an ecosystems of Sumatra. standing or confusion about the facts. I do not know what the optimal rate On October 10, 2008, the Indonesian During the past several months, I of disbursement is for the MCC. It may Government, in cooperation with the have heard that some of those who be disbursing funds at the right rate.

VerDate Aug 31 2005 05:25 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.029 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10635 By pointing out the rate of disburse- Senator GREGG and I will be working Outside, cars, trucks, big rigs and package- ment the committee has simply sought with our colleagues in the House. delivery vans frequented the businesses that to explain why, in part, we are unable There are several areas in the State rent space in his buildings. The park rep- to support hundreds of millions of dol- and Foreign Operations bill where the resents just a fraction of the 2 million square lars for new compacts when compacts feet of real estate R.E.M rents, a total that Senate and House positions differ, and makes the company ‘‘the region’s largest that are several years old have only the MCC is one obvious example. Until commercial industrial developer of manufac- disbursed a fraction of their funds. then, I would encourage those who care turing, distribution, warehouse, and flex More time is required to review the ef- about the MCC, as many of us do, to space,’’ it boasts on its Web site. fectiveness of the 18 compacts that al- focus on ensuring that funds already Miller, 73, of Burlington, whose initials ready exist. I am told that the MCC’s appropriated are used effectively. compose his company’s acronym, incor- board of directors will meet in Decem- porates another component into his philos- ber to discuss which additional coun- f ophy: the need for philanthropy, for busi- nesses to give back to their communities. He tries will be eligible to apply for com- TRIBUTE TO BOB MILLER pact funding in fiscal year 2009. Since has donated money and construction services Mr. LEAHY. Mr. President, I rise to hospitals, exposition centers and youth we will not have a final fiscal year 2009 today to recognize the great achieve- recreational facilities, among many others. funding level for the MCC until late Miller and his wife, Holly, give what they January at the earliest, I urge board ments of a wonderful Vermont busi- nessman, Bob Miller, president of call the ‘‘three Ts’’—time, talent and treas- members to act judiciously and to keep ure. in mind that eligibility does not assure R.E.M. Development Company in ‘‘It’s kind of fun to take on one of these that a compact will be funded. Williston. projects and stand back and say, ‘We really The many competing demands placed Bobby started R.E.M. Development helped this neighborhood,’ ’’ Miller said. ‘‘It’s on the State and Foreign Operations in 1984, and over the last quarter cen- a great way to get your name out. There are Appropriations bill will only increase tury, the company has grown to be- rewards for philanthropy. People know come one of Vermont’s largest com- you’re out in the community giving back over the next few years, given the glob- and not just taking, taking, taking. That’s al financial crisis, which will have di- mercial real estate developers. While it is hard to travel around Vermont with- not why we do it—we do it because we want rect and indirect consequences for the to—but there is that relationship in getting world’s poorest countries. We also ex- out running into one of Bobby’s involved.’’ pect to be asked to increase funding for projects, his lifelong commitment to Those components of Miller’s work, the international HIV/AIDS programs due bettering his community is both admi- successful company and the devotion to phi- to the recent PEPFAR reauthorization. rable and commendable. lanthropy, led to two awards he received last The MCC is a new and innovative Bobby recently received two special week. form of assistance, and we want it to awards for his outstanding business The Lake Champlain Regional Chamber of Commerce honored R.E.M Development on succeed. I was involved in drafting the practices and devotion to the commu- Tuesday as its large business of the year, cit- authorizing legislation that established nity. Citing ‘‘their determination, suc- ing Miller and the company for ‘‘their deter- the MCC, and I have said many times cess, and philanthropy,’’ the Lake mination, success, and philanthropy.’’ Three that I strongly support the concept of Champlain Regional Chamber of Com- days later, the Vermont Chamber of Com- providing governments with incentives merce honored R.E.M. Development as merce presented Miller its Citizen of the to combat corruption, improve govern- its 2008 Large Business of the Year. In Year Award, also championing his business ance, and address the basic needs of addition, saying that Bobby ‘‘typifies acumen and his good works. their people. If the MCC shows that it the true spirit of service and self-sac- Miller ‘‘typifies the true spirit of service and self-sacrifice in representing the finest can achieve the results we all want, it rifice in representing the finest ideals ideals of Vermont citizenship,’’ the Vermont could become a model for other forms of Vermont citizenship,’’ the Vermont Chamber says on its Web site. ‘‘His commit- of foreign assistance. Chamber of Commerce presented him ment to the prosperity of the people and But we cannot ignore other pressing with its 2008 Citizen of the Year Award. businesses in Vermont reaches statewide.’’ short-term and long-term needs. Some I congratulate Bobby and R.E.M. De- Among Miller’s projects is Burlington’s have claimed that not providing an- velopment for both of these well-de- Gosse Court Armory, an old National Guard other billion dollars for the MCC in fis- served achievements. facility the military donated to the city in cal year 2009 will delay progress toward 2005 for transformation into a community I ask unanimous consent to have a center. long-term development goals. I would November 17, 2008, Burlington Free The city approached Miller about a poten- argue that funding to address the acute Press article about Bobby Miller’s suc- tial contribution after budget estimates ex- personnel shortages at the Department cessful career printed in the RECORD so ceeded available resources. Miller looked at of State and USAID, which the Presi- all Senators can read about a pros- the plans, said he could do the work for dent’s budget largely ignores, is a pri- perous Vermont businessman who con- $500,000 less than the $1.3 million estimate, ority for effective U.S. diplomacy and tinually gives back to his community. and agreed to serve as general contractor. development assistance programs now There being no objection, the mate- Later he wrote a check for $100,000. and in the future. ‘‘It’s really extraordinary to have a devel- rial was ordered to be printed in the oper with his skills and expertise step for- It is also notable that a number of RECORD, as follows: governments that were awarded com- ward to do this for his community,’’ the [From the Burlington Free Press, Monday, city’s chief administrative officer, Jonathan pacts are not performing as expected. Nov. 17, 2008] Leopold, said earlier this year. According to the 2009 Country Score- Sitting in his office last week, Miller field- MILLER ISABUILDER AND A GIVER card Index, 5 of the 8 MCC lower middle ed a phone call from a construction worker income countries that have compacts (By Adam Silverman) at the armory. Without referring to any have failed 8 of 17 indicators. Simi- WILLISTON.—Just about anybody can cre- plans or drawings, Miller helped solve an en- larly, with the reports of systemic ate and run a thriving business when times gineering challenge from memory, delivering voter fraud in the recent Nicaraguan are good. When the economic outlook is precise instructions. Then he drew a sketch gloomier, though, success requires more elections, I am concerned that Presi- on a blank sheet of paper to help an observer careful planning and management. understand the issue: the alignment of bas- dent Ortega’s government may have That’s both a piece of advice from and a ketball hoops and the configuration of lines jeopardized the MCC compact in that guiding philosophy for Bob Miller, president on the gymnasium floor. country. of Williston-based R.E.M Development Co., a Miller’s talent for drawing and engineering The future of the MCC is now up to 24-year-old company that builds and leases came naturally, he said. A Rutland native, the Obama administration, and I ex- commercial real estate. Even with recession Miller thought during high school he wanted pect President-elect Obama will ex- fears spreading, Miller said business is flour- to be a mechanic, but after graduation he plore all options for how the MCC ishing. turned toward engineering. His first job was should by managed and implemented, ‘‘There is always demand,’’ he said last as a draftsman. week while sitting behind his granite-topped He moved to Burlington in 1959 and helped as he will for other Federal programs. desk at an industrial park he owns on Ave- draft electrical plans for the University of However, before major adjustments, if nue D. ‘‘I don’t think there’s a good time or Vermont’s library and Burlington High any, take place, Congress has to finish a bad time to go into business. Either you School; because the money wasn’t great, Mil- the remaining fiscal year 2009 spending have a business plan that’s going to work, or ler also tended bar, he said. In 1972 he started bills. it’s not. Anyone can make it in good times.’’ New England Air Systems, which he ran for

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.042 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10636 CONGRESSIONAL RECORD — SENATE November 19, 2008 a dozen years, and then he sold it to the em- There being no objection, the mate- nedy has served for so long, should do it for ployees and created the company he con- rial was ordered to be printed in the Teddy—and for the American people. It’s tinues to run—with 12-hour days during the RECORD, as follows: time to strike while those stars are aligned. week and seven hours on Saturdays. f ‘‘One of my philosophies is, you’ve got to BARACK OBAMA, LISTEN TO DR. TED make money or you’re not going to be in (By Wayne Woodlief) SPACE business,’’ he said. ‘‘I love the business. I Now’s the time for President-elect Obama Mr. ALLARD. Mr. President, I wish and Congress to seize the moment and enact love the challenge of negotiating. I’m fierce- to address the report to Congress of the ly competitive. I may not look that way, but health care for all Americans. ASAP. I’m a highly competitive guy. But I’m not a Sen. is pressing a new strategy—shaped in Independent Assessment Panel on the sore loser, either.’’ bipartisan meetings—for one consensus bill Organization and Management of Na- Miller is especially happy to see businesses that can be moved swiftly through the Sen- tional Security Space, which was re- ‘‘grow with us,’’ starting out small and ex- ate and the House, perhaps even in Obama’s leased on Tuesday, September 16. The panding as their success increases. R.E.M first 100 days. Institute for Defense Analyses, led by Development, which Miller runs with his Kennedy has courted and listened to allies Mr. A. Thomas Young and a team of six son, Tim, is devoted to helping its tenants, on both sides of the aisle. Sen. Mike Enzi (R– qualified and experienced experts, un- but expects serious effort in return, Miller Wyo.), ranking Republican on the Health said. Care Committee that Kennedy chairs, is dertook this project to provide the ‘‘We try to help people get started. I’m a working with Teddy. And Senate Finance Congress with a comprehensive assess- great advocate of the underdog, because Chairman Max Baucus (D–Mont.) weighed in ment of the state of our national space that’s where I came from,’’ he said. ‘‘We this week with his own ideas on health care; policy, especially as it relates to our want people to make a profit, but they’ve ideas that look a lot like Kennedy’s and like national security and our position as got to work for it, as we do.’’ the Massachusetts universal coverage law the global leader in space. Businesses first must craft a solid, well-re- that Teddy touts as a national model. I raised concerns in 2006 when then- Kennedy said Baucus’ White Paper ‘‘brings searched, thorough, realistic business plan, Secretary of Defense Donald Rumsfeld Miller suggested. Then they must forge rela- us closer to our goal.’’ Especially since the tionships with customers and with vendors, finance committee has to find a way to pay suggested that the commander of Air and develop and maintain a positive reputa- for a law that would cost billions, yet help Force Space Command, based in Colo- tion. That’s helped Miller thrive. tens of millions of struggling citizens, many rado Springs, should be downgraded ‘‘When we really need a product, we can without jobs now, pay their health care bills. from the four-star level to three stars. get that product,’’ he said, referring to crit- That is different from the early 1990s when I reminded the Secretary that space is ical building components. ‘‘People know then-Chairman Daniel Patrick Moynihan’s critical to our Armed Forces; that they will get paid. We don’t cry wolf every opposition doomed health care reform cham- nearly every military operation we pioned by Kennedy and the Clintons. day, but we do cry wolf from time to time.’’ carry out makes use of assets in space Last, and sometimes of special importance, And Obama—though treading carefully— is for an owner to be able to abandon an un- said recently that health reform is ‘‘priority in one way or another, be it using our successful venture, as he did with a portable- number three,’’ right after the economy and satellites to locate the position of the storage project he launched just before 9/11, energy independence, adding, ‘‘I think the enemy, providing instant communica- even though a stigma can be attached, Miller time is right to do it.’’ tions, or gathering dependable intel- said. Amen. Passage of universal health care ligence. I was pleased the Pentagon ‘‘If you’re successful, everyone thinks would be the capstone on Kennedy’s legacy. opted not to institute this troublesome And Obama owes him. The passing of the you’re a genius. If you fail they think you’re proposal. a schmuck,’’ he said. ‘‘Don’t fall in love with Kennedy torch to Obama by Teddy and niece ’em. Drop ’em if it doesn’t work. You have to Caroline just before Super Tuesday was a Following this episode, I authored be a realist.’’ turning point in Obama’s path to the presi- legislation in the 2007 Defense author- Regardless of the situation, Miller encour- dency. He also owes it even more to all those ization bill to establish a new space ages other business owners to give back. He people to whom he promised relief. commission, similar to the 2001 Com- likes to quote fellow Vermont philanthropist In last Sunday’s Washington Post, Ken- mission to Assess U.S. National Secu- J. Warren McClure, who died in 2004: ‘‘If you nedy wrote, ‘‘it is no longer just patients de- rity Space Management and Organiza- can’t give a dollar, you’ll never give a hun- manding change. Businesses, doctors and tion. I wanted an independent panel of even many insurance companies are demand- dred.’’ space, intelligence, and military ex- ‘‘Give what you can,’’ Miller said. ‘‘We ing it ... The cost will be substantial, but the have an obligation. There are many, many, need for reform is too great to be deflected perts to study, analyze, and make rec- many needs. And you can have a lot of fun or delayed.’’ ommendations to the Congress on the doing it.’’ For those who would say, ‘‘That’s just a current state and future vision of liberal talking,’’ hear this: f America’s national space agenda. This David Blumenthal, director of the Insti- review began last fall, and I am pleased HEALTH CARE REFORM tute for Health Policy for the Partners that it was completed in a timely man- Health Care System and an Obama adviser, Mr. KERRY. Mr. President, I wanted said, ‘‘Some of the largest corporations in ner. to take this opportunity to share with America are struggling to compete in the The panel began their report articu- my colleagues an especially poignant world marketplace because of high health lating what I have always understood and meaningful column that appeared care costs.’’ to be true, that U.S. leadership in in the Boston Herald last week by Rick Umbdenstock, president and CEO of space is paramount to the preservation Wayne Woodlief honoring the efforts the American Hospital Association, said the of our national security. It is key to economic turmoil, coupled with health care’s Senator EDWARD M. KENNEDY has made our lasting ability to ward off modern high costs, ‘‘will likely mean the loss of jobs to enact legislation to provide health and employer-related health coverage ... and and unexpected threats against our care for all Americans—and looking possibly even diminishing access to health homeland or our allies and essential to forward to his leadership on this issue. care services.’’ maintaining our economic superiority As Senator KENNEDY recently said ‘‘It Nancy Nielsen, president of the American in the ever-changing information age. is painfully obvious that our health Medical Association, said, ‘‘The cost of doing Most importantly, the report rein- care system costs Americans too much, nothing is much higher than the alter- forced that space-based technology is costs employers too much, denies too native’’—the scuffling to pay for good care, essential to our intelligence gathering much needed care and leaves out too including preventive care, and dooming mil- and warfighting capabilities. As such, lions to ‘‘live sick and die younger.’’ many Americans.’’ He is right. We need These aren’t socialists. These are people according to the panel, and I agree, up- to take immediate action next year to who work with health care daily and know dating and modernizing our national reform our health care system. I look the crisis it is in. space policy and its related personnel forward to working with Senator KEN- Kennedy has worked behind the scenes to structure must be a top priority. Amer- NEDY to enact broad reform of our craft health reform since Memorial Day, by ica’s willingness and capacity to con- health care system to help every Amer- phone, by e-mail and even by face-to-face tinue to lead in space provides our Na- ican gain access to high-quality, af- meetings despite his illness. He’s back in tion with a priceless strategic advan- Washington, and he’s not slowing down. fordable health care. As soon as Obama takes that oath that tage that will pay dividends for genera- I ask unanimous consent to have the Kennedy’s slain brother took 48 years ago, he tions to come. column to which I referred, printed in should start preaching and working for As a result of their extensive re- the RECORD. health care for all. And Congress, which Ken- search and thorough investigations,

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.003 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10637 the panel uncovered what they believed and within various intelligence agen- the space arena and assigned to see were fundamental structural and orga- cies. Therefore, the panel recommends projects through to completion. These nizational flaws with the Federal Gov- the creation of a National Security types of professionals are critical to ernment’s space sector. Such flaws in- Space Authority that will be respon- the success of our future endeavors in clude major management problems, sible to the Secretary of Defense and space. poor communication among and be- the Director of National Intelligence. Throughout my time in the Congress tween involved agencies, a lack of The proposed arrangement is needed to I have fully supported science-related proper oversight and direction, a lack remedy the ruinous deficiencies in the education. This support includes space, of expert professional personnel, and a current system, including the frequent defense, and national security studies host of others. The panel also recog- inability to reconcile budget priorities as well. For example, I have supported nized a scary reality—space technology and the common failure to ensure that funding requests for the Center for is rapidly proliferating to all corners of innovative acquisition program re- Space and Defense Studies at the U.S. the Earth, and America is not keeping quirements are affordable and inte- Air Force Academy. The mission of up with its space competitors. This grated across military and intelligence this center is to build and define space proliferation, combined with our space space domains. policy studies curriculum for the un- industry bogged down by aging legacy Third, the panel recommends to strip dergraduate cadets. I have long sup- space projects that take vital resources the National Reconnaissance Office and ported the Center for Geosciences and away from newer, more modern the Air Force Space and Missile Sys- Atmospheric Research at my alma projects, has taken its toll on our com- tems Center of their status as tradi- mater, Colorado State University. This petitive edge with China and other tional, independent entities and incor- center is a national resource for the emerging nations. porate their personnel and functions, Department of Defense in the areas of Although some of these and other de- as well as the functions of other parts atmospheric and hydrologic research, ficiencies were recognized and exposed of the Air Force Space Command, into which are both critical to our national by the 2001 Space Commission, drastic a single National Security Space Orga- security. measures to adequately deal with the nization. Under unified leadership, this America needs more engineers, physi- problems uncovered were not proposed organization could allow all the space cists, rocket scientists, mathemati- and undertaken. This panel, however, experts to work more effectively to- cians, and the like. We need them now took an alternate route and rec- gether. The panel recommends this and in the coming decades more than ommended bold proposals to redirect path because it most effectively uti- we ever have in the past. The future of and radically improve our national lizes the scarce talent available to our national security and defense capa- space agenda. The panel recommends, achieve our Nation’s goals in space. bilities rests with our ability to re- and again I agree, that America needs Under this type of organizational cruit, train, and equip more and more a top-to-bottom overhaul to restore the structure, the Government’s space Americans with the critical knowledge vitality of our space programs and re- management team can focus on install- and know-how of the hard sciences. gain and sustain the competitive ad- ing best engineering and acquisition The first step is making this type of vantages afforded the United States by practices, including early systems en- education a top national priority, and our preeminence in space. In no uncer- gineering and cost estimating. I am not it is my hope that America’s future tain terms, the panel outlined a bold sure I agree yet with this recommenda- leaders will do so. new vision for the future of America’s tion, but I think it does warrant seri- Mr. President, I appreciate all four role in space. It laid out four sugges- ous consideration by the Congress. and fully support three of the panel’s tions of significant substance to re- It is true that the continual problem suggestions for the improvement of our structure our approach to space and re- of space acquisition program delays, national space strategy. In my opinion, align our defense, intelligence, and cost overruns, and cancellations has if we fail to act on these recommenda- commercial priorities as they relate to drained resources and caused America tions, we face the possibility that our space. to rely heavily on satellite constella- preeminence in space will erode to the First, it calls for the President to tions that have matured beyond their point at which we will no longer enjoy create and implement a truly national original design lives. This is simply un- a significant competitive national se- space strategy. The President should acceptable, and I think the panel is curity advantage in an all-important announce to the American people that correct when they say that small modi- global arena. he is updating and modernizing Amer- fications to the status quo, which have Along with the American people, I ica’s space program immediately and been proposed time and again in the am indebted to the panel for their hard elevating its priority status to the top past, are not enough. A new and inno- and thoughtful work on this study. tier of the national agenda. vative organizational structure is a Their discoveries and suggestions for The panel recommends the President good idea, but the details of the panel’s improvement are invaluable. It is my reestablish the National Space Council third recommendation need to be vet- hope that the next Congress and the in the Executive Office of the Presi- ted before I can lend my full support. next administration will take a serious dent, under the leadership of the Na- Finally, the panel suggests that the look at this study and craft an aggres- tional Security Advisor, to implement intelligence community and each of sive and coherent strategy for Amer- the new strategy and coordinate its ac- the military branches adopt and exe- ica’s future presence in space. tivities with the Department of De- cute strategies for identifying, select- f fense, the intelligence community, ing, educating, training, and managing COLORADO DRUG INVESTIGATORS NASA, and other responsible agencies. a sufficient number of Government ex- ASSOCIATION This will provide one of the President’s perts and professionals to support the top advisers with the power to assign country’s space acquisition obliga- Mr. ALLARD. Mr, President, responsibilities, set priorities, and tions. The careers of these space acqui- throughout the past 3 years the Colo- break through the barriers to coopera- sition and technical professionals rado Drug Investigators Association, tion that have stymied progress on key should be designed and administered so DIA, has united peace officers and space programs in the past. that they can provide continuity for other professionals who share a com- Second, the panel believes that no the execution of long-term projects, mon interest in illegal and illicit drug one is really in charge of the national while remaining eligible and competi- enforcement. Through the leadership of space agenda. They discovered that in tive for career advancement. State president Ernest Martinez, State the midst of so much bureaucracy and It is unrealistic to expect that we can vice president, Jerry Peters, regional competing authorities, regrettably modernize our space strategy and suc- vice presidents David Arcady, Rick there has been no one at the helm. This ceed in developing complex space sys- Needham, Brian Roman, Rob Pride, needs to change. tems without enough technically capa- Kevin Hathaway, at-large members The authorities and responsibilities ble and sufficiently experienced Gov- Janelle Crain, Mechele Berge, Sandra for all Government space programs are ernment scientists, engineers, and ac- Evans, Rick Millwright, Gary Graham, spread widely throughout the Pentagon quisition experts that are immersed in Kelly Horton, Jim Welton, Francis

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.004 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10638 CONGRESSIONAL RECORD — SENATE November 19, 2008 Gonzales, and Ron Hollingshead, the I am glad Congress succeeded, fi- and the way ahead in Iraq and Afghani- Colorado Drug Investigators Associa- nally, this year in raising the min- stan, there is one thing that is not de- tion continues to unite into one orga- imum wage to $6.55, to help our work- batable, and that is the courage and nization all Colorado peace officers and ing families. Increasing the minimum valor of our troops. Today, I wish to individuals committed to protecting wage so it is a living wage is something honor one of those brave troops, MSgt the State from all drug-related crime. I have advocated since 1998, and now all Brendan O’Connor, a medic in the Spe- This organization provides comprehen- of our workers will get the increase cial Forces of the U.S. Army. sive counternarcotics training for all they need and deserve to help make Master Sergeant O’Connor distin- members in all aspects of drug enforce- ends meet in this struggling economy. guished himself by extraordinary her- ment and continues to educate and rec- This Labor Day I am especially aware oism in action during a fierce battle in ommend legislation favorable to effec- of the need to change the direction of Kandahar Province, Afghanistan, when tive drug enforcement in Colorado. It our country and that has to start with his small detachment engaged an esti- recognizes the critical importance of turning around our economy. It is un- mated 200 Taliban fighters on June 24, information exchange and actively fa- fair for hard-working Americans to 2006. For his heroism, Master Sergeant cilitates this communication between have to deal with stagnant wages and O’Connor, who held the rank of ser- members of the association on the rising costs for gas, food, and health geant first class at the time of the bat- movements of drug violators and new care with no help. The minimum wage tle, was honored with the Nation’s sec- and innovative techniques used by ei- will continue to rise until it reaches ond highest award for valor, the Distin- ther the criminals or law enforcement. $7.25 in 2009. guished Service Cross. In addition, the Colorado Drug Inves- These workers are the heart and soul After awarding the Distinguished tigators Association, through cultural, of West Virginia. Opportunities do not Service Cross to Brendan, ADM Eric legislative, political, fraternal, edu- come easily to them. They work hard Olson, the head of U.S. Special Oper- cational, charitable, welfare and social every day to get the things they need ations Command, hailed the contribu- activities, fosters an atmosphere of co- for their families—gas, school supplies, tions of the Army’s Special Forces and operation and information sharing and maybe new sneakers or a pair of said, ‘‘Master Sergeant Brendan O’Con- among all law enforcement in Colo- jeans for the next school year. Before nor exemplifies the spirit of these war- rado, private industry and the public. I the rise of unions, we did not enjoy a riors.’’ believe the CDIA represents a valuable 40-hour work week, the benefits of So- Leading a quick reaction force during tool in the fight against drug-related cial Security, or the right to organize. a mission against Taliban leaders, Mas- crime and express my appreciation to But West Virginians always fought for ter Sergeant O’Connor and his team all association members for their com- the American dream. They have a high found themselves outnumbered and mitment to the safety and security for surrounded by hundreds of Taliban regard for quality and strive for excel- the citizens of Colorado. fighters in one of the most hotly con- lence in everything that they do. In an tested areas of Afghanistan. After f unfortunate Forbes survey, West Vir- calmly maneuvering his force through LABOR DAY ginia was listed as one of the least de- enemy Taliban positions, Master Ser- sirable states in which to do business. Mr. ROCKEFELLER. Mr. President, geant O’Connor crawled over 150 yards But that is only because some compa- Labor Day is our opportunity to cele- alone through enemy machine-gun fire nies do not yet know the men and brate the millions of American workers across an open field to rescue two women that make up West Virginia’s who have given, and continue to give, wounded comrades. Rallying and moti- workforce; they do not realize that so much of themselves to make our Na- vating his severely outnumbered team tion great. I am happy to have had the West Virginia’s future and potential is throughout a day-long battle, he saved opportunity to celebrate this Labor about more than just coal. They do not the lives of 21 soldiers and prevented Day in Racine, WV, with many old see the small business owners, the his detachment’s destruction while in- friends. Today, on the holiday espe- nurses and doctors, the educators, the flicting heavy casualties on the enemy. cially devoted to the social and eco- entrepreneurs, the manufacturers, and The heroism of Brendan O’Connor nomic achievements of the American artists who keep our State moving and and his team in Afghanistan received workforce. I would like to thank all of make it so special. They must not have national media attention on the CBS the miners, teachers, nurses, service heard that companies from all over the News program ‘‘60 Minutes,’’ which technicians, firefighters, police, repair- world such as DuPont, Union Carbide, aired a segment on April 20 of this men, and all those who dedicate their and Phone Poulenc have put plants in year, ‘‘Ambush in Afghanistan.’’ lives to making their communities and West Virginia and tapped into our dedi- Brendan O’Connor comes from a long their country a better place. As sum- cated work force. Northrop Grumman, and distinguished family history of mer is winding down and children are MPL Corporation, Orrick, Herrington, military service to our Nation, with preparing to go back to school, we and Sutcliffe, that’s the real West Vir- deep roots in the U.S. Army and at should all take a moment to appreciate ginia—with a bright future fueled by West Point. Brendan’s father, LTC what working Americans do for us. all its abundant resources, the most Mortimer O’Connor, who graduated Honest, hard-working people, with precious of which are the men and from West Point in 1953, was killed in the core American values of faith and women of our workforce. Our Toyota action in Vietnam in 1968 while leading family, are what make West Virginia plant is the fastest growing plant in men into battle as commander of the such a wonderful place to live and call the history of Toyota Motor Company. 1st Battalion, 2nd Infantry, in the home. Miners work long shifts, miles It has been named the plant with the famed ‘‘Big Red One,’’ the oldest con- under the ground, often in tight spaces most productive workers in all of tinuously serving division in the U.S. with frigid water up to their knees, to North America 5 years in a row. This is Army. get the coal that provides 50 percent of a testament to West Virginia employ- A true ‘‘warrior-poet’’, Mort O’Con- our Nation’s electricity. Yet people ees’ unmatched work ethic. nor was not only decorated several rarely think of that when they flip on As we celebrate Labor Day, we need times for valor on the battlefield, but the light switch. Teachers spend much to remember that it is the commit- taught English at West Point and of their own personal time preparing ment and diligence of our workers that earned a graduate degree in English lit- lesson plans and finding creative ways makes us great. We as West Virginians erature from the University of Penn- to teach our next generation. They al- are fighters, always have been, always sylvania. A remembrance of Mort ways go above and beyond the call of will be, but even fighters need a day O’Connor in a March 1978 West Point duty for their students. Those in public off. West Virginians have earned a day Alumni publication recalled his spirit service work day in and day out to get of rest. on the athletic fields as a young cadet: Social Security checks processed and f When victorious he would exultantly claim in the mail on time, to manage tax re- TRIBUTE TO BRENDAN O’CONNOR to be descended from ancient Irish warrior turns, or to deliver basic health serv- kings. And it may be true, for he had in him ices to our citizens. I applaud each and Mr. KENNEDY. Mr. President, as we a wild romanticism, a tragic lilt of heart, every one of these Americans. continue to debate national strategy which only the Irish have.

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.013 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10639 Brendan O’Connor’s grandfather, and with an estimated 200 Taliban fighters. MSG ened Afghan soldiers were unable to assist in Mort O’Connor’s father, was BG Wil- Thomas Maholic led a patrol from the de- lifting SGT Feurst over the wall, which re- liam ‘‘Bill’’ O’Connor, a graduate of tachment’s perimeter to secure a compound quired SFC O’Connor to climb back over the situated on key terrain. As the assault West Point in 1924. Bill O’Connor wall in the face of heavy, accurate, enemy began, a large Taliban force fire. He lifted and pushed SGT Feurst over served in Europe in World War II, in- counterattacked, flooded the battlefield, and the wall, assisted SSG Binney over by offer- cluding in the Battle of the Bulge. immediately separated the assault element ing his own body as step, and climbed over a And three of Brendan’s great-uncles from SSG Matthew Binney’s support by fire third time himself, while a storm of bullets followed their brother Bill to West position, creating two distinct detachment began disintegrating the structure around Point—Richard O’Connor in the Class elements outside the perimeter, each iso- him. As Apache gunships suppressed the of 1926, George Brendan O’Connor in lated, surrounded, and receiving enemy fire enemy, SFC O’Connor led the group from the from all directions. SSG Binney and SGT Jo- surrounded building, while still under fire, the Class of 1936, and Roderic O’Connor seph Feurst were seriously wounded at the in the Class of 1941. back toward the quick reaction force. He support by fire position. SFC O’Connor vol- then led his entire force back toward MSG Today, the O’Connor family tradition unteered to lead a quick reaction force to re- Maholic’s compound. He engaged enemy of military service continues with the inforce MSG Maholic in the compound, and fighters and broke through to link up with next generation. Attending his Distin- recover the two wounded soldiers. SFC the last of the isolated elements. Inside the guished Service Cross award ceremony O’Connor departed the detachment’s perim- compound, he learned that MSG Maholic had eter under heavy enemy fire, with SFC been killed. SFC O’Connor assumed duties as on April 30th were two of Brendan’s Mishra, eight Afghan soldiers and an inter- Detachment Operations Sergeant and contin- cousins, Brian O’Connor, who is now at preter. By employing fire and maneuver, ued coordinating the defense of the com- the Air Force Academy, and Rory SFC O’Connor destroyed an enemy machine- pound against renewed Taliban attacks. He O’Connor, who is now at West Point. gun position, broke out from the encircled supervised all medical treatment of the cas- patrol base, and evaded enemy fighters that We are grateful to families such as ualties, coordinated the medical evacuation the O’Connors, who for generations were now swarming toward the compound. After link-up with MSG Maholic, SFC O’Con- flight and organized the movement of ammu- have answered the Nation’s call and nition from the resupply aircraft. After worn the uniform with such courage nor was directed toward the support-by-fire position. He led his small relief force along a nightfall, under SFC O’Connor’s leadership, and distinction. There is no finer exam- wall that provided cover from the heavy vol- the group broke out once again from their ple of this tradition than MSgt ume of machinegun and rocket-propelled isolated location and moved undetected Brendan O’Connor and his heroic ac- grenade fire, as they evaded attackers and through Taliban positions to reunite all tion in Afghanistan. I ask unanimous broke out from the encircled compound. At friendly elements at the detachment’s patrol base. SFC O’Connor’s extraordinary actions, consent to have the full text of his Dis- the end of the wall, he encountered an open field, 80 meters across to a small building, performed at tremendous risk of life, suc- tinguished Service Cross citation, as cessfully rescued two wounded comrades, well as the narrative that accompanies which was the next available covered posi- tion. The flat field was covered by enemy saved the lives of 21 soldiers, and prevented the award, printed in the RECORD. grazing fire from three directions. He estab- his detachment’s destruction. He consoli- There being no objection, the mate- lished a support-by-fire position to suppress dated four friendly elements, each isolated rial was ordered to be printed in the enemy machinegun fire and began to crawl, and surrounded by an aggressive, numeri- RECORD, as follows: alone, across the field, leaving a third iso- cally superior, and well armed enemy force during the confusion of combat, and brought CITATION TO ACCOMPANY THE AWARD OF THE lated element amid the chaos of the battle- all soldiers to safety. The heroic accomplish- DISTINGUISHED SERVICE CROSS TO SERGEANT field. Afghan soldiers attempted to follow ments of Sergeant First Class Brendan W. FIRST CLASS BRENDAN W. O’CONNOR him but turned back under the extraordinary volume of fire. As bullets impacted all O’Connor reflect great credit upon himself, For extraordinary heroism in combat as around him and cut the grass directly over the Combined Joint Special Operations Task the senior Medical Sergeant for Special his body, he quickly realized that his cum- Force-Afghanistan, Special Operations Com- Forces Operational Detachment Alpha-765 in bersome load was creating too large a target mand-Central, and the United States Army. support of Operation Enduring Freedom in for the enemy. He returned to the cover of Panjwai District, Kandahar Province, Af- the wall and removed his body armor and as- f ghanistan. On 24 June 2006, during Operation sault pack. Informed that Apache gunships Kaika, Sergeant O’Connor led a quick reac- were en route to strafe the area he was at- tion force to reinforce a surrounded patrol tempting to crawl through, SFC O’Connor TRIBUTE TO LINDA LONG and to rescue two wounded comrades. He ma- attached an orange panel to his back in neuvered his force through Taliban positions Mr. ALEXANDER. Mr. President, I order to mark himself as a friendly element and crawled alone, under enemy machinegun wish to recognize a former staffer, to the pilots. Without hesitation he imme- fire to reach the wounded soldiers. He pro- diately resumed crawling the 80 meters Linda K. Long, for her wonderful con- vided medical care, while exposed to heavy across the field, in plain sight of the enemy, tributions to my office and to the volumes of Taliban fire, then carried one of toward his two wounded comrades. He moved State of Tennessee. the wounded 150 meters across open ground slowly, just inches below the enemy fire, mi- to an area of temporary cover. He climbed Linda began her career with Senator raculously escaping injury from hundreds of over a wall three times, in plain view of the Fred Thompson in 1995 and joined my Taliban machinegun rounds. He jumped over enemy, to assist the wounded soldiers to a wall into a vineyard and moved forward staff on January 21, 2003, where she cover while bullets pounded the structure along mounds of dirt, with bullets impacting soon distinguished herself as one of the around him. Sergeant O’Connor assumed du- all around him each time he exposed himself. best constituent services representa- ties as the detachment operations Sergeant He continued moving alone, for 150 meters, tives in the State of Tennessee. and led the consolidation of three friendly yelling for SSG Binney. Once again, he elements, each surrounded, isolated, and re- Linda was a wealth of knowledge evaded enemy fighters that were as near as 3 ceiving fire from all directions. His remark- when it came to working with con- meters, and were firing over a wall and able actions are in keeping with the highest shouting insults and threats at the sur- stituents and their problems. Although traditions of military heroism and reflect rounded position, and made contact with his she took a very ‘‘no nonsense’’ ap- distinct credit upon himself, the Combined wounded teammates. SFC O’Connor fought proach to her job, she was very com- Special Operations Task Force-Afghanistan, with his personal weapon, performed life-sav- passionate and always made time to Special Operations Command-Central, and ing measures on the two wounded soldiers in the United States Army. listen to constituents and console them the open, exposed to enemy fire, shielding even if she could not help them with NARRATIVE TO ACCOMPANY THE AWARD OF THE the casualties from debris and shrapnel with their issue. DISTINGUISHED SERVICE CROSS TO SERGEANT his own body, and gave instructions to begin FIRST CLASS BRENDAN W. O’CONNOR the evacuation. As an Afghan soldier as- Linda is loved and respected by peo- Sergeant First Class Brendan W. O’Connor, sisted SSG Binney, SFC O’Connor picked up ple throughout west Tennessee. In fact, United States Army, distinguished himself SGT Feurst and began carrying him, unas- she served two terms on the Madison by extraordinary heroism in action as the sisted, back to the cover of the small build- County Commission from 1994 to 2002. Senior Medical Sergeant for Special Forces ing 150 meters away. He dodged rocket-pro- There is no doubt that Linda went Operational Detachment Alpha-765 in sup- pelled grenade and machinegun fire, while above and beyond to help all constitu- port of Operation ENDURING FREEDOM. On methodically maneuvering from one covered ents. She was tough, but fair, and al- 24 June 2006, while conducting Operation position to another, without the benefit of KAIKA, a cordon and search mission to cap- his protective body armor, carrying the un- ways had time for anyone who asked ture or kill Taliban leadership in Pashmul, conscious SGT Feurst. He climbed over a two for assistance through my office. Linda Panjwai District, Kandahar Province, Af- meter high wall, into the building, as bullets retired on February 29, 2008, and we ghanistan, the detachment became engaged pounded the wall all around him. The fright- miss her already.

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.033 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10640 CONGRESSIONAL RECORD — SENATE November 19, 2008 IDAHOANS SPEAK OUT ON HIGH domestic problems. So you see that this to energy problems is going to take leader- ENERGY PRICES problem is not only hurting America eco- ship, not short-sighted thinking. nomically but socially as well. Also, we need to start building power Mr. CRAPO. Mr. President, in mid- I have done my part in decreasing the plants powered by nuclear energy. A power June, I asked Idahoans to share with amount I drive and the amount of times I fill plant that uses petroleum for its power me how high energy prices are affect- up on gasoline but this can only go so far. I source should no longer be allowed to be ing their lives, and they responded by bought a scooter back in June just before built. We can no longer afford to waste pe- the hundreds. The stories, numbering gasoline prices hit $120 a gallon and it has troleum like that, nor should we pollute the well over 1,200, are heartbreaking and saved a percentage of what we would have air with those wastes, when we can capture touching. While energy prices have spent on filling our car. Americans are aware and process all nuclear wastes safely. of the problem and doing what they can with Of course we can use solar energy includ- dropped in recent weeks, the concerns reservation to consequences that may arise ing wind where feasible, but that will not expressed from June remain very rel- in their conservation efforts. The question is solve our energy needs in the future. evant. To respect the efforts of those not ‘‘what should Americans do to avoid the We should also not use crops that we need who took the opportunity to share high prices in gasoline?’’, rather; the ques- for our food supply to produce ethanol, espe- their thoughts, I am submitting every tion is ‘‘Why is the American government cially when it takes more energy to produce e-mail sent to me through an address not making a reasonable effort to free its the ethanol that we receive from the result- set up specifically for this purpose to people from economic desperation?’’ ing fuel. No wonder food prices are through Start drilling now; let us build up a reserve the roof. the CONGRESSIONAL RECORD. This is not and release the current one, let us start Some want to blame oil companies for an issue that will be easily resolved, looking for alternatives and renewables. Our making excessive profits. A profit of 6 to 8% but it is one that deserves immediate understanding will progress as the science does not seem excessive to me. When did it and serious attention, and Idahoans de- behind these progresses. become illegal to make a profit in this coun- serve to be heard. Their stories not Sincerely, try? Higher taxes will not lower the price of only detail their struggles to meet ev- MICHAEL, Rexburg. gasoline. Let us level the playing field and eryday expenses, but also have sugges- remove excessive regulations. Sure, global Since I do not have unlimited income (I am warming is taking place, but we are not the tions and recommendations as to what an underpaid Idaho teacher), or someone cause of that. It has to do with solar cycles. Congress can do now to tackle this paying my fuel bills, the rising cost of gas Spend a winter in Idaho if you want to see problem and find solutions that last be- and diesel is taking spending money out of global warming at work. The farmers I know yond today. I ask unanimous consent our pockets and into our tanks since we need had to plant late this season because their to have today’s letters printed in the to drive to perform many daily activities. fields were covered with snow. The tempera- RECORD. We also spend less at other retailers since ture in the world decreased last year. It did There being no objection, the mate- the money went for fuel. We also get less for not increase. Global warming is not the rial was ordered to be printed in the the same dollar at the store since the price problem. High energy prices are crippling of goods has gone up due to the rising costs the economy. The polar bear population has RECORD, as follows: of shipping using diesel fuel which is the increased, not decreased. We are being sold a I was/am in full support of your GPRA En- most expensive and should be the cheapest bill of goods that we cannot afford to buy. ergy Legislation. You were right on. Please since it costs less to make and comes off I know that the liberals are against every- continue to fight for energy independence for first in the processing of crude oil to fuel. thing I have proposed. We are opposed to Idaho and the U.S. This is essential to our When we spend less the retailers get less and their supposed solution of raising taxes. So national security and prosperity. It is never it becomes a vicious circle. Let us start does that mean that we have a stalemate and too late to do the right thing (even if we using our own oil and uncap the wells in our nothing is going to be done? We need leader- should have done it ten years ago). Please country just sitting there. The wildlife will ship. keep the pressure to allow Congress to vote be just fine in Alaska and elsewhere as long NORMAN, Idaho Falls. on crucial energy legislation. We deserve to as we are careful while drilling and trans- know how our Congress stands/votes on im- porting the oil. We need to quit fueling the I own a small 5-employee, garbage com- portant issues like this. I am also in favor of Arab terrorist groups by buying their oil at pany that services the cities of Kuna and the President calling an emergency session inflated prices or at all. Do not tell me the Melba and indeed the recent run up in diesel of Congress to pass energy legislation. It is Saudis are our friends. The only thing they prices from $3/gallon to the current $4/gallon that important. like about us is our money. in the last ten months has been a major im- Drill here, drill now, pay less. MEL, Post Falls. pact on my business of transporting solid TERESA, Twin Falls. waste for my small communities. I have seen Why do not the forces to be work together my fuel bill increase by nearly $4,000/month, Since July 11, [2008,] crude oil prices have to get this solved—or is there no representa- a 63% increase in that time frame. declined over 16% yet gasoline prices at the tion for improving the energy quantity? As difficult as that is for me, the run up in pump have remained steady. When is Con- JIM. prices has had a major impact on my em- gress going to start putting real pressure on ployees and their ability to come to work the oil companies to stop gouging the Amer- We received an email at work stating that and this is so true for all of Idaho’s employ- ican consumer? If Congress wants to turn the you would like to know how we felt about ees, particularly those on the very bottom of economy around, then start by addressing high energy prices, along with ideas on how the economic scale of which there are too energy prices. The oil companies raised gas to improve the situation. The energy prices many in Idaho. prices as crude oil prices escalated but there are a nuisance to me. I can handle the $50 per I could go on longer, but you know the im- is no indication that the reverse is true as week it takes me to get to and from work. pact. More importantly, I think you need to crude prices continue to come down. Enough What concerns me are my neighbors who hear from your constituents regarding the is enough. may be on the edge, or who need gasoline to solutions. We need a Manhattan-style GALYN. make a living (trucking, farming, construc- project to electrify our transportation sector tion). of this country. We need tax incentives for You have expressed a desire to hear of our To me the solution seems simple. Increase production and purchase of electric vehicles. experiences and hardships with the rise in the supply. Let us drill in ANWR. A vast ma- We need tax incentives for wind, solar, gasoline prices. I have a daily routine when jority of Alaskans favor the proposition. We lithium ion batteries and electric motors I get to work. I get online and check for re- could do so in an environmentally respon- (retrofitting out current gas fleet with elec- cent news on gasoline prices and so forth. sible way. Let us drill in the area between 50 tric drive trains will provide a sustainable The next thing I do is check on local gas miles and 200 miles off the coast in those new job creation and a finance business prices by utilizing Mapquest.com. It is se- areas where the population is for it. I under- model that will be a boon to our poor, who verely disappointing to see that our eastern stand in Virginia, most are in favor of it. I are being priced out of transportation, and Idaho gasoline prices have stabilized at $4.12 understand that we are the only country this will be paid for from displaced fuel dol- a gallon when the national average is below that prevents its people from doing this. lars from foreign oil purchases). We need to $3.90 a gallon, according to a recent And, by the way, why have not we opened a re-industrialize the USA to create high pay- yahoo.com article. Be that as it may, $3.90 is refinery in the last 25 years? Many say that ing jobs in the energy sector that will give still a harsh amount. This has become a pain even if we drill in ANWR, we will not see any us sustainable energy so we can get out of not only economically but domestically as oil for 10 years. That may be, but if we had our many oil entanglements throughout the well. Between my wife and I for the last acted 10 years ago, we would be reaping the world. month and a half, there has been strife about benefits of it now. Besides, that might con- Our nation mobilized itself to re-tool its our finances and being able to afford the vince foreign countries who have raised their whole industrial base during WWII to create next meal, the bills, and all that we wish we prices so much that we are serious about a war machine, plus provide all the oil need- could do to make an advance in finances. using our own resources and it may convince ed to win that war in the short span of 4–6 Colleagues and friends would argue the same them it is time to lower prices. The solution years. In the same short time frame we have

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.029 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10641 bankrupted ourselves in this senseless oil are creating a considerable burden on me. be a disaster that no one will have thought war in Iraq. We need to understand that we With gas at $4 per gallon, the cost of every- could happen. Many politicians say all of the need to get off of fossil fuels. thing is sky rocketing. time small business is the backbone of the We can and we have to do better. The coun- The U.S. is being held hostage by two bit USA. We are all hurting in this town. We are try needs strong leadership and I have dictators in the energy market. And it is un- all getting close to going under. No joke, watched you, you are a person of integrity. necessary. We are a country that put a man come up here, I will buy you a movie. I’ll You can give us the leadership, even though on the moon over forty years ago, yet we show you around like when the mill closed in it will not be the party line. I pray you have have not found ways of using our abundant 2000. We are on the threshold of something the courage to make a difference. coal resources in an environmentally safe very bad. Thanks for your time, I know like The American public deserves a choice to manner, and I am not seeing anything being me you do not have much to spare. our energy needs and tax incentives for solar done about it. Why? JASON, Cascade. and wind energy for our homes, will take us We spend hundreds of billions on foreign in that direction. I know this is not con- oil imports yet we allow a few vocal nuts to f sistent with the Big Business energy and keep us from developing our own resources. PAYMENTS TO RADIO HOST automobile business model, but I think they We must tap the oil in the Alaska Wildlife do not see the wisdom of making hard Reserve. Contrary to their claims, oil pro- Mr. GRASSLEY. Mr. President, sev- changes, tough choices and creating our own duction and wildlife are not incompatible. eral years ago, I started looking at the energy future. The noise and bustle of drilling will cause financial relationships between physi- The whole period of deregulation we have the animals to leave temporarily, after the cians and drug companies. I am doing just gone through has not been healthy for drillers leave and the pumps and pipelines this because I am concerned that there our country. Deregulation, from Enron to are in place they will return. is very little transparency on this sub-prime lending is bankrupting our coun- We are often told that the lack of refinery try. For the past 60 years the housing mar- capacity is also a cause of high gas prices. issue. I have also learned that the little ket has been stable and predictable. Deregu- How many new refineries are currently transparency that does exist is not lation has been regulation for the wealthy under construction? How many are planned? being enforced or is being enforced in- and well-positioned. We cannot continue to When was the last completed? consistently. steal the hope for the middle class on the ALFRED, Twin Falls. For instance, the National Institutes back of the rich. of Health requires researchers to report I wrote a response to your email about en- There have been two major fallacies foist- outside payments to their institution if ed on the American public. One is that tax ergy yesterday and as I sat here another cuts will stimulate jobs and drilling oil will issue presented itself to me. This is on a they receive a grant from the NIH. But reduce gas prices. The wealthy citizens of community level. My wife and I (with bad I have learned that some researchers our country and the oil companies can be forethought) bought The Roxy Theatre in are failing to properly report this multi-national citizens and their allegiances Cascade. I say the above because now many money. are to their own wealth accumulation, just a people do not have the extra money to spend Recently, I examined payments from factor of human nature. seeing movies or plays or concerts. Now after pharmaceutical companies to a pro- We do not have nationalized oil, therefore two years, seeing my available credit shrink, fessor of psychiatry at the University oil drilling will benefit the oil companies and and energy costs of my theatre go up, I am the highest bidders in the world market, yet looking at hard choices. I have chosen not to of Cincinnati. I found out that she was the American public is led to believe, oil hire employees back. This further hurts the not reporting tens of thousand of dol- drilling will have an appreciable impact on overall economy as there are 4 people who lars in outside income. our local gas prices, but indeed the nations now have to find jobs. I have tried, but I can- I then looked at a group of the with more wealth, able to bid and buy the not find a way to end this bleeding. The world’s most prominent child psychia- commodity will benefit. We are a debtor na- power company asked and got two very large trists, in particular, three researchers tion, unlike China. Producing our own rate hikes. Why are we spending almost 2/3 of source of energy is critical to changing that at Harvard who have taken millions of all the fuel refined in the USA making power dollars from the drug companies. These reality. for the grids? We have been cut in the heel Tax cuts given to the wealthiest of our na- by a very small but loud group of people who doctors are funded by several NIH tion, without a requirement that those tax say we should have no more reactors in the grants, but they were not reporting all cuts be re-invested in the USA leaves those USA. Enough—the good of the few do not of their money from the drug compa- individuals the option to take those tax cuts outweigh the good of the many. We have al- nies as required by NIH regulations. and invest them in the country of their ways been a nation formed on that. From my I then discovered a department chair- choice, wherever they can get the best re- grandfather to my dad to my service in the man at Stanford who founded a com- turn, again leaving the human instinct of military, I know that. I have served for the pany that was seeking approval from wealth accumulation to play out. good of the many. I am still a police officer If we invest our tax cuts, in our own coun- the Food and Drug Administration to for the good of the many. It is sure not for try and our own energy interests, that will market a drug for depression. The NIH the pay. I read bills all of the time that you create local high paying jobs, we will be in- all are debating on the Hill. I laugh; we is funding some research on this drug vesting in our own future, taking us out of spend millions of bucks to help out some per- which was being led by this same Stan- the status of debtor nation. forming arts center in New York. I provide ford scientist. Because there were some By the way, I, as well as Warren Buffet, am the same arts to Americans too. I guess we in the tax bracket that was advantaged by obvious conflicts with this situation, are too small in Idaho or Cascade, I should the big tax cuts, and I and Warren Buffet the NIH recently forced Stanford to say. We could all sit around and cry the have both felt we would be glad to forego pull this professor off the grant. blues, but nothing gets done. I put on my those tax cuts for a strong economy. I also sent letters to the University Again, I ask that you have the courage to uniform 4 days a week and my theatre of Texas and Emory University about clothes 7 days a week, 364 days a year. I do engage with any in congress, in a bipartisan researchers at their institutions. way, who is of a like mind to take us to en- this because it is for the good of the many. [I think earmarks should be allowed for I would now like to discuss another ergy freedom. Jay Inslee the representative troubling aspect about the lack of fi- from Washington State is a great proponent projects that provide for the good of the of energy issues and a person like you, who many and my theatre would qualify for as- nancial transparency in medicine. is a person of integrity. I pray that our rep- sistance.] You, sir, are elected to serve. I ‘‘The Infinite Mind’’ is a radio show resentatives in Washington will have the hear it just as much as you do. I do not mean that is independently produced but sense of urgency required to take the bold that I am your boss. I mean we put you there runs on over 300 public radio stations. steps needed for the American People. because we feel you can fix it. I feel, given It is possibly the most authoritative As well, I might suggest, your staff get the the responses you have seen, that Idaho’s gems have given you the ways to fix the program on psychology and neuro- hearing minutes from a Senate hearing held science in America. This show has won this week on the energy grid where T. Boone problems you asked about. We have to all Pickens gave testimony where he stated ‘‘we give something up. Again, I have not asked over 60 journalism awards. According cannot drill our way out of our current en- you to put me on a spending bill for aid to to a biography of the show’s host, it ergy crisis’’ proposing wind energy as a my 1939 theatre that I am sure will not make has an audience of over half a million major part of the solution. It was a very en- it through the year. The small business will people. lightening hearing. not make it that long. When something big Back in my home State of Iowa, Thank you for your concern for the plight happens to this country, everyone asks for ‘‘The Infinite Mind’’ is broadcast on federal aid. Major snowstorms happen here, of your constituents. most Sundays, early in the evening. TIM, Kuna. and it is not even reported. Four inches of snow in Florida and every news channel is My guess is that thousands of Iowans As a person living on a fixed income, I find calling it a disaster. We want this fixed be- tune in. According to its own website, that the soaring costs of energy in all forms fore there is not debate about it. . . It will ‘‘The Infinite Mind’’ prides itself on its

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.024 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10642 CONGRESSIONAL RECORD — SENATE November 19, 2008 ‘‘independence.’’ But there may be year, Glaxo reports that the company tion. This got the attention of Mar- some problems with their financial paid Dr. Goodwin over $130,000 for over garet Low Smith, a vice president at transparency. 50 different talks. Of course, Dr. Good- NPR. She has stated that any show Last May, a couple of reporters for a win may be making more money from that runs on NPR’s satellite station, news site called ‘‘Slate’’ wrote about other drug companies, but I only asked and I quote, ‘‘must live up to NPR an episode of ‘‘The Infinite Mind’’ GlaxoSmithKline for their informa- standards .’’ called Prozac Nation: Revisited. During tion. I do know from a scientific paper So I would like to go over some of this episode, three guests on the show that Dr. Goodwin published that he has those standards as found on NPR’s own discussed problems with also given talks on behalf of Pfizer, website. According to NPR’s own poli- antidepressants. After listening to a re- Solvay, Janssen, Eli Lilly, Astra cies, and I quote, ‘‘confidence in us as cording of the show, it appeared to me Zeneca and Bristol Myers Squibb. And independent and fair means avoiding that the real effect of this particular he has served as a consultant for many actual and apparent conflicts of inter- episode was to undercut any criticism of these companies, as well. est or engaging in outside activities, that antidepressants might be linked In fact, Dr. Goodwin was very busy public comment or writing that calls to an increased risk of suicide. This is the week that the episode of Prozac into question our ability to report fair- an issue I tackled a few years back. Nation: Revisited started airing last ly on a subject.’’ Maybe these three guests felt that March 26. GlaxoSmithKline’s records The policy also states that an indi- there really is no problem with show that the company paid Dr. Good- vidual covered under this code ‘‘has the antidepressants. But a large number of win for several talks he gave that week responsibility to disclose potential experts believe that antidepressants on bipolar disorder and Lamictal. conflicts of interest.’’ may be associated with an increased In fact, records show that he gave I think these are very fair standards risk of suicide, particularly in kids. In around eight talks at $2500 each, bring- on transparency, and I hope that shows fact, last March, two months before ing him around $20,000 in payments. running on NPR will try to live up to this show aired, Britain’s Medicines Several of the talks were done by tele- them in the future. and Healthcare Regulatory Authority conference, but Dr. Goodwin also spoke It is not my job as a Senator to MHRA, concluded a 4 year investiga- about Lamictal at Fleming’s Prime screen newspapers, the evening news or tion of the antidepressant, Paxil. That Steakhouse in Birmingham, Michigan national radio for my constituents. But report found that GSK had been aware and the Rosebud Steak House in it is my job to watch out for taxpayers’ since 1998 that Paxil was associated Schaumburg, IL. money. According to its website and with a higher risk of suicidal behavior Based upon the information provided promotional comments made during in adolescents. to my staff, Dr. Goodwin was also very many of the show’s episodes, ‘‘The Infi- Now don’t get me wrong, experts on active on behalf of Glaxo in 2005. That nite Mind’’ has been made possible, at public radio have a right to express year, Glaxo paid Dr. Goodwin over times, by major underwriting from the their own opinions. However, I am con- $300,000 in speaking fees and around National Science Foundation and the cerned that the host of ‘‘The Infinite $25,000 in expenses to discuss their National Institutes of Health. Mind’’ never pointed out that all three products. And this was the same year And that is why I am sending out two of the show’s guests had strong finan- that he hosted an episode for ‘‘The Infi- letters one to the National Institutes cial ties to the pharmaceutical indus- nite Mind’’ on bipolar disorder in kids. of Health and another to the National try. Again there was no disclosure on the Science Foundation. That is right. Every one of them. And show about Dr. Goodwin’s financial The recently departed director of this was never mentioned during the ties to GlaxoSmithKline or other drug NIH has already acknowledged that program or by the guests who ap- companies. they have problems with their policies peared. Let’s take this one step further. when it comes to researchers not re- What listeners also never learned is When an episode on bipolar disorder porting outside income. I commend that the host of ‘‘The Infinite Mind’’ first aired on September 20, 2005, Dr. him for recognizing this fact. I also has his own ties to drugmakers. When Goodwin was once again on the road know that the NIH plans on changing a show runs on National Public Radio, for the Glaxo. Glaxo’s records show its regulations to tighten up disclosure NPR, doesn’t the public have a right to that the company paid him $2500 for a requirements. know where the show’s host gets his talk he gave that day on drug therapy But I am not certain about the dis- money? for bipolar disorder. The talk was at closure requirements when the NIH The host of ‘‘The Infinite Mind’’ is Lemonia, a Tuscan restaurant located helps to fund a show like ‘‘The Infinite Dr. Frederick Goodwin, who I am told, at the Ritz Carlton Golf Resort in Mind.’’ I am going to ask the NIH to is one of our country’s leading experts Naples, FL. see if they require ‘‘The Infinite Mind’’ on bipolar disorder. In fact, he has I don’t think it takes a journalism or to disclose the money that drug compa- written the definitive textbook on bi- ethics professor to figure out that lis- nies pay to the show’s host. polar disorder. He is now an adjunct teners of a national radio show should And I am asking the NSF to explain professor at George Washington Uni- be told about the host’s financial inter- their policies on financial disclosure to versity Medical Center and was for- ests. It just seems obvious. This type of see if they might need some changes as merly the director of the National In- information should be out in the open well. stitute of Mental Health. and transparent. I ask unanimous consent to have my But what you would never know People should know that since 2000, letters to the National Institutes of about Dr. Goodwin is that he is also a GlaxoSmithKline has paid the host of a Health and the National Science Foun- paid spokesman for several drug com- radio program on psychiatry over $1.2 dation printed in the RECORD. I would panies. Now, I don’t know how much million in speaking fees and over also like to commend GlaxoSmithKline money Dr. Goodwin actually receives $100,000 in expenses. People should for their cooperation with the Com- from all the drug companies, but based know that, based on information from mittee and their commitment to trans- on documents my office has received Glaxo, most of these fees were paid to parency. It is greatly appreciated. from GlaxoSmithKline, I do know that Dr. Goodwin through Best Practice, a There being no objection, the mate- GlaxoSmithKline pays him around pharmaceutical consulting firm that he rial was ordered to be printed in the $2500 for every talk his gives on treat- helped establish in the late nineties. RECORD, as follows: ments for bipolar disorder and depres- Among the many services that have U.S. SENATE, sion. These talks concerned several been offered by Best Practice are mar- COMMITTEE ON FINANCE, drugs such as Wellbutrin, Eskalith, and keting consultation, and the ‘‘dissemi- Washington, DC, November 19, 2008. Lamictal. nation of new off label information.’’ RAYNARD S. KINGTON, M.D., Ph.D., Acting Director, National Institutes of Health, Based on documents that my office Now, I have already pointed out that Rockville Pike, Bethesda, MD. received from GlaxoSmithKline, Dr. this independently produced radio show DEAR ACTING DIRECTOR KINGTON: As a sen- Goodwin gives these talks to doctor runs on over 300 public radio stations. ior member of the United States Senate and groups around the country. So far this But it also runs on NPR’s satellite sta- the Ranking Member of the Committee on

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.058 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10643 Finance (Committee), I have a duty under over the last seven years, Dr. Goodwin re- b. Topic/purpose of the grant; and the Constitution to conduct oversight into ceived over $1.3 million in speaking fees and c. Amount of funding for each grant identi- the actions of executive branch agencies, in- honoraria from GlaxoSmithKline (GSK) for fied. cluding the activities of the National Insti- giving over 480 talks. I discovered this fact (3) For each of the above identified grants, tutes of Health (NIH/Agency). In this capac- through documents that I received from please answer the following questions re- ity, I must ensure that NIH properly fulfills GSK. garding financial disclosure: its mission to advance the public’s welfare I have attached a chart detailing the infor- a. Please explain the applicable NIH rules and makes responsible use of the public fund- mation that GSK supplied to my staff. Many on financial disclosure required for the ing provided for medical studies. This re- of the payments to Dr. Goodwin were made grant; and search often forms the basis for action taken through a company called Best Practice LLC b. Please confirm if the applicable rules on by the Medicare and Medicaid programs. (BP). Based upon independent research con- Once again I would like to bring to NIH’s financial disclosure were followed by the ducted by my staff, it appears that Dr. Good- grantee. attention my concerns about the lack of win founded BP along with several other sci- (4) Please provide a list of any other inter- oversight regarding conflicts of interest re- entists in the late nineties. It is my under- actions that Dr. Frederick Goodwin has had lating to the almost $24 billion in annual standing that BP advises pharmaceutical with the NIH including membership on advi- grants that are distributed by the NIH. I un- companies. derstand that you are now attempting to As mentioned earlier, when one listens to sory boards, peer reviewer on grants, or change the regulations covering the extra- ‘‘The Infinite Mind’’ there is an acknowledg- other similar activities. mural research program to ensure more ac- ment that NIH money helps to underwrite (5) Please provide a list of all NIH grants/ countability in financial disclosure. I appre- its production. Accordingly I would appre- contract, if any, made to Best Practice LLC. ciate your work in this area. ciate any information that you could provide For each grant, please provide the following: As you know, institutions receiving an NIH me regarding financial disclosure require- a. Name of grant/contract; research grant are required to manage the ments applicable to this situation. It seems b. Topic of grant/contract; and grantee’s conflicts of interest. I would like to me that if the federal government pro- c. Amount of funding for each grant/con- now to let you know that I have discovered vides financial support for a radio program tract identified. another problem with an NIH grantee and a that is heard by hundreds of thousands of (6) Please provide a list of all NIH grants lack of financial transparency. American citizens, then the financial trans- that have supported National Public Radio. In particular, I am concerned about a radio parency of that show’s host is important. For each grant, please provide the following: show that discusses psychology and neuro- In light of this, I would appreciate gaining a. Name of grant; science called ‘‘The Infinite Mind.’’ This a greater understanding of the NIH grants b. Topic of grant; and show, as I understand it, is independently received by ‘‘The Infinite Mind’’ and the ap- produced and is distributed to over 300 public c. Amount of funding for each grant identi- plicable NIH policies on financial disclosure. fied. radio stations and appears on National Pub- Accordingly, please respond to the following lic Radio’s (NPR) satellite channel. Accord- (7) For each of the above identified grants/ questions and requests for information. For contracts, please answer the following ques- ing to this show’s website and promotional each response, please repeat the enumerated comments made during several of the show’s tions regarding financial disclosure: request and follow with the appropriate an- a. Please explain the applicable NIH rules episodes, ‘‘The Infinite Mind’’ claims to re- swer. The time span of this request covers ceive major underwriting from the National on financial disclosure required for each January 2000 to the present. grant/contract; and Institutes of Health and the National Insti- (1) Please provide a list of all NIH grants b. Please confirm that applicable rules on tute of Mental Health. that have supported ‘‘The Infinite Mind.’’ financial disclosure were followed by the The host of the ‘‘The Infinite Mind’’ is re- For each grant/contract, please provide the grantee. search professor Dr. Frederick Goodwin. following: However, I have learned that while hosting a. Name of grant/contract; I request your prompt attention to this this radio program, Dr. Goodwin also re- b. Topic of grant/contract; matter and your continued cooperation. I ceived substantial compensation from drug c. Amount of funding for each grant/con- would appreciate receiving responses no companies. In the fine print of an article he tract identified; later than December 3, 2008. If you have any published in the Journal of the American d. Amount of funding provided in grant/ questions, please contact my Committee Medical Association in 2003, Dr. Goodwin ac- contract for the host of the show; and staff, Paul Thacker. Any formal correspond- knowledged that he ‘‘has served on the e. Supporting documents on financial dis- ence should be sent electronically in PDF speaker’s bureaus of Glaxo, Solvay, Janssen, closure, pertinent to the grant/contract. searchable format to Pfizer, Lilly, AstraZeneca, and Bristol-Myers (2) Please provide a list of all NIH grants, [email protected]. Squibb; and has served as a consultant for if any, made to Dr. Frederick Goodwin. For Sincerely, Glaxo, Solvay, Pfizer, Lilly, Bristol-Myers each grant, please provide the following: CHARLES E. GRASSLEY, Squibb Elan, and Novartis.’’ For example, a. Name of grant; Ranking Member. GLAXOSMITHKLINE PAYMENTS TO DR. FREDERICK GOODWIN

Speaker Year Products Topics honoraria Expenses

2000 ...... Wellbutrin, Lamictal ...... Depression: treatment and therapies ...... $14,400 $2,400 2001 ...... Wellbutrin Lamictal Eskalith ...... Depression updates on treatments. Frontiers in neuropsychiatry ...... 24,000 3,100 2002 ...... Eskalith Wellbutrin Lamictal ...... Managing depression. Treatment for bipolar disorder and mania ...... 55,500 5,400 2003 ...... Wellbutrin Eskalith Lamictal BP ...... Depression. Treating mania and bipolar disorder. Use of Lamotrigine ...... 140,800 16,100 2004 ...... Lamictal BP ...... Bipolar I disorder: stabilization and treatment ...... 193,500 23,100 2005 ...... Lamictal BP ...... Strategies and therapies for treating bipolar I disorder ...... 304,500 24,900 2006 ...... Lamictal BP ...... Managing and treating bipolar disorder. National Speaker Series on Lamictal for treating bipolar I 223,000 21,400 disorder. 2007 ...... Lamictal BP ...... Treating bipolar and unipolar depression. Managing bipolar I disorder ...... 138,000 18,900 2008 ...... Lamictal Paxil ...... Managing and treating bipolar disorder. National Speaker Series: Maintenance treatment for bipolar I 132,500 1,800 disorder. Total: $1,226,300 in fees and $117,300 in expenses for over 480 talks.

U.S. SENATE, Research and educational programs spon- dio’s (NPR) satellite channel. According to COMMITTEE ON FINANCE, sored by the NSF may influence public opin- this show’s website and promotional com- Washington, DC, November 19, 2008. ion and can affect actions taken by the Medi- ments made during several of the show’s epi- Dr. ARDEN L. BEMENT, Jr. care and Medicaid programs. sodes, ‘‘The Infinite Mind’’ claims to receive Director, National Science Foundation, Wilson I would like to bring to your attention my major underwriting from the NSF. Boulevard, Arlington, VA. concerns about the apparent lack of over- The host of the ‘‘The Infinite Mind’’ is re- DEAR DIRECTOR BEMENT: As a senior mem- sight regarding conflicts of interest relating search professor Dr. Frederick Goodwin. ber of the United States Senate and the to the almost $6 billion in annual grants that However, I have learned that while hosting Ranking Member of the Committee on Fi- are distributed by the NSF. As you know, in- this radio program, Dr. Goodwin also re- nance (Committee), I have a duty under the stitutions receiving an NSF research grant ceived substantial compensation from drug Constitution to conduct oversight into the are required to ‘‘manage’’ the grantee’s con- companies. In the fine print of an article he actions of executive branch agencies, includ- flicts of interest. published in the Journal of the American ing the activities of the National Science In particular, I am concerned about a radio Medical Association in 2003, Dr. Goodwin ac- Foundation (NSF). In this capacity, I must show that discusses psychology and neuro- knowledged that he ‘‘has served on the ensure that NSF properly fulfills its mission science called ‘‘The Infinite Mind.’’ This speaker’s bureaus of Glaxo, Solvay, Janssen, to advance the public’s welfare and makes show, as I understand it, is: independently Pfizer, Lilly, AstraZeneca, and Bristol-Myers responsible use of the public funding pro- produced; distributed to over 300 public radio Squibb; and has served as a consultant for vided for scientific studies and education. stations; and appears on National Public Ra- Glaxo, Solvay, Pfizer, Lilly, Bristol-Myers

VerDate Aug 31 2005 04:19 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.017 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10644 CONGRESSIONAL RECORD — SENATE November 19, 2008 Squibb Elan, and Novartis.’’ For example, ingly, please respond to the following ques- (5) Please provide a list of all NSF grants over the last seven years, Dr. Goodwin has tions and requests for information. For each that have supported National Public Radio. received over $1.3 million in speaking fees response, please repeat the enumerated re- For each grant, please provide the following: and honoraria from GlaxoSmithKline (GSK) quest followed by the appropriate answer. a. Name of grant; for giving over 480 talks. I discovered this The time span of this request covers January b. Topic of grant; and fact through documents that I received from 2000 to the present. c. Amount of funding for grant. GSK. (1) Please provide a list of all NSF funds (6) For each of the above identified grants/ For your review and future reference, I that have supported ‘‘The Infinite Mind.’’ contracts, please answer the following ques- have attached a chart detailing the informa- For each grant, please provide the following: tions regarding financial disclosure: tion that GSK supplied to my staff. Many of a. Name of grant and/or contract; a. Please explain the applicable NSF rules the payments to Dr. Goodwin were made b. Topic of grant/contract; and on financial disclosure required for the through a company called Best Practice LLC c. Amount of funding for grant/contract; grant/contracts; and (BP). Based upon independent research con- d. Amount of funding provided in grant/ ducted by my staff, it appears that Dr. Good- contract for the host of the show; and b. Please confirm that applicable rules on win founded BP along with several other sci- e. Supporting documents on financial dis- financial disclosure were followed by the entists in the late nineties. It is my under- closure, pertinent to the grant/contract. grantee. standing that BP advises pharmaceutical (2) Please provide a list of all NSF grants, In cooperating with the Committee’s re- companies. if any, made to Dr. Frederick Goodwin. For view, no documents, records, data, or other As mentioned earlier, when one listens to each grant, please provide the following: information related to these matters, either ‘‘The Infinite Mind’’ there is an acknowledg- a. Name of grant; directly or indirectly, shall be destroyed, ment that NSF money helps to underwrite b. Topic/purpose of the grant; and modified, removed, or otherwise made inac- its production. Accordingly I would appre- c. Amount of funding for the grant. cessible to the Committee. ciate any information that NSF could pro- (3) For each of the above identified grants, I request your prompt attention to this vide regarding financial disclosure require- please answer the following questions re- matter. In addition, I would request you pro- ments applicable to this situation. It seems garding financial disclosure: vide this information to me no later than to me that if the federal government pro- a. Please explain the applicable NSF rules December 3, 2008. If you have any questions, vides financial support for a radio program on financial disclosure required for the please contact my Committee staff, Paul that is heard by hundreds of thousands of grant; and Thacker. Any formal correspondence should American citizens, then the financial trans- b. Please confirm that applicable rules on be sent electronically in PDF searchable for- parency of that show’s host is important. financial disclosure were followed by the mat to BrianlDowney@finance- In light of this, I would appreciate gaining grantee. rep.senate.gov. a greater understanding of the NSF grants (4) Please provide a list of any other inter- Sincerely, provided to ‘‘The Infinite Mind’’ and the ap- actions that Dr. Goodwin has had with the CHARLES E. GRASSLEY, plicable NSF policies relating either directly NSF including membership on advisory Ranking Member. or indirectly to financial disclosure. Accord- boards, peer review on grants, or the like. Attachment. GLAXOSMITHKLINE PAYMENTS TO DR. FREDERICK GOODWIN

Speaker Year Products Topics Honoraria Expenses

2000 ...... Wellbutrin, Lamictal ...... Depression: treatment and therapies ...... $14,400 $2,400 2001 ...... Wellbutrin Lamictal Eskalith ...... Depression updates on treatments. Frontiers in neuropsychiatry ...... 24,000 3,100 2002 ...... Eskalith Wellbutrin Lamictal ...... Managing depression. Treatment for bipolar disorder and mania ...... 55,500 5,400 2003 ...... Wellbutrin Eskalith Lamictal BP ...... Depression. Treating mania and bipolar disorder. Use of Lamotrigine ...... 140,800 16,100 2004 ...... Lamictal BP ...... Bipolar I disorder: stabilization and treatment ...... 193,500 23,100 2005 ...... Lamictal BP ...... Strategies and therapies for treating bipolar I disorder ...... 304,500 24,900 2006 ...... Lamictal BP ...... Managing and treating bipolar disorder. National Speaker Series on Lamictal for treating bipolar I 223,000 21,400 disorder. 2007 ...... Lamictal BP ...... Treating bipolar and unipolar depression. Managing bipolar I disorder ...... 138,000 18,900 2008 ...... Lamictal Paxil ...... Managing and treating bipolar disorder. National Speaker Series: Maintenance treatment for bipolar I 132,500 1,800 disorder.

Total: $1,226,300 in fees and $117,300 in ex- discover and develop the talent of writ- ADDITIONAL STATEMENTS penses for over 480 talks. ing. f John Riddle currently resides in TRIBUTE TO ALAN AND MARILYN I LOVE TO WRITE DAY Bear, DE, and knows the value of writ- BERGMAN ing first hand. For the last 30 years, he Mr. CARPER. Mr. President, I wish ∑ Mrs. BOXER. Mr. President, I would has been a freelance author writing for to commemorate I Love to Write Day. like to take this opportunity to recog- The designation of November 15 as I magazines, trade journals and Web nize an extraordinary couple in the Love to Write Day allows the Nation to sites, and is the author of 34 books. He musical world, Alan and Marilyn focus much-needed attention on the is a frequent presenter at writers con- Bergman, who were recently honored value and importance of practicing ferences all across the country and by the renowned Paley Center for writing skills at every age. spoke last year at the National Press Media. Formerly known as the Museum I Love to Write Day was created by Club in Washington, DC. of Television & Radio, the Paley Center Delaware author John Riddle in 2002. Writing is vital to improve commu- for Media is nationally recognized for John came up with the idea for I Love its efforts to engage communities in a nication skills and to challenge minds. to Write Day while driving from his dialogue around the cultural, creative, home in Delaware to the Blue Ridge It is a skill that is helpful in every ca- and social significance of television, Mountain Christian Writers Conference reer and the ability to communicate ef- radio, and other emerging media plat- in Ashville, NC. That first year, more fectively through writing not only en- forms. than 11,000 schools across the country hances one’s educational opportunities This year, Alan and Marilyn signed up to participate in I Love to but also serves as a lifelong asset. It Bergman are celebrating 50 years of a Write Day events and activities. doesn’t matter if you write a poem, a musical partnership that has en- Since Delaware Governor Ruth Ann letter, an essay, or a novel; just as long chanted and engaged people around the Minner officially declared November as you are getting your thoughts down world. In honor of their extraordinary 15th as I Love to Write Day in 2002, on paper you are engaging your mind. careers, the Paley Center for Media nine other Governors have joined in I applaud Mr. Riddle’s efforts to get hosted two very special events to pay recognizing it, and more than 20,000 tribute to the Bergmans, the first in people writing and hope that I Love to schools participated last year. New York on May 21, 2008, and the sec- This year, Children’s Way Founda- Write Day continues to be a success ond in Los Angeles on November 3, tion teamed up with Mr. Riddle to throughout the Nation. 2008. The two events were part of the bring together 50,000 elementary Paley Center for Media’s ‘‘Paley After schools throughout the country to pro- Dark’’ series, which features only a se- vide students with the opportunity to lect few artists each year.

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.020 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10645 Though Alan and Marilyn’s personal life of Sacramento County sheriff’s activities and programs in Scar- life stories may not be widely known— deputy Lawrence ‘‘Larry’’ Canfield, borough, including VIPS, where he pa- both were born and raised in the same who was tragically killed in the line of trolled parking lots on behalf of the Brooklyn, NY, neighborhood, but it duty on November 12, 2008, when his pa- local police department. wasn’t until they moved to Los Ange- trol motorcycle was hit while pursuing Sadly, it was this commitment to les in the 1950s that they met, fell in a speeding vehicle. public service that ultimately cost him love, and married—it is hard to find a Deputy Canfield was raised in Galt, his life. On December 15, 2006, while person who isn’t familiar with one of CA, where he graduated from Galt High serving the citizens of Scarborough in the Bergmans’ many famous songs. School. After graduation he joined the his capacity as a member of VIPS, Mr. Starting with one of their first break- U.S. Army where he served for 4 years. Durant responded to a nearby traffic through successes, a song entitled He later followed his father’s footsteps accident. ‘‘Sleep Warm,’’ which appeared as the and joined the Sacramento County title track on an album released by Sheriff’s Department. For 13 years, He was helping the under-manned po- Dean Martin in 1959, the Bergmans Deputy Canfield took great pride in his lice department by directing traffic kicked off a musical career that has service to the Sacramento County when a vehicle struck him from behind. lasted half a century. Sheriff’s Department. To his colleagues Although Mr. Durant was not a career In 1968, the Bergmans won their first he was known for his dedication to law officer, Scarborough honored him with Oscar for ‘‘The Windmills of Your enforcement and passion for serving local law-enforcement honors at his fu- Mind,’’ the theme song from the with the motorcycle division. neral. His was the first death of an offi- ‘‘Thomas Crown Affair.’’ This was just Deputy Canfield is survived by his cer in the line of duty in Scarborough’s the beginning for Alan and Marilyn. loving wife of 16 years, Michelle, and modern history. Later, in 1968, ‘‘The Windmills of Your children Tyler and Bryce. Deputy Can- Mr. Durant responded to the Nation’s Mind’’ also won a Golden Globe award. field will be remembered as a dedicated call for citizens to volunteer to help se- In 1973, Alan and Marilyn won two husband, proud father, loving son, de- cure our homeland after the terrorist Grammys, an Oscar, and a Golden voted friend, and respected colleague. attacks of September 11, 2001. Managed Globe award for ‘‘The Way We Were,’’ Deputy Canfield served Sacramento on behalf of the Departments of Home- starring Barbara Streisand and Robert County with honor and bravery and land Security and Justice by the Inter- Redford. In 1984, they won another fulfilled his oath as an officer of the national Association of Chiefs of Po- Oscar for the score for ‘‘Yentl,’’ and law. His contributions to public safety lice, VIPS provides an opportunity for won Emmys for ‘‘Sybil,’’ ‘‘Queen of the and dedication to law enforcement are ordinary citizens to volunteer in law Stardust Ballroom,’’ ‘‘Ordinary Mir- greatly appreciated and will serve as enforcement. As a volunteer law en- acles’’ and ‘‘A Ticket to Dream.’’ In an example of his legacy. forcement officer, Mr. Durant made his 1995, Alan and Marilyn wrote the Gold- We shall be grateful for Deputy Can- community safer, stronger, and a bet- en Globe-, Oscar-, and Grammy-nomi- field’s heroic service and the sacrifices ter place to live. nated song ‘‘Moonlight.’’ Just a few he made while serving and protecting years ago, Alan and Marilyn were com- Unfortunately, after Mr. Durant sac- the community that he loved.∑ missioned by the Kennedy Center to rificed his life heeding that call to write a jazz song cycle which received f service, the Federal government com- widespread acclaim. And just last year, REMEMBERING JAMES JOSEPH pounded his family’s loss by denying Alan released his first album as a vo- DURANT their application for federal death ben- calist, ‘‘Lyrically,’’ featuring some of ∑ Ms. COLLINS. Mr. President, today efits under the Public Safety Officer his and Marilyn’s most well-known I wish to commemorate the life of a Benefits, PSOB, program. songs. The reviews were phenomenal. true American patriot—Mr. James Jo- According to the Department of Jus- During their New York and Los An- seph Durant of Scarborough ME—and tice which administers the PSOB pro- geles visits, the Bergmans performed a to mourn his passing. gram, Mr. Durant did not qualify as a few of their hit songs and treated the Mr. Durant died in the line of duty ‘‘public safety officer’’ within the audiences to a special question-and-an- almost two years ago while serving his meaning of the law. swer session with Pat Mitchell, the community through the Volunteers in Paley Center for Media’s president and The PSOB program has been plagued Police Services, VIPS, program. CEO. Though the Bergmans have been with problems since its inception. Most His premature death not only dev- partners for more than 50 years, it was of the national law enforcement and astated his family but left a void in the clearly evident that their rapport with fire services organizations, such as the life and social fabric of his community each other shines through as strongly International Association of Fire and his State. today as it did when they first met. Fighters, the International Association For half a century, Alan and Marilyn Mr. Durant led an admirable and re- of Fire Chiefs, the Fraternal Order of have written the lyrics and music to markable life. He was married for 47 Police, and the National Sheriff’s Asso- some of the world’s most recognizable years to his high school sweetheart, ciation, have long complained about and unforgettable songs. Their dedica- Janine. They began dating in their the huge backlog of benefit applica- tion and passion for life is evident in sophomore year when they were forced tions and DoJ’s overly strict interpre- both their marriage and in the work to share her English book because he tation of the law. they do. It is no wonder, then, that the had conveniently forgotten his own. Mr. Durant was a dedicated and caring If we truly hope to encourage more Paley Center for Media has honored the Americans like Mr. Durant to engage Bergmans as part of its ‘‘Paley After father to their three children and a doting grandfather of five. in volunteer activities that safeguard Dark’’ series. our homeland, we must ensure that As their U.S. Senator, I join the He was a decorated U.S. Army soldier and combat veteran of the Vietnam their families are taken care of in the Paley Center for Media in honoring and event that they die while performing giving my most sincere congratula- War. Mr. Durant’s loyalty to the Army and to his country was so profound duties that public safety officers would tions to Alan and Marilyn, one of the have otherwise performed. most respected songwriting teams in that he refused a deferral from deploy- music today, for enriching the lives of ment to Vietnam to which he was enti- Mr. Durant is the first and so far so many. And for the sake of all of us, tled when his wife discovered that she only VIPS participant to have died in I trust that their joint efforts will con- was pregnant with their second child. the line of duty. It would be folly to as- tinue for many more years.∑ After his return from Vietnam, Mr. sume that he will be the last. That is Durant dedicated his life to public why I believe that Congress should pro- f service. He worked with distinction for vide volunteers participating in VIPS TRIBUTE TO LAWERENCE over 25 years as an electronic techni- and the Fire Corps, another potentially CANFIELD cian for the Federal Aviation Adminis- dangerous citizen volunteer program, ∑ Mrs. BOXER. Mr. President, I ask my tration at the Portland International with death benefits similar to those colleagues to join me in honoring the Jetport. He also volunteered for many provided under the PSOB program.

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19NO6.035 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10646 CONGRESSIONAL RECORD — SENATE November 19, 2008 I fully recognize that proposing to key architect of our State’s tradition was pestering Iowa Coach Forest Evashevski, expand the PSOB program—even if nar- of environmental conservation. So thus earning the nickname ‘‘Punchy’’ from rowly—is controversial. But I also be- today I honor his memory, celebrate the appreciative head coach. lieve that such an expansion is nec- his extraordinary life, and give thanks But that’s not why he’ll receive a lifetime ∑ achievement award from the University of essary. In the future, I hope to reach for his outstanding legacy. Iowa on Saturday when the Hawkeyes host agreement with my friends in the first f Maine. responder community on a way to pro- TRIBUTE TO BILL QUINBY Quinby, 76, will be honored for his lifetime tect the families of volunteers, like Mr. of community service in Cedar Rapids and Durant, who lose their lives protecting ∑ Mr. HARKIN. Mr. President, there the surrounding area. That punch during a the citizens of this Nation. are few more accomplished citizens of Big Ten game at Minnesota in 1952 is just I also pledge to continue working Iowa than Bill—William—Quinby. I use one of the many stories he has from a life- with them to ensure that the DoJ ad- the word ‘‘citizen’’ on purpose because time of memories as an educator, Big Ten along with his wife Janice, Bill’s life and NFL referee, philanthropist, public serv- dresses their justifiable concerns with ant, and all-around good guy. the administration of the PSOB pro- continues to be a model of ideal citi- Quinby will be saluted Saturday along gram. zenship and embodies what it means to with retired Air Force Gen. Donald J. As a nation, we owe it to our first re- be an Iowan. Kutyna, who had a distinguished military sponders—whether career or volun- Bill has spent his life living by a sim- career. Quinby marvels at the company he’s teer—to care for their families when ple mantra: work hard and give back. in: A working-class kid from Cedar Rapids they have made the ultimate sacrifice In college at the University of Iowa, and a decorated U.S. general. to protect us. While I regret that the Bill was a two-time letter winner in ‘‘Let’s put it this way,’’ he said Wednesday. Federal Government has not fulfilled baseball as an athlete and again in ‘‘I’m humbled as hell. And honored.’’ football as a team manager. He used Quinby’s many friends and admirers will this obligation to Janine Durant and tell you it’s a well-deserved award and has her family, I am committed to ensur- these experiences to help his commu- little to do with his work as a Big Ten foot- ing that our Nation treats its heroes nity, and for 11 years he served as an ball official for 13 years or his service as an honorably. educator in the Cedar Rapids School NFL referee for 17 years. Rather, it’s a trib- Mr. Durant was an ordinary Amer- District in various positions as an ath- ute to all the help he’s given others. ican who did extraordinary things. letic director, teacher, and principal. He’s served on the board of directors for Having already served his country in After a stint in the private sector, he the Hawkeye Area Boy Scouts, Cedar Rapids combat, having work and family obli- later served as the director of career Jaycees, Cedar Rapids Community Theatre, counseling and as the athletics director Cedar Rapids Kids League Baseball, Cedar gations, he made the extra effort to Rapids Sports Club, Cedar Rapids Profes- serve his community, and lost his life at Coe College, one of Iowa’s finest sional Baseball Club, Cerebral Palsy Associa- in the process. small colleges. Along with these years tion, Arc of Eastern Iowa, Cedar Rapids Ker- We are all poorer for his death, but of service to his community, Bill also nels Foundation, Cedar Rapids Ice Arena, we can redeem it by providing equi- served for years as a high school, col- Camp Courageous, Habitat for Humanity, table treatment for the families of lege, and professional football official, Special Olympics, National Shrine Athletic other volunteers who may perish while serving in such big games as the Rose Committee, and the Linn Area Credit Union. serving the public good.∑ Bowl, Orange Bowl, and Super Bowl He’s served on the Regional Planning Com- XIX. mission, the Cedar Rapids Recreation Com- f mission, the Five Seasons Facility Commis- Yet despite this impressive career, I TRIBUTE TO MARTIN HANSON sion, the Civil Service Commission, and the know that Bill would tell you that he Cedar Rapids Board of Ethics in Govern- ∑ Mr. FEINGOLD. Mr. President, today is just as proud, if not more so, of his ment. I would like to commemorate the life combined 150 years of service on boards ‘‘I always felt it was best to help people of the great Wisconsin conservationist and commissions of various charitable who possibly needed help,’’ he said. ‘‘I mean, Martin Hanson. Wisconsin lost one of organizations in his community. Some look at how lucky I’ve been. I truly feel very the best environmental stewards of the of these groups include the Hawkeye good about being born here, raised here and last century on October 22 when Martin Area Boy Scouts, the Cedar Rapids I’ve lived here all my life. Look how good it’s passed away in beautiful northern Wis- been for me.’’ Jaycees, the Cedar Rapids Community Quinby and his wife, Janis, have been mar- consin. I join so many other Wisconsin- Theater, Habitat for Humanity, the ried for 53 years. They have four children and ites, and conservationists nationwide, Cedar Rapids Community Free Clinic, nine grandchildren, although one of their in paying tribute to Martin Hanson’s and the Cedar Rapids Board of Ethics children, Billy, died tragically in a traffic memory. in Government. accident as a young man. Martin Hanson dedicated his life to I would be remiss if I did not empha- Quinby was an accomplished athlete at protecting the Wisconsin landscape he size the large amount of time that Bill Franklin High School in Cedar Rapids, but loved. His legacy will carry on for has put into a cause that is also close three knee operations prevented him from many years to come in the peaceful to my heart. As a volunteer for the playing football at Iowa. He received two varsity letters in baseball with the Hawk- shorelines, deep forests, and shim- Special Olympics, Bill has been fight- eyes and got two varsity letters in football mering lakes of our State. Thanks to ing for equality for persons with dis- as the team’s manager, which is why he was Martin’s tireless work, future genera- abilities. While the legislative work in at Evashevski’s side when that unruly Min- tions of Wisconsinites will fall in love Washington can help create a more nesota fan left his seat behind the UI bench with the great outdoors just as he did. equal legal framework, the work of vol- and confronted Evy, claiming players were The Apostle Islands, a great Wis- unteers like Bill is what allows equal- obstructing his view of the field. consin treasure along Lake Superior, ity to emerge in practice. Quinby, who did a little boxing in college, have been kept nearly pristine because To honor these services to the com- rushed to Evashevski’s side and slugged the of his environmental advocacy. Like so guy a couple of times in the stomach, mak- munity, Bill was recently awarded the ing him double over in pain. ‘‘Thanks,’’ many other Wisconsinites, I travel to University of Iowa’s Lifetime Achieve- Evashevski said after the game. the Apostle Islands as often as I can to ment award. Congratulations, Bill. And ‘‘See how lucky I’ve been to be around?’’ enjoy the spectacular scenery. Wis- let me extend to you heartfelt thanks Quinby said with a smile. ‘‘For a guy that consin has Martin Hanson, as well as for your inspiration and work to better grew up at Daniels Park and was nothing at Gaylord Nelson, to thank for pro- eastern Iowa. Iowa, I feel very lucky.’’∑ tecting this Wisconsin treasure. The I ask to have an article about Bill f work of these two giants of Wisconsin’s from the August 27, 2008, Cedar Rapids TRIBUTE TO GENERAL BRUCE conservation movement helped make Gazette printed in the RECORD. possible my own efforts to preserve the The material follows. CARLSON Apostle Islands and designate almost 80 QUINBY GIVES LIFETIME OF SERVICE ∑ Mr. INHOFE. Mr. President, today I percent of them as federally protected [From the Cedar Rapids Gazette, Aug. 27, wish to recognize GEN Bruce Carlson, wilderness. 2008] one of our most distinguished com- Generations of Wisconsinites are in- CEDAR RAPIDS.—Bill Quinby once punched manders who will retire from the U.S. debted to Martin Hanson, who was a in the stomach a Minnesota football fan who Air Force on January 1, 2009, after

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.031 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10647 completing 37 years of distinguished eral Schwarz wrote, ‘‘General Carlson broadcast companies in America. Soon service to our Nation. culminates a distinguished career of after its founding, SBS expanded to General Carlson currently serves as more than 37 years of Air Force serv- Los Angeles and Miami. In 1993, their the Commander of the Air Force Mate- ice, with focused leadership, a selfless KLAX-FM station achieved a historic riel Command—AFMC—in Wright-Pat- commitment to excellence and tireless overall No. 1 ranking in southern Cali- terson Air Force Base, OH. As Com- dedication. His vision and leadership fornia. mander of AFMC, General Carlson transformed Air Force Materiel Com- As the torch was passed from father manages the command’s 77,000 people mand into the preeminent provider of to son, SBS continued its rise. In 1999, in research, development, test, and war-winning capabilities . . .’’ I cannot SBS completed the second largest IPO evaluation while providing the acquisi- agree more. In an era of persistent con- in radio history and continued expand- tion management services and logistics flict and constrained budgets, General ing their network of broadcast sta- support required to develop, procure, Carson’s dedication to making sure the tions. That same year, SBS went on- and sustain Air Force weapon systems. warfighter has what he needs to fight line with the purchase of His workforce of active duty, civilian, and win is inspiring. lamusica.com. In 2001, SBS produced a and contractor personnel are the un- I offer my sincere thanks and appre- sell-out Madison Square Garden char- sung heroes, managing an annual budg- ciation to Gen Bruce Carlson, his wife ity concert to honor the victims of et of over $56 billion, more than 40 per- Vicki, and his three children, Bryan, September 11. In 2006, SBS entered the cent of the total AF budget, and ensur- Jani, and Scott. The strength of our television broadcasting business with ing our warfighters are equipped with airmen is in their families, and their the creation of the MEGA-TV network. the best equipment in the world. support allowed him to dedicate 37 Raul Alarcon, Jr., is well known for General Carlson was born in Hibbing, years of leadership and service to the his tremendous successes as the presi- MN, and began his accomplished career men and women of the Air Force and dent and CEO of SBS. He has been rec- in 1971 when he graduated as a ‘‘Distin- our country. I wish him and his family ognized as one of the 100 most influen- guished Graduate’’ from the Air Force well in all his future endeavors.∑ tial Hispanics and as one of the 40 most ROTC program at the University of powerful people in radio. In 1994, Raul Minnesota, Duluth. From the day he f Alarcon, Jr., was given the Lifetime pinned on his butter bars through his TRIBUTE TO PABLO RAUL Achievement Award for Business Ex- four silver stars, Gen Bruce Carlson ALARCON cellence. In 1995, he received both the has been a leader and continues to lead ∑ Mr. MENENDEZ. Mr. President, Ellis Island Medal of Honor and the and mentor airmen in the air and on today I honor the life of Pablo Raul Human Rights Committee Radio Con- the ground. Alarcon. His dedication and achieve- tributions Award. He has testified be- After graduating from the University ments in overcoming the tyranny of fore Congress and his position as an au- of Minnesota, he went on to under- the Castro regime to found the largest thority in the field of minority media graduate pilot training at Vance Air publicly traded Hispanic-controlled ownership is unparalleled. Force Base in Oklahoma—a base I media company in America stands as a There is no doubt that the Alarcons know well and the finest pilot training powerful example of the realization of exhibit the embodiment of the Amer- base in the U.S. His first assignment the American dream. While we mourn ican dream. When a cruel dictatorship out of pilot training was in the F–4 the passing of this broadcasting pio- destroyed their life’s work, they came Phantom II and then he transitioned neer, we celebrate his legacy and the to America and started over by cre- into the OV–10 Bronco and A–10 Wart- profound impact his life has had on the ating a company that impacts the lives hog. During his career he logged over United States. of millions of Americans. So I am 3,300 flying hours to include combat Today, the Spanish Broadcasting pleased to pay tribute to the Spanish time in the OV–10. His work ethic and System owns and operates 20 radio sta- Broadcasting System, to honor the unparalleled skill resulted in his post- tions across the country, including the passing of Pablo Raul Alarcon, and to ing to positions of influence in the of- No. 1 Spanish-language radio station in recognize the tremendous achievement fices of the Secretary of the Air Force America—which I have the privilege of of Raul Alarcon, Jr., in carrying on his and Secretary of Defense. His skill as a ∑ listening to when I am home in New father’s legacy. pilot and a leader led to various flying Jersey. They own a popular television f assignments, including commanding the 49th Fighter Wing at Holloman Air station and operate a bilingual Web RECOGNIZING KATE’S HOMEMADE Force Base, NM, the Air Force’s first site dedicated to Latino culture and BUTTER stealth fighter wing. news. Under the exemplary leadership ∑ Ms. SNOWE. Mr. President, today I As with every great officer, his star of Mr. Alarcon’s son, Raul Alarcon, Jr., recognize Kate’s Homemade Butter of continued to rise as he met every pro- SBS continues to be the gold standard Old Orchard Beach, ME, a family- motion with dedication and integrity. in Hispanic-operated broadcasting. owned company whose attention to de- Moving on to serve as the Director of The Alarcons were born in Cuba, tail and excellence recently earned it Force Structure, Resources, and As- where Pablo Raul Alarcon founded his the top honors at the World Dairy sessment on the Joint Staff and fi- first radio station in 1951. He found Expo, also known as the Academy nally, prior to assuming Command of success creating a network of 14 sta- Awards of the dairy industry. AFMC, General Carlson served as the tions across the country, which were Kate’s Homemade Butter is a dairy Commander, 8th Air Force, Barksdale ultimately seized by the Castro dicta- farm that is recognized worldwide for Air Force Base, Louisiana and Joint torship. The Alarcons fled to America producing slow-churned butter. The Functional Component Commander for with few possessions. But the tyranny recipe for fresh homemade butter has Space and Global Strike, U.S. Stra- of Castro could not crush the spirit of been passed down for four generations, tegic Command, Offutt AFB, NE. their entrepreneurship. Mr. Alarcon dating back to the early 1900s. In 1981, General Carlson has received several worked his way up in Spanish language Daniel Patry, founder and president of distinguished awards including the De- radio, doing programming, sales, and Kate’s Homemade Butter, unleashed fense Distinguished Service Medal with advertising. In 1983 Mr. Alarcon and his his family secret and developed it into oak leaf cluster, Legion of Merit, Meri- son, Raul Alarcon, Jr., fulfilled their an award-winning, profitable business. torious Service Medal with two oak long-held dream of once again owning a In 2005, Daniel’s son Lucas joined the leaf clusters, Air Force Commendation broadcast station. They purchased a company to continue a family tradi- Medal with two oak leaf clusters, and small AM station licensed in my home tion. the 2007 Order of the Sword, Air Force State and created the first Spanish lan- The Patry family is committed to Materiel Command. He was also award- guage format to be introduced into the maintaining the degree of quality that ed master’s degrees from Webster Uni- New York/New Jersey market in over originated back in the early 1900s. versity in St. Louis, MO, and the Naval 25 years. They have stayed true to their grand- War College in Newport, RI. Since 1983, the Alarcons have over- father, Alphonse Hemond, who passed In the Chief of Staff’s recommenda- seen the expansion of SBS to become down the family secrets to his son, Ro- tion for the Order of the Sword, Gen- one of the premier Hispanic-controlled land Hemond. Daniel Patry, learned

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.016 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10648 CONGRESSIONAL RECORD — SENATE November 19, 2008 the business from his uncle, Roland performed by Reverend Haynes with nomic and energy assistance for the fiscal Hemond, making note of textures and Don’s father, Silas Clifton Bunn, and year ending September 30, 2009, and for other tastes, but, most critically, realizing Eleanor’s sister, Anne Blevins Helms, purposes. that the key to award-winning prod- as their witnesses. Eventually, Don and f ucts is time, patience, and diligence. Eleanor made their home in Garden EXECUTIVE AND OTHER The Patrys ensure that all their ingre- Grove, CA, where they raised their COMMUNICATIONS dients come from local farmers so as to only daughter, Sharada. maintain the integrity and freshness of I offer my congratulations to Donald The following communications were their world-class dairy. and Eleanor on their 50th wedding an- laid before the Senate, together with After generations of making the but- niversary and wish them many years of accompanying papers, reports, and doc- ter for friends and family, Mr. Patry continued happiness.∑ uments, and were referred as indicated: EC–8686. A communication from the Ad- decided to share this creamy spread f with the world. The same process for ministrator, Agricultural Marketing Serv- making butter that was used in 1900 is FROM THE PRESIDENT ice, Department of Agriculture, transmit- ting, pursuant to law, the report of a rule en- still employed today, further proving Messages from the President of the titled ‘‘Dairy Forward Pricing Program’’ Kate’s Homemade Butter’s commit- United States were communicated to (RIN0581–AC86) received in the Office of the ment to quality over quantity. In 2006, the Senate by Mrs. Neiman, one of his President of the Senate on November 12, the Patry family’s hard work was re- secretaries. 2008; to the Committee on Agriculture, Nu- warded when Kate’s Homemade Butter trition, and Forestry. f won the first of its two gold medals EC–8687. A communication from the Con- from the World Dairy Expo, beating EXECUTIVE MESSAGES REFERRED gressional Review Coordinator, Animal and out thousands of entrants from around Plant Health Inspection Service, Department As in executive session the Presiding of Agriculture, transmitting, pursuant to the world! Officer laid before the Senate messages law, the report of a rule entitled ‘‘Addition Winning their first gold medal in 2006 from the President of the United of Russia and Azerbaijan to the List of Re- helped put Kate’s Homemade Butter on States submitting sundry nominations gions Where African Swine Fever Exists’’ the map in the eyes of national pro- which were referred to the appropriate (Docket No. APHIS–2008–0107) received in the ducers and highly esteemed culinary committees. Office of the President of the Senate on No- circles, including Food & Wine Maga- (The nominations received today are vember 12, 2008; to the Committee on Agri- zine and Down East Magazine. In a printed at the end of the Senate pro- culture, Nutrition, and Forestry. EC–8688. A communication from the Ad- move rarely seen at the World Dairy ceedings.) Expo, Kate’s won again in 2008, achiev- ministrator, Livestock and Seed Program, f Department of Agriculture, transmitting, ing a very improbable score of 98.8 out pursuant to law, the report of a rule entitled of a possible 100. This accomplishment MEASURES PLACED ON THE CAL- ‘‘Beef Promotion and Research; Reapportion- was described as a David versus Goli- ENDAR DURING ADJOURNMENT ment’’ (Doc. No. LS–07–0141) received in the ath moment by the Professor Emeritus Under the authority of the order of Office of the President of the Senate on No- in the Department of Food Studies at the Senate of November 17, 2008, the vember 12, 2008; to the Committee on Agri- the University of Wisconsin, Dr. Robert culture, Nutrition, and Forestry. following bills were read the second EC–8689. A communication from the Assist- Bradley, who is widely regarded as a time, and placed on the calendar: pre-eminent industry authority. Dr. ant Director of the Directives and Regula- S. 3526. A bill to enhance drug trafficking tions Branch, Forest Service, Department of Bradley noted, ‘‘Here you have this rel- interdiction by creating a Federal felony re- Agriculture transmitting, pursuant to law, atively small producer in Maine, who, lating to operating or embarking in a sub- the report of a rule entitled ‘‘Clarification literally, makes his butter just in time mersible or semi-submersible vessel without for the Appropriate Use of a Criminal or a to give his customers the absolute nationality and on an international voyage. Civil Citation to Enforce Mineral Regula- freshest product possible. He comes S. 3535. A bill to amend the Internal Rev- tions’’ (RIN0596–AC38) received in the Office into the Expo arena this year, going up enue Code of 1986 to index certain assets for of the President of the Senate on November against the biggest names in the busi- purposes of determining gain or loss. 12, 2008; to the Committee on Agriculture, ness—the largest manufacturers in the S. 3646. A bill to authorize and expedite Nutrition, and Forestry. lease sales within the outer Continental EC–8690. A communication from the Sec- entire industry—and walks away with Shelf, and for other purposes. retary of the Federal Trade Commission, a near-perfect score. The finished prod- S. 3688. A bill to provide for additional transmitting, pursuant to law, a report enti- uct is his passion.’’ emergency unemployment compensation, to tled ‘‘Report to Congress: Regarding the Ac- So, thank you, Daniel Patry for your amend the Emergency Economic Stabiliza- curacy of the Do Not Call Registry’’; to the passion and commitment to excellence tion Act of 2008 to authorize loans to auto- Committee on Commerce, Science, and at Kate’s Homemade Butter and con- mobile manufacturers and component sup- Transportation. gratulations to you and your family on pliers, and for other purposes. EC–8691. A communication from the Dep- your award-winning product at the S. 3689. A bill making supplemental appro- uty Chief Counsel for Regulations, Transpor- World Dairy Expo.∑ priations for job creation and preservation, tation Security Administration, Department infrastructure investment, and economic and of Homeland Security, transmitting, pursu- f energy assistance for the fiscal year ending ant to law, the report of a rule entitled ‘‘Rail TRIBUTE TO DONALD AND September 30, 2009, and for other purposes. Transportation Security’’ (RIN1652–AA51) re- ELEANOR BUNN H.R. 6842. To restore Second Amendment ceived in the Office of the President of the rights in the District of Columbia. Senate on November 12, 2008; to the Com- ∑ Mr. THUNE, Mr. President, today I H.R. 6867. An act to provide for additional mittee on Commerce, Science, and Transpor- wish to recognize Donald and Eleanor emergency unemployment compensation. tation. Bunn of Colorado Springs, CO. Donald H.R. 6899. An act to advance the national EC–8692. A communication from the Trial and Eleanor will celebrate their 50th security interests of the United States by re- Attorney, Federal Railroad Administration, wedding anniversary this year on De- ducing its dependency on oil through renew- Department of Transportation, transmitting, able and clean, alternative fuel technologies pursuant to law, the report of a rule entitled cember 23. while building a bridge to the future through ‘‘Electronically Controlled Pneumatic Brake Donald and Eleanor first met in 1947 expanded access to Federal oil and natural Systems’’ (RIN2130–AB84) received in the Of- while on a double date to a drive-in gas resources, revising the relationship be- fice of the President of the Senate on No- movie; however, at the time the two of tween the oil and gas industry and the con- vember 12, 2008; to the Committee on Com- them were on the date with other peo- sumers who own those resources and deserve merce, Science, and Transportation. ple. Following this meeting, they a fair return from the development of pub- EC–8693. A communication from the Staff began dating sporadically until Don licly owned oil and gas, ending tax subsidies Assistant, National Highway Traffic Safety finished his active duty in the Navy. for large oil and gas companies, and facili- Administration, Department of Transpor- After Don’s service in the Navy, their tating energy efficiencies in the building, tation, transmitting, pursuant to law, the re- housing, and transportation sectors, and for port of a rule entitled ‘‘Federal Motor Vehi- courtship resumed in full, and Donald other purposes. cle Safety Standards; Seating Systems, Oc- and Eleanor were married on December H.R. 7110. An act making supplemental ap- cupant Crash Protection, Seat Belt Assem- 23, 1958 at the Virginia Avenue Baptist propriations for job creation and preserva- bly Anchorages, School Bus Passenger Seat- Church in Bristol, TN. The service was tion, infrastructure investment, and eco- ing and Crash Protection’’ (RIN2127–AK09)

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.030 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10649 received in the Office of the President of the fice of the Chief Financial Officer, Depart- EC–8710. A communication from the Direc- Senate on November 12, 2008; to the Com- ment of Energy, transmitting, pursuant to tor, Regulatory Management Division, Envi- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Advanced ronmental Protection Agency, transmitting, tation. Technology Vehicles Manufacturing Incen- pursuant to law, the report of a rule entitled EC–8694. A communication from the Acting tive Program’’ (RIN1901–AB25) received in ‘‘MCPB; Pesticide Tolerances’’ ((EPA-HQ- Assistant Administrator for Fisheries, Na- the Office of the President of the Senate on OPP-2007-0945)(FRL-8387-1)) received in the tional Marine Fisheries Service, Department November 12, 2008; to the Committee on En- Office of the President of the Senate on No- of Commerce, transmitting, pursuant to law, ergy and Natural Resources. vember 12, 2008; to the Committee on Envi- the report of a rule entitled ‘‘Taking of Ma- EC–8702. A communication from the Direc- ronment and Public Works. rine Mammals Incidental to Commercial tor, Office of Surface Mining Reclamation EC–8711. A communication from the Direc- Fishing Operations; Atlantic Large Whale and Enforcement, Department of the Inte- tor, Regulatory Management Division, Envi- Take Reduction Plan’’ (RIN0648–XF96) re- rior, transmitting, pursuant to law, the re- ronmental Protection Agency, transmitting, ceived in the Office of the President of the port of a rule entitled ‘‘New Mexico Regu- pursuant to law, the report of a rule entitled Senate on November 12, 2008; to the Com- latory Program’’ (SATS No. NM–047–FOR) ‘‘Stay of Effectiveness of Control Measure mittee on Commerce, Science, and Transpor- received in the Office of the President of the Regulating Dust Emissions at the Four Cor- tation. Senate on November 12, 2008; to the Com- ners Power Plant; Navajo Nation’’ ((EPA- EC–8695. A communication from the Dep- mittee on Energy and Natural Resources. R09-OAR-2006-0184)(FRL-8739-7)) received in uty Assistant Administrator for Operations, EC–8703. A communication from the Direc- the Office of the President of the Senate on National Marine Fisheries Service, Depart- tor, Office of Surface Mining Reclamation November 12, 2008; to the Committee on En- ment of Commerce, transmitting, pursuant and Enforcement, Department of the Inte- vironment and Public Works. to law, the report of a rule entitled ‘‘Taking rior, transmitting, pursuant to law, the re- EC–8712. A communication from the Direc- of Marine Mammals Incidental to Commer- port of a rule entitled ‘‘Abandoned Mine tor, Regulatory Management Division, Envi- cial Fishing Operations; Atlantic Large Land Program’’ (RIN1029–AC56) received in ronmental Protection Agency, transmitting, Whale Take Reduction Plan’’ (RIN0648–XF27) the Office of the President of the Senate on pursuant to law, the report of a rule entitled received in the Office of the President of the November 12, 2008; to the Committee on En- ‘‘Tetraconazole; Pesticide Tolerances’’ Senate on November 12, 2008; to the Com- ergy and Natural Resources. ((EPA-HQ-OPP-2007-1161)(FRL-8386-7)) re- mittee on Commerce, Science, and Transpor- EC–8704. A communication from the Assist- ceived in the Office of the President of the tation. ant Secretary for Fish and Wildlife and Senate on November 12, 2008; to the Com- EC–8696. A communication from the Dep- Parks, National Park Service, Department of mittee on Environment and Public Works. uty Assistant Administrator for Operations, the Interior, transmitting, pursuant to law, EC–8713. A communication from the Sec- National Marine Fisheries Service, Depart- the report of a rule entitled ‘‘Special Regula- retary of Health and Human Services and the ment of Commerce, transmitting, pursuant tion: Areas of the National Park System, Na- Attorney General, transmitting, pursuant to to law, the report of a rule entitled ‘‘Taking tional Capital Region’’ (RIN1024-AD71) re- law, an annual report relative to the Health of Marine Mammals Incidental to Commer- ceived in the Office of the President of the Care Fraud and Abuse Control Program for cial Fishing Operations; Atlantic Large Senate on November 12, 2008; to the Com- fiscal year 2007; to the Committee on Fi- Whale Take Reduction Plan’’ (RIN0648–XG33) mittee on Energy and Natural Resources. nance. received in the Office of the President of the EC–8705. A communication from the Assist- EC–8714. A communication from the Dep- Senate on November 12, 2008; to the Com- ant Secretary for Fish and Wildlife and uty Director, Office of Regulations, Social mittee on Commerce, Science, and Transpor- Parks, National Park Service, Department of Security Administration, transmitting, pur- tation. the Interior, transmitting, pursuant to law, suant to law, the report of a rule entitled EC–8697. A communication from the Dep- the report of a rule entitled ‘‘National Park ‘‘Technical Revisions to Overpayment uty Assistant Administrator for Regulatory System Units in Alaska’’ (RIN1024-AD69) re- Rules’’ (RIN0960-AG02) received in the Office Programs, National Marine Fisheries Serv- ceived in the Office of the President of the of the President of the Senate on November ice, Department of Commerce, transmitting, Senate on November 12, 2008; to the Com- 12, 2008; to the Committee on Finance. pursuant to law, the report of a rule entitled mittee on Energy and Natural Resources. EC–8715. A communication from the Regu- ‘‘Taking of Marine Mammals Incidental to EC–8706. A communication from the Assist- lation Coordinator, Centers for Medicare and Commercial Fishing Operations; Atlantic ant Secretary of Land and Minerals Manage- Medicaid Services, Department of Health Large Whale Take Reduction Plan’’ ment, Minerals Management Service, De- and Human Services, transmitting, pursuant (RIN0648–XF58) received in the Office of the partment of the Interior, transmitting, pur- to law, the report of a rule entitled ‘‘Medi- President of the Senate on November 12, suant to law, the report of a rule entitled care Program; Revisions to the Medicare Ad- 2008; to the Committee on Commerce, ‘‘Royalty Relief - Ultra-Deep Gas Wells and vantage and Prescription Drug Benefit Pro- Science, and Transportation. Deep Gas Wells on Leases in the Gulf of Mex- grams: Clarification of Compensation Plans’’ EC–8698. A communication from the Dep- ico; Extension of Royalty Relief Provisions (RIN0938-AP52) received in the Office of the uty Assistant Administrator for Regulatory to Leases Offshore of Alaska’’ (RIN1010- President of the Senate on November 12, Programs, National Marine Fisheries Serv- AD33) received in the Office of the President 2008; to the Committee on Finance. ice, Department of Commerce, transmitting, of the Senate on November 12, 2008; to the EC–8716. A communication from the Pro- pursuant to law, the report of a rule entitled Committee on Energy and Natural Re- gram Manager of the Office of Strategic Op- ‘‘Taking of Marine Mammals Incidental to sources. erations and Regulatory Affairs, Centers for Commercial Fishing Operations; Atlantic EC–8707. A communication from the Acting Medicare and Medicaid Services, Department Large Whale Take Reduction Plan’’ Division Chief of Regulatory Affairs, Bureau of Health and Human Services, transmitting, (RIN0648–XF17) received in the Office of the of Land Management, Department of the In- pursuant to law, the report of a rule entitled President of the Senate on November 12, terior, transmitting, pursuant to law, the re- ‘‘Medicaid Program; Clarification of Out- 2008; to the Committee on Commerce, port of a rule entitled ‘‘Oil Shale Manage- patient Hospital Facility (Including Out- Science, and Transportation. ment - General’’ (RIN1004-AD90) received in patient Hospital Clinic) Services Definition’’ EC–8699. A communication from the Dep- the Office of the President of the Senate on (RIN0938-AO17) received in the Office of the uty Assistant Administrator for Regulatory November 17, 2008; to the Committee on En- President of the Senate on November 12, Programs, National Marine Fisheries Serv- ergy and Natural Resources. 2008; to the Committee on Finance. ice, Department of Commerce, transmitting, EC–8708. A communication from the Direc- EC–8717. A communication from the Chief pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, ‘‘Sea Turtle Conservation; Shrimp Trawling ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the Requirements’’ (RIN0648–XK78) received in pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on ‘‘Avermectin; Pesticide Tolerances for Emer- report of a rule entitled ‘‘Information Re- November 12, 2008; to the Committee on gency Exemptions’’ ((EPA-HQ-OPP-2008- porting on Employer-Owned Life Insurance Commerce, Science, and Transportation. 0175)(FRL-8387-8)) received in the Office of Contracts’’ (RIN1545-BG58) received in the EC–8700. A communication from the Direc- the President of the Senate on November 12, Office of the President of the Senate on No- tor of the Office of Sustainable Fisheries, 2008; to the Committee on Environment and vember 12, 2008; to the Committee on Fi- National Marine Fisheries Service, Depart- Public Works. nance. ment of Commerce, transmitting, pursuant EC–8709. A communication from the Direc- EC–8718. A communication from the Chief to law, the report of a rule entitled ‘‘Fish- tor, Regulatory Management Division, Envi- of the Publications and Regulations Branch, eries of the Exclusive Economic Zone Off ronmental Protection Agency, transmitting, Internal Revenue Service, Department of the Alaska; Pollock in Statistical Area 630 in the pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the Gulf of Alaska’’ (RIN0648–XL22) received in ‘‘Inert Ingredient: Exemption from the Re- report of a rule entitled ‘‘Election to Ex- the Office of the President of the Senate on quirement of a Tolerance for (S,S)- pense Certain Refineries’’ (RIN1545-BF06) re- November 17, 2008; to the Committee on Ethylenediaminedisuccinic Acid’’ ((EPA-HQ- ceived in the Office of the President of the Commerce, Science, and Transportation. OPP-2008-0250)(FRL-8362-4)) received in the Senate on November 12, 2008; to the Com- EC–8701. A communication from the Attor- Office of the President of the Senate on No- mittee on Finance. ney of the Office of Assistant General Coun- vember 12, 2008; to the Committee on Envi- EC–8719. A communication from the Chief sel for Legislation and Regulatory Law, Of- ronment and Public Works. of the Publications and Regulations Branch,

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.035 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10650 CONGRESSIONAL RECORD — SENATE November 19, 2008 Internal Revenue Service, Department of the EC–8729. A communication from the Chair- United States, and that an electromagnetic Treasury, transmitting, pursuant to law, the man, Council of the District of Columbia, pulse attack has the potential to place our report of a rule entitled ‘‘2008 Base Period T- transmitting, pursuant to law, a report on society at risk and to defeat our military Bill Rate’’ (Rev. Rul. 2008-51) received in the D.C. Act 17–551, ‘‘Workforce Housing Produc- forces; and Office of the President of the Senate on No- tion Program Amendment Act of 2008’’ re- Whereas the Alaska State Legislature vember 12, 2008; to the Committee on Fi- ceived in the Office of the President of the views with growing concern the development nance. Senate on November 12, 2008; to the Com- of nuclear weapons technology worldwide EC–8720. A communication from Director mittee on Homeland Security and Govern- and the proliferation of ballistic missile de- of the Regulations Policy and Management mental Affairs. livery systems that are controlled by unsta- Staff, Food and Drug Administration, De- EC–8730. A communication from the Chair- ble and potentially hostile foreign regimes; partment of Health and Human Services, man, Council of the District of Columbia, and transmitting, pursuant to law, the report of transmitting, pursuant to law, a report on Whereas the threat from nuclear-armed a rule entitled ‘‘Toll-Free Number for Re- D.C. Act 17–552, ‘‘District’s Opportunity to ballistic missile attack has been reduced but porting Adverse Events on Labeling for Purchase Amendment Act of 2008’’ received not eliminated by the initial limited deploy- Human Drug Products’’ (RIN0910-AC35) re- in the Office of the President of the Senate ments of ground-based interceptors in Alas- ceived in the Office of the President of the on November 12, 2008; to the Committee on ka and California; and Senate on November 12, 2008; to the Com- Homeland Security and Governmental Af- Whereas the Cold War doctrine of mutually mittee on Health, Education, Labor, and fairs. assured destruction no longer represents a Pensions. EC–8731. A communication from the Chair- plausible security strategy because of the EC–8721. A communication from the Sec- man, Council of the District of Columbia, proliferation of ballistic missiles around the retary of Transportation, transmitting, pur- transmitting, pursuant to law, a report on world; and suant to law, the Department’s Performance D.C. Act 17–553, ‘‘Consolidated Mt. Pleasant, Whereas the testing of ballistic missiles and Accountability Report for fiscal year Ward 2, and Ward 6 Single Sales Moratorium launched from ships by enemies of the 2008; to the Committee on Homeland Secu- Act of 2008’’ received in the Office of the United States could indicate the intention of rity and Governmental Affairs. President of the Senate on November 12, those enemies to use a platform off the coast EC–8722. A communication from the Presi- 2008; to the Committee on Homeland Secu- of Alaska to employ short-range or medium- dent, Overseas Private Investment Corpora- rity and Governmental Affairs. range missiles for a nuclear-generated elec- tion, transmitting, pursuant to law, an an- EC–8732. A communication from the Chair- tromagnetic pulse attack on American citi- nual report relative to the Corporation’s man, Council of the District of Columbia, zens; and audit and investigative activities; to the transmitting, pursuant to law, a report on Whereas, in 1997, the Alaska State Legisla- Committee on Homeland Security and Gov- D.C. Act 17–554, ‘‘Targeted Ward 4 Single ture was the first of many state legislatures ernmental Affairs. Sales Moratorium Temporary Act of 2008’’ to petition the federal government to de- EC–8723. A communication from the Ad- received in the Office of the President of the velop and deploy a robust and layered mis- ministrator, Environmental Protection Senate on November 12, 2008; to the Com- sile defense system that includes the most Agency, transmitting, pursuant to law, the mittee on Homeland Security and Govern- effective combination of land-based, sea- Inspector General’s Semiannual Report for mental Affairs. based, air-based, and space-based architec- the six-month period ending September 30, EC–8733. A communication from the Regu- tures; 2008 and the Office of Inspector General’s latory and Policy Specialist, Bureau of In- Be it Resolved, That the Alaska State Leg- compendium of unimplemented rec- dian Affairs, Department of the Interior, islature urges the United States to work ommendations; to the Committee on Home- transmitting, pursuant to law, the report of with the State of Alaska to ensure that the land Security and Governmental Affairs. a rule entitled ‘‘Indian Trust Management state is prepared to respond to and recover EC–8724. A communication from the Chief Reform’’ (RIN1076–AE59) received in the Of- from an electromagnetic pulse attack; and of the Trade and Commercial Regulations fice of the President of the Senate on No- be it further Branch, Customs and Border Protection, De- vember 12, 2008; to the Committee on Indian Resolved, That the Alaska State Legisla- partment of Homeland Security, transmit- Affairs. ture urges the United States to expand its ting, pursuant to law, the report of a rule en- EC–8734. A communication from the Sec- ballistic missile defense system, and also to titled ‘‘Advance Information on Private Air- retary of the Federal Trade Commission, develop other methods, to defend against craft Arriving and Departing the United transmitting, pursuant to law, a report enti- electromagnetic pulse attacks delivered by States’’ (RIN1651-AA41) received in the Office tled ‘‘Hart-Scott-Rodino Annual Report Fis- ballistic missiles, including missiles of the President of the Senate on November cal Year 2007’’; to the Committee on the Ju- launched at American cities from ships off 12, 2008; to the Committee on Homeland Se- diciary. the coast of Alaska; and be it further curity and Governmental Affairs. EC–8735. A communication from the Staff Resolved, That it is the policy of the state EC–8725. A communication from the Chair- Director, U.S. Sentencing Commission, to include in its preparedness planning de- man, Council of the District of Columbia, transmitting, pursuant to law, a report rel- fense against electromagnetic pulse attacks, transmitting, pursuant to law, a report on ative to the compliance of federal district as those attacks intersect with the full range D.C. Act 17–536, ‘‘Firearms Control Tem- courts with documentation submission re- of risks, threats, and hazards confronting the porary Amendment Act of 2008’’ received in quirements; to the Committee on the Judici- state; and be it further Resolved, That it is the policy of the state the Office of the President of the Senate on ary. November 12, 2008; to the Committee on to educate Alaskans about the threat of elec- Homeland Security and Governmental Af- f tromagnetic pulse attacks causing massive fairs. PETITIONS AND MEMORIALS losses of electric power and disruption to EC–8726. A communication from the Chair- telecommunications and other vital services, man, Council of the District of Columbia, The following petitions and memo- including health, public safety, food, and transmitting, pursuant to law, a report on rials were laid before the Senate and transportation services that depend on reli- D.C. Act 17–537, ‘‘Chief Financial Officer Ap- were referred or ordered to lie on the able electric power; and be it further proval of Payment of Goods and Services table as indicated: Resolved, That the Alaska State Legisla- ture encourages municipalities and private Temporary Amendment Act of 2008’’ received POM–448. A joint resolution adopted by the industry in the state to examine critical in the Office of the President of the Senate Alaska State Legislature relative to security vulnerabilities in their infrastructures and on November 12, 2008; to the Committee on and defense matters; to the Committee on to prepare for massive disruptions that could Homeland Security and Governmental Af- Armed Services. fairs. be caused by electromagnetic pulse attacks. EC–8727. A communication from the Chair- HOUSE JOINT RESOLUTION NO. 40 AM Copies of this resolution shall be sent to man, Council of the District of Columbia, Whereas the Constitution of the United the Honorable George W. Bush, President of transmitting, pursuant to law, a report on States imposes on the national government a the United States; the Honorable Richard B. D.C. Act 17–538, ‘‘Franklin Shelter Closing duty to provide for the common defense, and Cheney, Vice-President of the United States Requirements Temporary Act of 2008’’ re- the states and the national government work and President of the U.S. Senate; the Honor- ceived in the Office of the President of the together toward the security of each state; able Harry Reid, Majority Leader of the U.S. Senate on November 12, 2008; to the Com- and Senate; the Honorable Mitch McConnell, Mi- mittee on Homeland Security and Govern- Whereas the Congressionally mandated nority Leader of the U.S. Senate; the Honor- mental Affairs. Commission to Assess the Threat to the able Nancy Pelosi, Speaker of the U.S. House EC–8728. A communication from the Chair- United States from Electromagnetic Pulse of Representatives; the Honorable Steny H. man, Council of the District of Columbia, Attack found, in its report delivered July Hoyer, Majority Leader of the U.S. House of transmitting, pursuant to law, a report on 2004, that an enemy using a low-yield nuclear Representatives; the Honorable John D.C. Act 17–550, ‘‘Public Space Rental Fees weapon detonated at a high altitude above Boehner, Minority Leader of the U.S. House Amendment Act of 2008’’ received in the Of- the United States, delivered by even a rel- of Representatives; the Honorable Robert M. fice of the President of the Senate on No- atively unsophisticated short-range or me- Gates, United States Secretary of Defense; vember 12, 2008; to the Committee on Home- dium-range ballistic missile, could make an the Honorable Samuel W. Bodman, United land Security and Governmental Affairs. electromagnetic pulse attack against the States Secretary of Energy; the Honorable

VerDate Aug 31 2005 02:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.038 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10651 Michael O. Leavitt, United States Secretary Reinvestment Coalition (NCRC) reflected Whereas, the trend of increasing passenger of Health and Human Services; the Honor- that Countrywide Home Loans provided Afri- numbers continues in 2008. Over the first ten able Michael Chertoff, United States Sec- can Americans with only 2.3% of total prime months of the fiscal year, Pere Marquette retary of Homeland Security; the Honorable loans issued, although they represented 7.4% ridership is up 9.8 percent and Blue Water Condoleezza Rice, United States Secretary of of all households in the Pittsburgh Metro- ridership has increased 6.5 percent. Revenues State; the Honorable Mary E. Peters, United politan Statistical Area and lagged behind have grown as well, from 4.5 to 9.2 percent. States Secretary of Transportation; the Hon- all lenders as a group; and These trends over the last six years suggest orable Henry M. Paulson, Jr., United States Whereas, the analysis further reflected continued record numbers of passengers but Secretary of the Treasury; the Honorable that Countrywide Home Loans lagged behind less than potential revenue because of lim- Robert S. Mueller, Director of the Federal all lenders in the Pittsburgh region in the ited capacity, as witnessed by frequent sold- Bureau of Investigation; the Honorable Mike proportion of both prime and subprime loans out conditions; and Mullen, Chair of the Joint Chiefs of Staff, to residents of low-income and moderate-in- Whereas, Amtrak employs 114 Michigan the Honorable Mike McConnell, Director of come tracts, and borrowers in minority residents and pays over $6.6 million annually National Intelligence; and the Honorable Ted tracts received a disproportionately small in salaries and wages. Amtrak contracts Stevens and the Honorable Lisa Murkowski, share of prime loans at 0.99%; and with Michigan businesses for more than $5.7 U.S. Senators, and the Honorable Don Whereas, Bank of America also provided million in goods and services. Young, U.S. Representative, members of the African Americans with a disproportionately Whereas, Michigan residents continue to Alaska delegation in Congress. small share of prime loans issued, 1.65%, as face increasing fuel prices, traffic conges- compared to representing 7.4% of Pitts- tion, and limited access to public transpor- POM–449. A resolution adopted by the burgh’s population; and tation. We believe the time has come to gen- House of Representatives of the State of Whereas, the NCRC’s analysis further re- erate additional economic growth and public Pennsylvania memorializing the Congress of flected that while low-income and moderate- transportation alternatives for Michigan and the United States to urge the Comptroller of income borrowers comprised 40.4% of the its residents by increasing passenger rail ca- the Currency for the United States Treasury households in the Pittsburgh Metropolitan pacity and service; Now, therefore, be it to add the Pittsburgh Metropolitan Statis- Statistical Area in 2006, they received a dis- Resolved by the Senate, That we memori- tical Area as a new Community Reinvest- proportionately small number of the bank’s alize Congress and the President to support ment Act assessment area for Bank of Amer- prime loans, 30.6%, and a larger share of additional funding for passenger rail cars on ica; to the Committee on Banking, Housing, subprime loans, 72.2%; and Michigan’s three train routes, to consider in- and Urban Affairs. Whereas, a merger of these institutions creasing capacity and routes in Michigan, HOUSE RESOLUTION NO. 789 would make Bank of America the largest and to consider the restoration of a second, lender in the Pittsburgh Metropolitan Sta- mid-day passenger train from Chicago to Whereas, Congress passed the Community tistical Area; and Grand Rapids; and be it further Reinvestment Act (CRA) in 1977, which Whereas, without oversight under the Resolved, That copies of this resolution be states that ‘‘regulated financial institutions Community Reinvestment Act, the credit transmitted to the President of the United have continuing and affirmative obligations needs of the local community could be dis- States, the President of the United States to help meet the credit needs of the local proportionately affected and impact the Senate, the Speaker of the United States communities in which they are chartered’’; level of lending, investments and services in House of Representatives, the members of and Pittsburgh’s underserved populations; there- the Michigan congressional delegation, the Whereas, the original act established a reg- fore be it Governor of Michigan, the Surface Transpor- ulatory mechanism for monitoring the level Resolved, That the House of Representa- tation Board, the United States Department of lending, investments and services in low- tives of the Commonwealth of Pennsylvania of Transportation, the Michigan Department income and moderate-income neighborhoods, memorialize the Congress of the United of Transportation, and Amtrak. traditionally underserved by lending institu- States to urge the Comptroller of the Cur- tions; and rency for the United States Treasury to add POM–451. A resolution adopted by the Gen- Whereas, in the spring of 1995, the Federal the Pittsburgh Metropolitan Statistical Area eral Court of the Commonwealth of Massa- regulatory agencies released new CRA regu- as a new Community Reinvestment Act as- chusetts relative to recommendations result- lations that outlined how Federal agencies sessment area for Bank of America; and be it ing from the New Bedford Fisheries Summit; are to assess the activities of lending institu- further to the Committee on Commerce, Science, tions in traditionally underserved neighbor- Resolved, That a copy of this resolution be and Transportation. hoods; and transmitted to the Pittsburgh Community Whereas, the regulations, which became ef- RESOLUTION Reinvestment Group in appreciation and rec- fective in January 1996, established three dif- Whereas, on May 28, 2008, a fisheries sum- ognition of its efforts in providing economic ferent tests for lending institutions, involv- mit was convened in New Bedford with the justice, equitable investment practices and ing the lending, investment and service purpose of sharing concerns regarding the sufficient financial resources to revitalize records of banks and provided a strategic conservation of stocks and maintenance and communities throughout Allegheny County; plan option in lieu of a regulator evaluation; survival of fishing communities with our and be it further congressional delegation; and and Resolved, That copies of this resolution be Whereas, examiners rate lending institu- Whereas, as a result of this summit, a set transmitted to the Comptroller of the Cur- tions as either ‘‘outstanding,’’ ‘‘satisfac- of recommendations was compiled to be for- rency for the United States Treasury and the tory,’’ ‘‘needs to improve’’ or ‘‘substantial warded to our congressional delegation re- presiding officers of each house of Congress noncompliance’’; and garding the regulations of the fishing indus- and to each member of Congress from Penn- Whereas, scores falling within the cat- try; and sylvania. egories of ‘‘needs to improve’’ or ‘‘substan- Whereas, the recommendations were as fol- tial noncompliance’’ can result in delays or lows: POM–450. A resolution adopted by the Sen- denials of mergers, acquisitions or expansion A) There should be a one-year delay in im- ate of the State of Michigan memorializing of services; and plementation of Amendment 16 to the North- the United States Congress and the Presi- Whereas, Countrywide Home Loans cur- east Multispecies Fishery Management Plan dent of the United States to support addi- rently issues the most single-family home to properly align the amendment with the tional funding to expand Amtrak’s capacity loans in the Pittsburgh Metropolitan Statis- 2010 deadlines set forth in the Magnuson Ste- and routes in Michigan; to the Committee on tical area at 4,763 loans and maintains 8.98% vens Reauthorization Act and until better Commerce, Science, and Transportation. of the market share; and scientific data is available; and Whereas, Bank of America is ranked tenth SENATE RESOLUTION NO. 200 B) The costs and benefits of management in the number of single-family home loans Whereas, ridership has increased 47 percent should be evaluated taking into account the issued in the Pittsburgh Metropolitan Sta- on all three Michigan Amtrak routes in the failure to maintain optimum yield and dis- tistical Area at 888 loans, or 1.67% of the last six years. The Wolverine route, from cards; and market share; and Pontiac through Detroit to Chicago, in- C) The National Oceanic and Atmospheric Whereas, the total market share of home creased its passenger load 2.5 percent in 2007 Administration approach to management loans in the Pittsburgh Metropolitan Statis- alone. The state-supported Blue Water route needs to be revised, considering and taking tical Area is likely to be 11.38% after the between Port Huron and Chicago saw in- into account the advice from the fishing in- merger of Countrywide Home Loans and creased ridership of 3 percent in 2007. Rider- dustry while maintaining the conservation Bank of America; and ship on the state-supported Pere Marquette of stocks; and Whereas, the most recent examination route between Grand Rapids and Chicago in- Whereas, under the leadership of our New under the Community Reinvestment Act did creased 2.8 percent. All three corridors expe- England coastal congressional members, not include the Commonwealth of Pennsyl- rienced sold-out trains in 2007, some on a these recommendations are being advocated vania or the Pittsburgh region as an official regular basis, which may have limited their for; therefore be it assessment area for Bank of America; and true earning potential. The trains contrib- Resolved, That the Massachusetts General Whereas, an analysis of fair lending prac- uted $500,000 of unanticipated ticket income Court respectfully urges the members of the tices conducted by the National Community to the state of Michigan; and Massachusetts congressional delegation and

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.041 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10652 CONGRESSIONAL RECORD — SENATE November 19, 2008 the leaders of the Congress of the United zens of affected areas have not been consid- Resolved, That the House of Representa- States to advocate for the recommendations ered and that the proposals no longer pro- tives of the Commonwealth of Pennsylvania set forth regarding the regulations of the mote aircraft noise reduction; and urge the Congress of the United States to re- fishing industry; and be it further Whereas, it is in the best interest of the store full funding for fiscal year 2009–2010 and Resolved, That a copy of these resolutions Commonwealth of Pennsylvania to oppose provide sufficient funding in the Federal fis- be forwarded by the clerk of the House of the FAA’s proposal to redesign the New cal year 2010–2011 budget and beyond for the Representatives to the Majority Leader of York/New Jersey/Philadelphia metropolitan National Oceanic and Atmospheric Adminis- the United States Senate, the Speaker of the airspace; therefore be it tration to fully fund at $2 million the Sus- United States House of Representatives and Resolved, That the House of Representa- quehanna Flood Forecasting and Warning the members of the Massachusetts congres- tives of the Commonwealth of Pennsylvania System to enable timely and accurate flood sional delegation. call upon the Congress of the United States forecasts and warnings to be issued by the to immediately suspend the FAA’s imple- National Weather Service for the Susque- POM–452. A resolution adopted by the mentation of the New York/New Jersey/ hanna River Basin; and be it further House of Representatives of the State of Philadelphia metropolitan airspace redesign Resolved, That the administrator of Na- Pennsylvania memorializing the Congress of and hold additional hearings seeking the tional Oceanic and Atmospheric Administra- the United States to oppose the New York/ input of elected officials and concerned citi- tion be urged to discontinue withholding New Jersey/Pennsylvania metropolitan air- zens; and be it further funds that are used for administrative pur- space redesign proposals; to the Committee Resolved, That a copy of this resolution be poses, are critically needed for program im- on Commerce, Science, and Transportation. transmitted to the Administrator of the Fed- plementation and are appropriated for the eral Aviation Administration and each mem- Susquehanna Flood Forecasting Warning HOUSE RESOLUTION NO. 673 ber of the Pennsylvania Congressional Dele- System; and be it further Whereas, the basic air traffic structure of gation now serving in the United States Sen- Resolved, That copies of this resolution be the New York/New Jersey/Philadelphia met- ate and House of Representatives. transmitted to the President of the United ropolitan area airspace was designed and im- States; the Director of the Office of Manage- plemented in the 1960s and was last modified POM–453. A resolution adopted by the ment and Budget; to the presiding officers of in 1987 with the Expanded East Coast Plan House of Representatives of the State of each house of Congress and to each member (EECP); and Pennsylvania relative to the Susquehanna of the Congress from Pennsylvania; the ad- Whereas, the EECP proved inadequate in Flood Forecasting and Warning System; to ministrators of the National Oceanic and At- addressing the changes in volume and type of the Committee on Commerce, Science, and mospheric Administration, to the United aircraft used by the National Airspace Sys- Transportation. States Geological Survey; the Assistant Sec- tem and also caused major noise problems HOUSE RESOLUTION NO. 929 retary of the Army for Civil Works; the Com- that resulted in a congressional mandate in mander, United States Army Corps of Engi- Whereas, the United States Army Corps of the Aviation Safety and Capacity Expansion neers North Atlantic Division; the District Engineers has fiscal year 2009–2010 operation Act of 1990, requiring the Federal Aviation Engineer, United States Army Corps of Engi- and maintenance funding for six or seven Administration (FAA) to perform an envi- neers Baltimore District; the Secretary of stream gauges between the New York border ronmental impact study of the EECP and Environmental Protection, the Secretary of and Harrisburg, Pennsylvania, that are a mitigate the noise; and Conservation and Natural Resources and the part of the Cooperative Streamgauging Net- Whereas, in the 1995 final environmental Secretary of Community and Economic De- work in the Susquehanna River Basin, neces- impact study, the FAA committed to miti- velopment of Pennsylvania; the Executive sitating stopgap measures to allow the gate noise in a follow-up regional study; and Director of the Pennsylvania Emergency United States Geological Survey to continue Whereas, in 2001, the FAA determined that Management Agency; the directors of all ongoing operation and maintenance of the aircraft noise pollution was the strongest county emergency management agencies in gauges; and the Pennsylvania portion of the Susque- and most widespread concern raised by the Whereas, Congress has reduced the appro- hanna River Basin; and the Executive Direc- public, however, the FAA failed to include priation and not made available the entire $2 the reduction of aircraft noise as a formal tor of the Susquehanna River Basin Commis- million necessary for the Susquehanna Flood sion. goal of its regional redesign project; and Forecasting and Warning System, which in- Whereas, on December 20, 2005, the FAA cludes the operation and maintenance of the POM–454. A resolution adopted by the Sen- issued a draft environmental impact state- stream gauges; and ment containing several proposals to rede- ate of the State of Pennsylvania relative to Whereas, the real time data provided by the natural gas market and energy policy; to sign the New York/New Jersey/Philadelphia the stream gauges is of critical importance metropolitan airspace; and the Committee on Energy and Natural Re- to water managers and others for a host of sources. Whereas, the airspace redesign involves a water management programs such as flood SENATE RESOLUTION NO. 375 31,000 square mile, five-state area with a pop- forecasting and warning, drought moni- ulation of 29 million residents and 21 air- toring, water quality monitoring, regulatory Whereas, the Natural Gas Policy Act ports, with particular focus placed on air purposes and recreational uses; and (NGPA) of 1978 authorizes the Federal En- traffic operations at five major airports, in- Whereas, the Susquehanna River Basin is ergy Regulatory Commission (FERC) to cluding the Philadelphia International Air- one of the most flood-prone watersheds in oversee the natural gas market; and Whereas, the United States Supreme Court port in the Commonwealth of Pennsylvania; the United States, with average annual flood has ruled that state regulatory agencies, and damages of nearly $150 million; and Whereas, the FAA began implementation Whereas, real time data are of particular such as the Pennsylvania Public Utility of the airspace redesign in December 2007; importance for timely and accurate flood Commission, have no authority over inter- and forecasts and warning activities in the Sus- state gas pipelines; and Whereas, the NGPA also continues the au- Whereas, the FAA did not conduct proper quehanna River Basin, where the Susque- thority of natural gas companies to acquire environmental reviews or seek proper input hanna Flood Forecasting and Warning Sys- private and public property through eminent from the public and air traffic controllers at tem has helped to prevent injury and loss of Philadelphia International Airport; and domain; and life, to reduce flood damages by tens of mil- Whereas, these various Federal public pol- Whereas, the FAA has shunned additional lions of dollars and to deliver a benefit-to- public hearing requests made by Federal and icy decisions and rulings have resulted in a cost ratio of 20:1; and proliferation of interstate natural gas pipe- State legislators representing affected areas; Whereas, these water resource manage- lines over which state and local governments and ment programs are inextricably linked to have no authority; and Whereas, since southeastern Pennsylvania the public health, safety and welfare of the Whereas, the FERC natural gas certifi- does not have a regional airport authority, it citizens of the Susquehanna River Basin; and cation process does not properly protect the lacks the ability to coordinate airport plan- Whereas, given the above considerations, Commonwealth of Pennsylvania’s natural re- ning and operations, ensuring underuse of re- there is a long-term, ongoing need for the op- sources; and gional airports and the overuse of the Phila- eration and maintenance of stream gauges Whereas, the FERC natural gas certifi- delphia International Airport; and for these various purposes and for sustain- cation process also fails to properly take Whereas, the Commonwealth should not able sources of funding to allow that need to into account the interests and values of appropriate State money for improvements be met in the future; and property owners; and to the infrastructure of the Philadelphia Whereas, in the interest of avoiding dupli- Whereas, some property owners state that International Airport until such time as the cation of effort, maximizing available re- they were not properly notified of a project FAA fully addresses the safety and environ- sources and promoting good government, the in their neighborhood, and the Natural Gas mental impact of the airspace redesign plan Susquehanna River Basin Commission plays Act of 1938 does not statutorily require that and offers a modified plan that incorporates an important coordinative role with Federal FERC hold a public hearing in the locality the use of regional airports; and and State agencies through the Susquehanna affected by a proposed gas pipeline; therefore Whereas, the New Jersey Coalition Against Flood Forecasting and Warning System and be it Aircraft Noise and the Citizens Coalition also provides important technical assistance Resolved, That the Senate of Pennsylvania Against Noise Pollution oppose these pro- and public information services to the sys- recognize fully the energy and environ- posals, arguing that the interests of the citi- tem; therefore be it mental challenges facing the Commonwealth

VerDate Aug 31 2005 04:54 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.044 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10653 of Pennsylvania in general and the United Resolved, That the House of Representa- the Honorable Mitch McConnell, Minority States in particular; and be it further tives of the Commonwealth of Pennsylvania Leader of the U.S. Senate; the Honorable Resolved, That the Senate believe that the urge the Congress of the United States to ex- Nancy Pelosi, Speaker of the U.S. House of demand for energy continues to be a concern ercise due diligence on behalf of the citizens Representatives; the Honorable John nationwide and that an effective national en- of this Commonwealth and of this nation by Boehner, Minority Leader of the U.S. House ergy policy must include increased emphasis implementing oversight, inquiry and inves- of Representatives; the Honorable Jeff on conservation, renewable energy, demand- tigation into gas and energy prices to ensure Bingaman, Chair of the U.S. Senate Com- side management, as well as increased pro- that these exceedingly high prices are both mittee on Energy and Natural Resources; the duction, and an emphasis on siting power necessary and ethically ascertained. Honorable Ted Stevens and the Honorable generation near demand; and be it further Lisa Murkowski, U.S. Senators, and the Hon- Resolved, That the Senate recognize that POM–456. A joint resolution adopted by the orable Don Young, U.S. Representative, an effective energy policy must be addressed Alaska State Legislature relative to revenue members of the Alaska delegation in Con- nationally but should reflect traditional generated from oil and gas development on gress; and all other members of the 110th State and local authority over environ- the outer continental shelf; to the Com- United States Congress. mental and energy matters; and be it further mittee on Energy and Natural Resources. Resolved, That the Senate urge the mem- SENATE JOINT RESOLUTION NO. 17 POM–457. A resolution adopted by the bers of the Pennsylvania Congressional Dele- House of Representatives of the State of gation to support legislation to amend sec- Whereas, under the Mineral Lands Leasing Act of 1920, the federal government shares Pennsylvania endorsing the request for Fed- tion 7(e) of the Natural Gas Act of 1938 to re- eral funding to address vitally important quire that the Federal Energy Regulatory with the states 50 percent of revenue from mineral production on federal land within water resource needs; to the Committee on Commission hold a public hearing in local- Environment and Public Works. ities prior to authorization if so requested; each state’s boundaries; and Whereas, the shared mineral production and be it further HOUSE RESOLUTION NO. 719 Resolved, That the Senate urge the mem- revenue is distributed to the states auto- Whereas, the water resources of the Com- bers of the Pennsylvania Congressional Dele- matically, outside of the budget process, and monwealth of Pennsylvania are vitally im- gation to further amend the Natural Gas Act is not subject to appropriation; and. portant for domestic purposes, production of Whereas, there is not a similar authority of 1938 so as to preserve the fundamental food and fiber, power generation, industrial for the federal government to share federal rights of the Commonwealth of Pennsylvania and commercial purposes and recreational oil and gas revenue generated on the outer and its local governments and its citizens to uses; and continental shelf with adjacent coastal determine the future of land-use polices; and Whereas, the Commonwealth of Pennsyl- states, despite the vital contribution made be it further vania is a member of several interstate river by those states to our nation’s energy, eco- Resolved, That copies of this resolution be basin commissions, including the Susque- nomic, and national security needs in sup- transmitted to the presiding officers of each hanna River Basin Commission, the Dela- port of production from the outer conti- house of Congress and to each member of ware River Basin Commission and the Inter- Congress from Pennsylvania. nental shelf; and Whereas, the states that sustain this crit- state Commission on the Potomac River Basin, hereinafter referred to as the ‘‘Mid- POM–455. A resolution adopted by the ical energy production and development de- serve a share of the revenue generated be- Atlantic Commissions’’; and House of Representatives of the State of Whereas, the jurisdiction of the Mid-Atlan- cause they provide infrastructure to support Pennsylvania urging the Congress of the tic Commissions encompasses approximately offshore operations and because of the envi- United States relative to gas and energy two-thirds of the land area of this Common- ronmental effects and other risks associated prices; to the Committee on Energy and Nat- wealth and approximately two-thirds of the with oil and gas development on the outer ural Resources. stream miles in the State; and HOUSE RESOLUTION NO. 546 continental shelf; and Whereas, under the Gulf of Mexico Energy Whereas, the Mid-Atlantic Commissions Whereas, coal, oil and natural gas cur- Security Act of 2006, the federal government provide invaluable water resource functions, rently provide more than 85% of all the en- recognized the contributions made by Ala- including planning and management activi- ergy consumed in the United States, which bama, Louisiana, Mississippi, and Texas to ties to avoid conflicts between states sharing accounts for nearly two-thirds of our elec- national security and agreed to give them the same watersheds and among water users; tricity consumption and virtually all of our 37.5 percent of revenue from oil and gas de- and transportation fuels; and velopment in newly leased federal waters in Whereas, the Mid-Atlantic Commissions Whereas, even with aggressive develop- were established by legislation enacted by ment and deployment of new renewable and the Gulf of Mexico; and Whereas, other coastal states, including the Commonwealth of Pennsylvania and the nuclear technologies, it is likely that this Alaska and California, also support and other member jurisdictions to each of the nation’s burgeoning and debilitating depend- should receive, on a regular and ongoing compacts, including the Federal Govern- ence on foreign oil will surely increase over basis, a fair share of revenue generated ment; and at least the next two decades; and through development on the outer conti- Whereas, the interstate compacts that Whereas, with continued strife in the Mid- were created as a result of this legislation dle East and unrest in other oil-producing re- nental shelf as compensation and reward for their contributions to the nation’s energy require their member jurisdictions, includ- gions, the price and supply of gas and energy ing the Federal Government, to provide equi- have grown increasingly unstable in today’s supply, security, and economy; and Whereas, there are presently 263 active oil table shares of funding in support of the Mid- complex, globalized economy; and and gas leases off Alaska’s coast, covering Atlantic Commissions’ annual expense budg- Whereas, the Department of Energy fore- ets; and casts a sharp and definite spike in gas and more than 550,000 hectares; and Whereas, since statehood, oil and gas pro- Whereas, the Federal Government has pro- energy prices over the winter months, fur- vided no direct funding to the Mid-Atlantic ther crippling consumers of this nation, es- duction from the outer continental shelf off Alaska’s coast has generated millions of dol- Commissions for the past decade in fulfill- pecially those living in the northeast; and ment of its interstate compact obligations, Whereas, more than 50% of this Common- lars in revenue for the federal government; resulting in the burden of financial responsi- wealth’s citizens and 58% of this nation’s and bility being shifted to the member states of households utilize natural gas, forcing fami- Whereas, the February 2008 lease sale in the Mid-Atlantic Commissions, including the lies with low income to spend 10% of their the Chukchi Sea generated an additional Commonwealth of Pennsylvania; and annual incomes on energy costs; and $2,600,000,000 in revenue for the federal gov- Whereas, America’s economic viability, na- ernment; Whereas, the President of the United tional security and citizens’ welfare depend Be it Resolved, that the Alaska State Leg- States did not request funding in his budget on the continued availability of reliable and islature urges the United States Congress to request for fiscal year 2009 to fulfill the Fed- affordable fossil fuels; and provide a means for consistently sharing, on eral Government’s equitable share of funding Whereas, the economic duress of this na- an ongoing basis, revenue generated from oil in support of the Mid-Atlantic Commissions’ tion is further exacerbated by increasing en- and gas development on the outer conti- annual expense budgets for fiscal year 2009; ergy prices, thus depressing consumer spend- nental shelf with all coastal energy-pro- and ing, which accounts for two-thirds of eco- ducing states to ensure that those states de- Whereas, the 110th Congress of the United nomic activity in the United States; and velop, support, and maintain necessary infra- States, in its first session, enacted the Water Whereas, the lack of oversight and inquiry structure and preserve environmental integ- Resources Development Act of 2007; and by Congress into the energy policy of this rity. Whereas, section 5019(b) of the Water Re- nation resulted in the five largest United Copies of this resolution shall be sent to sources Development Act of 2007 requires the States refineries earning $228 billion in prof- the Honorable George W. Bush, President of Secretary of the Army to allocate funds to its from 2001 to 2005; and the United States; the Honorable Richard B. the Mid-Atlantic Commissions to fulfill the Whereas, these unscrupulous and inordi- Cheney, Vice-President of the United States equitable funding requirements of the re- nate profits were procured on the backs of and President of the U.S. Senate; the Honor- spective interstate compacts; and hard-working Americans who struggle just able Dirk Kempthorne, United States Sec- Whereas, the Mid-Atlantic Commissions to fill their gas tanks and heat their homes; retary of the Interior; the Honorable Harry have officially requested that funding be in- therefore be it Reid, Majority Leader of the U.S. Senate; cluded in the fiscal year 2009 Energy and

VerDate Aug 31 2005 04:54 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.068 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10654 CONGRESSIONAL RECORD — SENATE November 19, 2008 Water Development Appropriations Bill in Whereas, House Resolution 897 authorized POM–459. A joint resolution adopted by the the amount of $1 million for the Susque- the appointment of a four-member legisla- Alaska State Legislature opposing the enact- hanna River Basin Commission, $715,000 for tive task force and an advisory committee to ment of the Protect America’s Wildlife Act the Delaware River Basin Commission and assist the task force in this undertaking; and of 2007 that intends to prohibit aerial hunt- $650,000 for the Interstate Commission on the Whereas, the advisory committee estab- ing of wildlife; to the Committee on Environ- Potomac River Basin; and lished under House Resolution 897 rep- ment and Public Works. Whereas, Federal funding is needed for the resented a broad range of expertise and in- CSHJR 31(RES) Mid-Atlantic Commissions to address vitally terests and included attorneys, geologists, important water resource needs, among engineers, land use planners, representatives Whereas the Alaska Department of Fish them the establishment of flow targets to of local and county governments, representa- and Game has experienced and knowledge- guide the Susquehanna River Basin Commis- tives of community development organiza- able biologists familiar with Alaska wildlife; sion’s management of major withdrawals in tions, environmental advocates, representa- and the Susquehanna River Basin, the initiation tives of Communities First!, the executive Whereas the Alaska Board of Game openly of flood mitigation activities in the Dela- director of the Joint Legislative Air and discusses game management at board meet- ware River Basin and the coordination with Water Pollution Control and Conservation ings and makes decisions based on scientific community leaders on drinking water source Committee, a representative from the De- data; and water protection activities; therefore be it partment of Conservation and Natural Re- Whereas Alaska is a sovereign government Resolved, That the House of Representa- sources, a representative from the Depart- tives of the Commonwealth of Pennsylvania within the United States with its own Board ment of Environmental Protection and a rep- of Game responsible for managing the wild- wholeheartedly endorse the request of the resentative from the Department of Trans- Mid-Atlantic Commissions for funding from life asset to be utilized, developed, and main- portation; and the Federal Government in fiscal year 2009; tained on the sustained yield principle, sub- Whereas, the task force and advisory com- ject to preferences among beneficial uses, and be it further mittee noted that possible issues contrib- Resolved, That all members of the Com- under art. VIII, sec. 4, Constitution of the uting to the Kilbuck landslide included geo- monwealth of Pennsylvania’s Congressional State of Alaska; and logically hazardous conditions at the site, Delegation are strongly encouraged to ac- Whereas many areas in Alaska are acces- inadequate coordination among regulatory tively support the funding request of the sible only by boat or aircraft; and decisionmakers and lack of capacity by some Mid-Atlantic Commissions; and be it further Whereas Alaska presents unique living and Resolved, That the United States Senate municipalities, particularly with respect to approvals of large, complex developments; wildlife situations of which many people out- and the United States House of Representa- side the state might not be aware; and tives Appropriations Subcommittees on En- and ergy and Water Development be urged to Whereas, the task force and advisory com- Whereas there is no shortage of predators place a high priority on the request of the mittee agreed to address the following seven in Alaska; and Mid-Atlantic Commissions and to include subject areas that could help prevent the oc- Whereas predator imbalance will destroy said request in the fiscal year 2009 Energy currence of such landslides: other species that are important to the eco- and Water Development Appropriations Bill; (1) revisions to the Pennsylvania Munici- system of Alaska; and and be it further palities Planning Code; Whereas there is legislation before the Resolved, That pursuant to the require- (2) regional planning and review; (3) resources to local governments; United States Congress to prevent aerial ments of section 5019(b) of the Water Re- (4) the permitting and inspection process; predator control; and sources Development Act of 2007, the Sec- (5) coordination of agencies’ actions; Whereas the use of aircraft is a necessary retary of the Army be urged to recommend (6) standing and jurisdiction; and tool for managing the asset of game animals funds for the Mid-Atlantic Commissions in (7) disclosure of geologic concerns; and to provide for abundance for personal use in the fiscal year 2010 budget it submits to the Whereas, the task force and advisory com- Alaska; and mittee reached consensus on findings and Office of Management and Budget; and be it Whereas much of Alaska’s wildlife rep- further recommendations as contemplated by House Resolved, That pursuant to the require- Resolution 897; and resents a natural food source for many Alas- ments of the interstate compacts of the Mid- Whereas, on June 9, 2008, the task force au- kans; therefore, be it Atlantic Commissions, the President of the thorized the release of the report of the task Resolved, That the Alaska State Legisla- United States be urged to include funds for force and advisory committee and the intro- ture urges all members of the United States the Federal Government’s equitable share of duction of the legislation contained in the Congress to oppose H.R. 3663, the Protect funding in support of the Mid-Atlantic Com- report; and America’s Wildlife Act of 2007; and be it fur- missions’ 2010 budget in the President’s 2010 Whereas, as part of the findings and rec- ther budget request; and be it further ommendations contained in the report, the Resolved, That management of fish and Resolved, That the Senate of the Common- task force and advisory committee acknowl- game in Alaska should be left to the experts wealth of Pennsylvania and the governors edged that further consideration, discussion in state. Copies of this resolution shall be and general assemblies of the other member and analysis should be given to the subject sent to the Honorable George W. Bush, Presi- states of the Mid-Atlantic Commissions be of developments of regional significance and dent of the United States; the Honorable urged to consider the adoption of similar res- impact, which was addressed only briefly in Richard B. Cheney, Vice President of the olutions; and be it further the report; and United States; and President of the U.S. Sen- Resolved, That a copy of this resolution be Whereas, the members of the task force ate; the Honorable Ted Stevens and the Hon- transmitted to the President of the United and advisory committee desired to continue orable Lisa Murkowski, U.S. Senators, and States, the chairmen and ranking members their work regarding the subject of develop- the Honorable Don Young, U.S. Representa- of the United States Senate and United ment of regional significance and impact; tive, members of the Alaska delegation in States House of Representatives Appropria- and Congress; and all other members of the 110th tions Subcommittees for Energy and Water Whereas, the task force recommended that United States Congress. Development, the Secretary of the Army, the further consideration, discussion and anal- director of the Office of Management and ysis regarding the subject of developments of Budget, each member of Congress from Penn- regional significance and impact should be POM–460. A resolution adopted by the Sen- sylvania and the governors and general as- authorized by a new resolution; therefore be ate of the State of Michigan memorializing semblies of New Jersey, Delaware, Maryland, it the United States Congress to enact legisla- New York, Virginia and West Virginia. Resolved, That the Joint State Government tion to help revitalize the economy in states Commission be authorized to reconstitute with exceptionally high rates of unemploy- POM–458. A resolution adopted by the the task force and advisory committee es- ment by the creation of a Recovery State House of Representatives of the State of tablished under House Resolution 897 to con- Renaissance Zone Act; to the Committee on Pennsylvania directing the Joint State Gov- duct an in-depth study of the subject of de- Finance. ernment Commission to conduct an in-depth velopments of regional significance and im- SENATE RESOLUTION NO. 222 study of the subject of developments of re- pact; and be it further gional significance and impact; to the Com- Resolved, That the composition of the re- Whereas, our nation, the state of Michigan mittee on Environment and Public Works. constituted advisory committee be modified in particular, is being buffeted by the tumul- HOUSE RESOLUTION NO. 845 as necessary and that additional persons tuous seas of economic change. Global manu- Whereas, on September 19, 2006, a massive may be appointed as members of the advi- facturing shifts have had a disproportionate landslide occurred in Kilbuck Township, Al- sory committee; and be it further impact on the Great Lake State’s manufac- legheny County; and Resolved, That the Joint State Government turing sector. Indeed, despite years of diver- Whereas, on October 24, 2006, the House of Commission compile a report based on the sifying our economy and streamlining our Representatives adopted House Resolution findings and recommendations of the recon- state’s governmental operations, Michigan 897, which directed the Joint State Govern- stituted task force and advisory committee continues to be one of those states trapped ment Commission to conduct an in-depth in- and submit the report to the House of Rep- in this economic maelstrom; and vestigation into the September 19, 2006, land- resentatives as soon as possible but no later Whereas, according to the latest U.S. De- slide and compile a report on its findings and than two years following the adoption of this partment of Labor employment statistics, recommendations; and resolution. Michigan continues to lead the nation in the

VerDate Aug 31 2005 04:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.071 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10655 rate of unemployment. Our average unem- jobs, will attract tens of billions of dollars in seeking to recover damages from the Exxon ployment rate has exceeded the national av- investment within the next year, and will Valdez oil spill, suffered economically as a erage by more than 50 percent in each of the continue to create thousands of jobs at high, result of the oil spill and, as a result, lost past two calendar years, and the state is on medium, and entry levels; and the opportunity to establish retirement track to break this mark again in 2008. This Whereas, extending the federal investment plans or were limited in their ability to save disparity clearly points to the fact that and production tax credits for renewable en- for retirement; and Michigan cannot wait for its long-term eco- ergy sources will foster new business oppor- Whereas these Alaskans would benefit nomic development initiatives to see fru- tunities within California and generate rev- from the contributions to retirement ac- ition. The need for federal assistance in our enue for local economies; now, therefore, be counts they could make by using money re- efforts is immediate and pressing; and it ceived from the award of damages; and Whereas, Congress must enact a federal Resolved by the Senate and the Assembly of Whereas H.R. 2419, sec. 12801, would benefit law that mirrors Michigan’s Renaissance the State of California, jointly, That the Legis- these commercial fishermen by authorizing Zone statute to create federal Renaissance lature of the State of California encourages increases in the deductions and income caps Zones. States with average unemployment the President and the Congress of the United applicable to traditional individual retire- rates of 50 percent above the national aver- States to provide a long-term extension of ment accounts, Roth IRAs, and other quali- age for at least the past two years must be the investment and production tax credits fied retirement plans to the extent of the designated as renaissance states. As renais- for all renewable energy technologies; and be amount of the damage award; and Whereas the bill would authorize indi- sance states, they would qualify for two re- it further vidual plaintiffs to average income from the covery benefits: (1) a statewide 100 percent Resolved, That the Secretary of the Senate award for tax purposes over the period Janu- increase in the federal investment tax credit; transmit copies of this resolution to the ary 1, 1994, through the end of the year in and (2) the ability to designate certain areas President and Vice President of the United States, to the Speaker of the House of Rep- which the award is made: Therefore be it of the state as exempt from federal corporate Resolved, That the Alaska State Legisla- taxes with a cap of $1 billion per year; now, resentatives, to the Majority Leader of the Senate, and to each Senator and Representa- ture urges the United States Congress to therefore, be it enact H.R. 2419, sec. 12801, to provide relief to Resolved by the Senate, That we hereby tive from California in the Congress of the United States. those individuals who suffered economic memorialize the Congress of the United damages as a result of the Exxon Valdez oil States to enact legislation to help revitalize spill. the economy in states with exceptionally POM–462. A joint resolution adopted by the Alaska State Legislature opposing the impo- high rates of unemployment by the creation POM–464. A joint resolution adopted by the sition of the milk tax on Alaskans; to the of a Recovery State Renaissance Zone Act; Alaska State Legislature urging the United Committee on Finance. and be it further States Congress to repeal sec. 511 of P.L. 109– Resolved, That copies of this resolution be HOUSE JOINT RESOLUTION NO. 16 222 (Tax Increase Prevention and Reconcili- transmitted to the President of the United Whereas Alaska residents consume more ation Act of 2005); to the Committee on Fi- States Senate, the Speaker of the United milk, cheese, butter, yogurt, and other dairy nance. States House of Representatives, and the products than Alaska dairy farmers are able CSHJR NO. 41 to produce, making Alaska a ‘‘milk-deficit’’ members of the Michigan congressional dele- Whereas sec. 511 of P.L. 109–222 (Tax In- gation. state; and Whereas, because of their milk-deficit sta- crease Prevention and Reconciliation Act of 2005) will require states, cities, counties, and tus, the United States Congress wisely ex- POM–461. A joint resolution adopted by the boroughs that spend more than $100,000,000 cluded Alaska, Hawaii, and Puerto Rico from California Legislature encouraging the each year on goods and services after Decem- the mandatory dairy promotion assessment President and the Congress of the United ber 31, 2010, to withhold three percent of or ‘‘milk tax’’ of the Dairy Production Sta- States to provide a long-term extension of their payments to nearly all vendors and bilization Act of 1983; and the investment and production tax credits contractors for federal income purposes and for all renewable energy technologies; to the Whereas this exemption was maintained in the Farm Security and Rural Investment to report nonwage payments; and Committee on Finance. Whereas sec. 511 of P.L. 109–222 (Tax In- Act of 2002; and SENATE JOINT RESOLUTION NO. 27 Whereas the National Milk Producers Fed- crease Prevention and Reconciliation Act of 2005) was added by a congressional con- Whereas, a diverse energy portfolio will re- eration and other dairy interests in the ference committee without benefit of any sult in a reduction of greenhouse gas emis- lower 48 states want to extend the milk tax public hearings in either the United States sions, create jobs, stimulate economic to Alaska dairy farmers; and growth and investment, and encourage a se- Whereas the milk tax would require Alaska House of Representatives or the United cure energy future; and dairy farmers to pay into the national dairy States Senate; and Whereas, although sec. 511 of P.L. 109–222 Whereas, a diverse energy portfolio will promotion program that presently benefits (Tax Increase Prevention and Reconciliation better position the nation’s energy system to only the lower 48 states and does nothing to Act of 2005) was inserted into the legislation respond to new local, regional, and environ- help Alaska dairy farmers or consumers; and mental challenges and population growth, Whereas Alaska dairy farmers and con- to save approximately $7,000,000,000 in federal taxes between 2011 and 2015, the effect of the and will take advantage of the development sumers cannot benefit from the various dairy provision is to increase the burden and costs of new technologies that will lower the cost promotion, advertising, and research pro- to state and local governments by making of renewable energy; and grams funded by the milk tax imposed on these governments uncompensated and in- Whereas, Congress has shown a multiyear milk marketed by dairy farmers in the lower voluntary federal tax collectors because no commitment to supporting the development 48 states; and federal funding is provided to cover the costs of a diverse energy portfolio by imple- Whereas the mandatory dairy promotion of implementing sec. 511 of P.L. 109–222 (Tax menting and repeatedly extending federal assessment would constitute an onerous, Increase Prevention and Reconciliation Act tax credits for renewable energy; and costly, and unacceptable new milk tax on all of 2005); and Alaskans, including dairy farmers, con- Whereas, extending the federal investment Whereas sec. 511 of P.L. 109–222 (Tax In- sumers, school children, day care centers, and production tax credits will ensure con- crease Prevention and Reconciliation Act of tinued robust growth of the renewable en- residents of rural Alaska, Alaska Natives, 2005) creates another unfunded federal man- ergy industry, which will help protect the small businesses, and others who would be date that will add a cost to state and local American economy from energy shortages forced to pay more for milk and dairy prod- governments that exceeds the threshold of and price spikes that are harmful to business ucts that already are among the most expen- P.L. 104–04 (Unfunded Mandates Reform Act and consumers and are disruptive to invest- sive in the nation: be it of 1995), and sec. 511 of P.L. 109–222 (Tax In- Resolved, That the Alaska State Legisla- ment; and crease Prevention and Reconciliation Act of ture strongly condemns and resolutely op- Whereas, in 2008, there were over 42,000 2005) will therefore short-circuit the public poses imposition of the milk tax on Alas- megawatts of renewable energy power gen- process required by P.L. 104–04 (Unfunded eration projects under development in 45 kans. Mandates Reform Act of 1995) and thus vio- states; and POM–463. A joint resolution adopted by the late that Act; and Whereas, the federal investment and pro- Whereas the Department of Administra- Alaska State Legislature urging the United duction tax credits will provide the market tion, the University of Alaska, the Munici- States Congress to enact H.R. 2419, sec. 12801; stability and investor confidence that is nec- pality of Anchorage, the Fairbanks North essary in the wind, solar, geothermal, small to the Committee on Finance. Star Borough, and the Anchorage School irrigation power, municipal solid waste, non- CSHJR NO. 14 District, all governmental entities in Alaska com ethanol-based closed-loop and open-loop Whereas it is well documented that the that are affected by sec. 511 of P.L. 109–222 biomass, and small hydropower sectors to Exxon Valdez oil spill has adversely affected (Tax Increase Prevention and Reconciliation encourage increased investment and growth the coastal region of the state and affected Act of 2005), have expressed serious concerns in these technologies; and, the economic status of communities in this about it and have urged its repeal; and Whereas, extending the federal investment region for many years; and Whereas local governmental officials have and production tax credits for renewable en- Whereas the state’s commercial fishermen, stated that sec. 511 of PL. 109–222 (Tax In- ergy sources will create more than 100,000 who make up 80 percent of the plaintiffs crease Prevention and Reconciliation Act of

VerDate Aug 31 2005 04:57 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.074 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10656 CONGRESSIONAL RECORD — SENATE November 19, 2008 2005) will be extremely difficult and expen- the Municipality of Anchorage may have to Federal Government and patient advocacy sive to implement, requiring major program- be discontinued, and the use of checks, which organizations, such as the Hydrocephalus As- ming changes to financial and accounting are slower and more costly, may be re- sociation; therefore be it systems and the hiring of additional staff; instituted; the Municipality of Anchorage’s Resolved, That the Senate urge the Federal and online purchasing system will have to be Government to collect comprehensive statis- Whereas, because of the three percent modified and likely will no longer be cost-ef- tical and data regarding the seriousness of withholding requirement, local businesses fective; and hydrocephalus and its impact on American will be discouraged from bidding on state Whereas the additional costs of complying families; and be it further and local governmental contracts for prod- with sec. 511 of P.L. 109–222 (Tax Increase Resolved, That the Senate designate the ucts and services, thereby dampening com- Prevention and Reconciliation Act of 2005) month of November 2008 as ‘‘Hydrocephalus petitive bidding and driving up the prices to will place the State of Alaska and Alaska Awareness Month’’ in Pennsylvania so that offset the three percent withholding, and local governments at a competitive dis- Pennsylvanians can become more familiar this, in turn, is likely to increase the cost of advantage in the procurement of goods and with hydrocephalus and the individuals dedi- procurement by state and local governments; services; and cated to finding its cure. and Whereas, as a result of these burdens and Whereas sec. 511 of P.L. 109–222 (Tax In- difficulties, the state and affected local gov- POM–466. A resolution adopted by the crease Prevention and Reconciliation Act of ernments believe that sec. 511 of P.L. 109–222 House of Representatives of the State of 2005) will pose significant difficulties for the (Tax Increase Prevention and Reconciliation Pennsylvania expressing support for Na- State of Alaska in its efforts to procure Act of 2005) will not accomplish its stated tional Food Safety Education Month; to the goods and services for the state, because goal of closing the budget gap; and Committee on Health, Education, Labor, and (1) the state accounting system is 23 years Whereas these concerns were previously Pensions. old and cannot accommodate mandatory expressed by the state to the United States HOUSE RESOLUTION NO. 896 backup withholding; Congress through the National Association Whereas, in 1994, the National Restaurant (2) it would take about a year to make the of State Auditors, Comptrollers and Treas- Association Educational Foundation’s necessary systemic changes and require sub- urers; and (NRAEF) International Food Safety Council stantial additional record keeping to rec- Whereas S. 777 and H.R. 1023 have been in- created ‘‘National Food Safety Education oncile the amounts paid to vendors and those troduced in the 110th United States Congress Month’’ as an annual campaign; and amounts reported and remitted to the Inter- to repeal sec. 511 of P.L. 109–222 (Tax In- Whereas, the purpose of ‘‘National Food nal Revenue Service; crease Prevention and Reconciliation Act of Safety Education Month’’ is to strengthen (3) obtaining exemptions to sec. 511 of P.L. 2005): Therefore be it food safety education and training among 109–222 (Tax Increase Prevention and Rec- Resolved, That the Alaska State Legisla- persons in the restaurant and food service onciliation Act of 2005) would be difficult and ture urges the United States Congress to re- business and to educate the public on the costly; and peal sec. 511 of P.L. 109–222 (Tax Increase safe handling and preparation of food; and (4) vendors might inflate their bids to com- Prevention and Reconciliation Act of 2005). pensate for the tax withheld, resulting in Whereas, there are more than 200 known foodborne diseases caused by viruses, toxins higher prices to the state; and POM–465. A resolution adopted by the Sen- and metals and usually stemming from the Whereas the state government accounting ate of the State of Pennsylvania relative to improper handling, preparation or storage of system does not currently have the capa- hydrocephalus; to the Committee on Health, food; and bility to withhold vendor payments, and the Education, Labor, and Pensions. state need only report payments for services Whereas, bacteria are the common cause of over $600 a year to each unincorporated ven- SENATE RESOLUTION NO. 406 the foodborne illness; and dor; sec. 511 of P.L. 109–222 (Tax Increase Pre- Whereas, hydrocephalus is a serious neuro- Whereas, foodborne illness costs the United vention and Reconciliation Act of 2005) will logical condition, characterized by the ab- States economy billions of dollars each year increase the accounting burden on the state normal buildup of cerebrospinal fluids in the in lost productivity, hospitalization, long- by ventricles of the brain; and term disability and even death; and (1) requiring most but not all payments, no Whereas, there is no known cure for hydro- Whereas, the United States Department of matter how small, to be reported, an ex- cephalus, which affects an estimated one Agriculture estimated that in 2000, medical tremely expensive and burdensome mandate; million Americans; and costs and losses in productivity resulting (2) requiring payments to all corporations Whereas, out of every 1,000 babies, one to from five bacterial foodborne pathogens was to be reported, significantly increasing the two are born with hydrocephalus; and $6.9 billion; and number of vendors for which information re- Whereas, more than 375,000 older Ameri- Whereas, it is estimated that in 2001 the ports would have to be submitted to the In- cans have hydrocephalus, which often goes annual cost of salmonellosis caused by the ternal Revenue Service; undetected or misdiagnosed as dementia, Salmonella bacteria was $2.14 billion, includ- (3) requiring withholding on credit card Alzheimer’s disease or Parkinson’s disease; ing medical costs, the cost of time lost from purchases, a process unknown complexity; and work and the cost or value of premature and Whereas, with appropriate diagnosis and death; and (4) exempting certain types of payments treatment, people with hydrocephalus are Whereas, the Centers for Disease Control that will likely require manual intervention, able to live full and productive lives; and and Prevention (CDC) estimates that in the which would drive up the cost of compliance Whereas, the standard treatment for hy- United States, there are 76 million illnesses, with sec. 511 of P.L. 109–222 (Tax Increase drocephalus was developed in 1952 and carries 325,000 hospitalizations and 5,000 deaths per Prevention and Reconciliation Act of 2005) multiple risks, including shunt failure, infec- year due to consumption of food contami- even further; and tion and over drainage; and nated with pathogenic microorganisms; and Whereas government agencies will have to Whereas, there are fewer than ten centers Whereas, numerous cases have occurred in obtain employee identification numbers or in the United States specializing in the the United States and the Commonwealth of social security numbers for numerous indi- treatment of adults with normal pressure Pennsylvania: 2007—Salmonella from peanut vidual vendors to allow reporting to the In- hydrocephalus; and butter in 44 states, 425 cases; 2006—E. coli in ternal Revenue Service, thereby invading Whereas, each year, the people of the eight states from fresh spinach, 205 cases, in- those citizens’ rights of privacy and exposing United States spend in excess of $1 billion to cluding 3 deaths; and 2003—hepatitis A from them to the dangers of identity theft; and treat hydrocephalus; and Chi-Chi’s sourced green onions in the Com- Whereas complying with sec. 511 of P.L. Whereas, a September 2005 conference monwealth of Pennsylvania; and 109–222 (Tax Increase Prevention and Rec- sponsored by seven institutes of the National Whereas, up to 2,000 cases of salmonellosis onciliation Act of 2005) will have serious ad- Institutes of Health, and entitled, ‘‘Hydro- occur each year in the Commonwealth of verse effects on the procurement practices of cephalus: Myths, New Facts, Clear Direc- Pennsylvania; and larger local governments in Alaska; for ex- tions,’’ resulted in efforts to initiate new, Whereas, following four simple steps, con- ample, the Municipality of Anchorage, the collaborative research and treatment efforts; sumers can keep food safe from bacteria: state’s largest city, with a population of and clean—wash hands and surfaces often; sepa- about 261,446, which is 42 percent of the Whereas, the Hydrocephalus Association is rate—do not cross-contaminate; cook—cook State’s total population, will incur costs of one of the nation’s oldest and largest patient to proper temperature; and chill—refrigerate approximately $250,000 a year to reprogram and research advocacy and support networks promptly; therefore be it municipal computers and financial systems, for individuals suffering from hydrocephalus; Resolved, That the House of Representa- plus an estimated $100,000 to $200,000 a year and tives of the Commonwealth of Pennsylvania of additional costs for ongoing operating ex- Whereas, further research into the epide- express full and enthusiastic support for penses; the Municipality of Anchorage’s fi- miology, pathophysiology, disease burden ‘‘National Food Safety Education Month’’ in nancial computer system is not set up for and improved treatment of hydrocephalus September 2008; and be it further this procedure and will require extensive should be conducted or supported; and Resolved, That copies of this resolution be modifications at a significant cost, including Whereas, public awareness and professional transmitted to the presiding officers of each the hiring of at least one full-time municipal education regarding hydrocephalus should house of Congress and to each member of employee; the use of procurement cards by increase through partnerships between the Congress from Pennsylvania.

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.077 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10657 POM–467. A resolution adopted by the nished hospital care, medical services, and through and continue to expand on the com- House of Representatives of the State of possibly nursing home care; and mitments made. Full funding, regulatory Michigan memorializing the Congress and Whereas, several studies performed at flexibility, and a cooperative and collabo- the President of the United States to enact internationally recognized research institu- rative relationship with the states and local the Breast Cancer Patient Protection Act; to tions, including St. Jude Children’s Research schools are needed to maintain the momen- the Committee on Health, Education, Labor, Hospital, have linked Parkinson’s disease to tum; now, therefore, be it and Pensions. Agent Orange and other pesticides. Research Resolved by the House of Representatives, HOUSE RESOLUTION NO. 296 work at St. Jude Children’s Research Hos- That we urge the Congress of the United Whereas, in spite of progress that has been pital linked genetic alterations associated States and the U.S. Department of Agri- made in its diagnosis and treatment, breast with an increased risk of Parkinson’s disease culture to continue to promote and prioritize cancer remains one of the most serious to pesticide exposures; and the establishment of local farm-to-school threats to the health of women. Its dev- Whereas, Parkinson’s disease should be initiatives; and be it further astating impact is felt across our country. added to the VA list of recognized diseases Resolved, That copies of this resolution be According to the American Cancer Society, associated with Agent Orange. The Depart- transmitted to the President of the United excluding cancers of the skin, breast cancer ment of Veterans Affairs Regional Office in States Senate, the Speaker of the United is the most common cancer among women Winston-Salem, North Carolina, has deter- States House of Representatives, the mem- and accounts for one of every 4 cancers diag- mined in two cases that the Parkinson’s dis- bers of the Michigan congressional delega- nosed. It is estimated that 178,000 new cases ease of veterans could have been caused by tion, and the Secretary of Agriculture. of invasive breast cancer were identified in their contact with Agent Orange while on ac- 2007 and that an estimated 40,000 women tive military duty; now, therefore, be it POM–470. A joint resolution adopted by the Resolved by the House of Representatives, died; and California Legislature relative to Whereas, although the frightening realities That we memorialize the United States Con- fibromyalgia; to the Committee on Health, of breast cancer can strike any woman, suc- gress to acknowledge that the neurological Education, Labor, and Pensions. cess in combating the disease is, unfortu- disorder known as Parkinson’s disease can be SENATE JOINT RESOLUTION NO. 25 caused by exposure to Agent Orange and to nately, less universal. A patient’s chances of Whereas, fibromyalgia is defined by the require that the United States Department survival are increased with early identifica- American College of Rheumatology as a dis- of Veterans Affairs offer assistance to U.S. tion of the disease, access to good care at all abling pain condition. Fibromyalgia symp- Military members who, while serving their stages of treatment, and comprehensive toms include chronic pain throughout the country, have acquired Parkinson’s disease monitoring afterwards; and body, extreme fatigue, sleep disorders, stiff- through their exposure to Agent Orange; and Whereas, congress is considering legisla- ness, weakness, migraine headaches, and im- be it further tion that would take a strong step in the ef- pairment of memory and concentration; and Resolved, That copies of this resolution be fort to combat breast cancer in our country. Whereas, fibromyalgia is a common condi- transmitted to the President of the United The Breast Cancer Patient Protection Act, tion with no known cure that affects women, States Senate, the Speaker of the United S. 459 and H.R. 758, would require health men, and children of all ethnicities; and States House of Representatives, the mem- plans to provide coverage for minimum hos- Whereas, an estimated 10 million people in bers of the Michigan congressional delega- pital stays for mastectomies, lumpectomies, the United States and millions of people tion, and the Secretary of the U.S. Depart- and lymph node dissection for the treatment worldwide have been diagnosed with ment of Veterans Affairs. of breast cancer, as well as secondary con- fibromyalgia; and sultations. Among the legislation’s specific Whereas, there is no test for fibromyalgia, POM–469. A resolution adopted by the provisions is a requirement that a patient so it often takes an average of five years to House of Representatives of the State of undergoing a mastectomy or lumpectomy to receive a diagnosis. Furthermore, medical Michigan urging the Congress of the United treat breast cancer be permitted a hospital professionals are frequently inadequately States and the United States Department of stay of no less than 48 hours; and educated on diagnosis and treatment of Agriculture to continue to promote and Whereas, the Breast Cancer Patient Pro- fibromyalgia; and prioritize the establishment of local farm-to- tection Act would increase access to a level Whereas, many fibromyalgia patients find school initiatives; to the Committee on of care that can save lives and mitigate suf- themselves underinsured or uninsured be- Health, Education, Labor, and Pensions. fering; now, therefore, be it cause they are too sick to work or have been Resolved, By the House of Representatives, HOUSE RESOLUTION NO. 413 denied health care coverage and access to that we memorialize the Congress and the Whereas, local farm-to-school initiatives treatments because they have fibromyalgia; President of the United States to enact the improve child nutrition and promote local and Breast Cancer Patient Protection Act; and farming communities. These programs em- Whereas, fibromyalgia costs the United be it further phasize the purchase and availability of States health care system $20 billion annu- Resolved, That copies of this resolution be fresher and more nutritious local foods for ally and strongly impacts families who expe- transmitted to the Office of the President of consumption in schools. In addition, they rience lost wages and extensive out-of-pock- the United States, the President of the provide an opportunity for students to gain a et medical costs; and United States Senate, the Speaker of the greater appreciation of where their food Whereas, the California Legislative Wom- United States House of Representatives, and comes from and enhance markets for local en’s Caucus recognizes that 80 percent of the members of the Michigan congressional farmers. Strong local markets reduce food fibromyalgia patients are women, that hun- delegation. costs and fuel use associated with trans- dreds of thousands of those affected by porting foods long distances and increase fibromyalgia live in California, and that POM–468. A resolution adopted by the food security; and there is an urgent need to respond to the House of Representatives of the State of Whereas, the federal government plays a vast needs of this patient population; and Michigan relative to Agent Orange and Par- critical role in the success of local farm-to- Whereas, the California Legislative Wom- kinson’s disease; to the Committee on school initiatives. Federal support can make en’s Caucus has taken the National Health, Education, Labor, and Pensions. the difference between a successful farm-to- Fibromyalgia Association’s Pledge to Care HOUSE RESOLUTION NO. 273 school program and a failed one. In par- by advocating for improved treatments, ex- Whereas, Agent Orange was an herbicide ticular, placing a priority on farm-to-school panded research, comprehensive health in- used in Vietnam to kill unwanted plants and programs and giving schools flexibility in surance coverage, and increased awareness of to remove leaves from trees which otherwise the use of federal funding received for school fibromyalgia; now, therefore, be it provided cover for the enemy. After its use, meal programs would make a huge dif- Resolved by the Senate and the Assembly of it was realized that Agent Orange contained ference; and the State of California, jointly, That the Legis- dioxin, which is related to a number of dis- Whereas, the 2008 federal farm bill (P.L. lature respectfully urges the Congress of the eases, cancers, and other disorders. Many 110–246) made major strides to remove road- United States to accelerate the federal in- U.S. veterans are known to have been ex- blocks and encourage the establishment of vestment in fibromyalgia research at the Na- posed to significant amounts of Agent Or- farm-to-school initiatives. Under the enacted tional Institutes of Health, to ensure ade- ange while fulfilling their military obliga- bill, schools will now be able to show a pref- quate Medicare and Medicaid reimbursement tions; and erence for locally grown and raised foods and coverage of fibromyalgia therapies, and Whereas, as required by law, the U.S. De- without risking the loss of critical funds. In to launch a multifaceted public awareness partment of Veterans Affairs (VA) recognizes addition, the bill authorizes funding for campaign on fibromyalgia; and be it further many diseases as being associated with grants that may be used to make fresh fruits Resolved, That the Secretary of the Senate Agent Orange, including chloracne, acute pe- and vegetables available in elementary transmit copies of this resolution to the ripheral neuropathy, and numerous cancers schools and develop hands-on school vege- President and Vice President of the United such as Hodgkin’s disease, multiple table gardening and nutrition education pro- States, to the Speaker of the House of Rep- myleoma, and prostate cancer. Veterans who grams at high-poverty schools; and resentatives, to the Majority Leader of the served in Vietnam between January 9, 1962, Whereas, the promise of the 2008 federal Senate, and to each Senator and Representa- and May 7, 1975, and who acquire one of the farm bill will only be met if Congress and the tive from California in the Congress of the recognized diseases are entitled to VA-fur- U.S. Department of Agriculture follow United States.

VerDate Aug 31 2005 04:36 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.079 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10658 CONGRESSIONAL RECORD — SENATE November 19, 2008 POM–471. A joint resolution adopted by the disabilities requires a strong partnership be- Alaska residents’ freedom of travel and ac- Alaska State Legislature relative to the tween local, state, and federal government cess to federal facilities: Now, therefore, be funding for special education in public agencies; now, therefore, be it it schools; to the Committee on Health, Edu- Resolved, That the Alaska State Legisla- Resolved That the Alaska State Legislature cation, Labor, and Pensions. ture strongly urges the President of the does not believe government should wage the war on terrorism at the expense of states’ HOUSE JOINT RESOLUTION NO. 29 United States and the United States Con- gress to fulfill their obligation to provide rights and liberties of citizens protected by Whereas the Constitution of the State of adequate funding of educational services for the United States Constitution and the Bill Alaska and other laws and policies of the students with disabilities by providing 40 of Rights; and be it further state require educational opportunities for percent of the average per-pupil expenditure Resolved, That the Alaska State Legisla- all children, including children with disabil- for general education students in Alaska as ture does not believe the Real ID Act of 2005 ities; and authorized in the Individuals with Disabil- will make the United States measurably Whereas enactment of the Individuals with ities Education Act. safer and encourages the United States Con- Disabilities Education Act by the United gress to repeal the Real ID Act of 2005. States Congress transferred from the states POM–472. A joint resolution adopted by the to the federal government decisions per- Alaska State Legislature urging the United POM–474. A resolution adopted by the taining to the provision of education and re- States Congress to reauthorize the Debbie House of Representatives of the State of lated services to students with disabilities; Smith DNA backlog grant program; to the Pennsylvania memorializing Congress to and Committee on the Judiciary. enact H. Res. 111, which establishes a Select Whereas the Individuals with Disabilities Committee on Prisoners of War (POW) and Education Act requires the provision of a HOUSE JOINT RESOLUTION NO. 34 Missing in Action (MIA) Affairs; to the Com- ‘‘free appropriate public education’’ for stu- Whereas DNA technology is increasingly mittee on Rules and Administration. dents with disabilities; and vital to ensuring accuracy and fairness in HOUSE RESOLUTION NO. 715 Whereas the Individuals with Disabilities the criminal justice system, but is not yet Whereas, it is essential to fully investigate Education Act authorized the federal appro- considered a routine tool for criminal identi- unresolved cases involving military per- priation of a sum equal to 40 percent of the fication by law enforcement; and sonnel who served in the Vietnam Conflict, Whereas over 50,000 law enforcement inves- average per-pupil expenditure for general Korean Conflict, World War II, Cold War and education students under 34 C.F.R. tigations have already been aided nationwide Gulf War and who are missing in action 300.701(a)(1); and because of DNA matches made through the (MIA), otherwise unaccounted for or known Whereas the Unfunded Mandates Reform Federal Bureau of Investigation’s Combined to have been prisoners of war (POWs); and Act of 1995 (P.L. 104–4, March 22, 1995) pro- DNA Index System, bringing justice to vic- Whereas, H. Res. 111, currently under con- vides that ‘‘the federal government should tims and removing criminals from the sideration in Congress, would establish a se- not shift certain costs to the States, and streets; and lect committee to be known as the Select States should end the practice of shifting Whereas the Innocence Project has used Committee on POW and MIA Affairs; and costs to local governments’’; and DNA in over 200 cases to exonerate persons Whereas, the select committee will con- Whereas, according to recent estimates, who were wrongfully convicted of crimes; duct a full investigation of all unresolved Alaska received approximately 16 percent of and matters relating to any United States per- the total cost of providing a free appropriate Whereas Alaska and other states through- sonnel unaccounted for from the Vietnam public education for students with disabil- out the nation have significantly expanded Conflict, Korean Conflict, World War II, Cold ities from the Congress for Part B services their DNA programs to include a growing War and Gulf War; and under the Individuals with Disabilities Edu- number of convicted and arrested felons to Whereas, it is appropriate that the select cation Act; and match against unsolved crimes; and committee be established to conduct this in- Whereas the lack of adequate federal fund- Whereas the demand for DNA testing in vestigation; and ing for students with disabilities has forced both violent and nonviolent crimes has con- Whereas, many of these POWs and MIAs states and local school districts to make up tinued to increase as the reliability of this are citizens of this Commonwealth; therefore the difference through payments made for evidence is proven; and be it other critical education programs; and Whereas many laboratories still maintain Resolved, That the House of Representa- Whereas the lack of adequate federal fund- DNA backlogs of six months or longer and tives memorialize Congress to enact H. Res. ing for federally mandated services under are unable to meet the growing demand for 111 and establish a Select Committee on the Individuals with Disabilities Education DNA testing, despite funding commitments POW and MIA Affairs; and be it further Resolved, That a copy of this resolution be Act places a tremendous strain on all Alaska from state and local governments; and transmitted to each member of Congress public school districts and on the ability of Whereas the Debbie Smith DNA backlog from Pennsylvania. the districts to provide quality education for grant program has permitted state and local all students; and governments an opportunity to begin to maximize the full potential of forensic DNA POM–475. A joint resolution adopted by the Whereas Alaska shares with every other Alaska State Legislature supporting federal state a chronic shortage of qualified special through backlog reduction, but much work remains to be done: Now, therefore, be it funding for veterans’ health care and urging education teachers; and the United States Congress to ensure ade- Whereas teacher preparation programs Resolved, That the Alaska State Legisla- ture strongly urges the United States Con- quate funding for veterans’ health care; to would benefit from full federal funding of the the Committee on Veterans’ Affairs. Individuals with Disabilities Education Act gress to reauthorize the Debbie Smith DNA SENATE JOINT RESOLUTION NO. 11 by attracting prospective applicants inter- backlog grant program at current or in- ested in a career of teaching special edu- creased levels. Whereas the United States Department of cation; and Veterans Affairs provides medical care for Whereas the underfunding of special edu- POM–473. A joint resolution adopted by the veterans who have risked their lives to pro- cation programs affects the depth of services Alaska State Legislature encouraging the re- tect the security of the nation; and Whereas the United States Department of provided to students with disabilities; and peal of the Real ID Act of 2005; to the Com- Veterans Affairs has the largest integrated Whereas, despite significant strides made mittee on the Judiciary. health care system in the United States; and RESOLUTION NO. 68 in increasing and enhancing public education Whereas the missions of the United States for students with disabilities, many of those Whereas the federal government has failed Department of Veterans Affairs include pro- students still do not receive the services and to show any measurable evidence that the viding health care to veterans, educating and assistance they need to succeed in public implementation of the Real ID Act of 2005 training health care personnel, conducting schools; and will make our borders more secure and bet- medical research, serving as backup to the Whereas the federal No Child Left Behind ter protect our citizens from terrorism; and United States Department of Defense, and Act requires that 100 percent of students Whereas the state, under the Tenth supporting communities in times of crisis; with disabilities attain proficiency in meet- Amendment to the Constitution of the and ing state education standards by the end of United States, has always exercised its ex- Whereas the United States Department of the 2013–2014 school year; and clusive power to establish standards and reg- Veterans Affairs provides a wide range of Whereas improvement in the rate of pro- ulations for the issuance of Alaska state specialized services to meet the unique needs ficiency of students in meeting state edu- driver’s licenses and Alaska state identifica- of veterans, including treatment and care for cation standards is a primary indicator of tion cards; and spinal cord injury, blindness, traumatic school success under the No Child Left Be- Whereas the federal government imposes a brain injury, post traumatic stress disorder, hind Act, creating the need for public school huge fiscal burden on the division of motor amputation injuries, mental health and sub- districts to provide greater access to and vehicles to implement the Real ID Act of stance abuse, and conditions requiring long- progress in the general curriculum for stu- 2005; and term care; and dents with disabilities; and Whereas noncompliance with the Real ID Whereas federal discretionary funding for Whereas the task of meeting the rising Act of 2005 will result in the federal govern- veterans’ health care is controlled by the ex- costs associated with attaining proficiency ment punishing individual Alaskans for the ecutive branch and Congress through the in the general curriculum for students with actions of the state by placing limitations on budget and appropriation process; and

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.049 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10659 Whereas the United States Government Special Report entitled ‘‘Activities of the small business concerns, and for other pur- Accountability Office report in 2005 high- Committee on Homeland Security and Gov- poses; to the Committee on Small Business lighted the lack of resources and staffing ernmental Affairs’’ (Rept. No. 110–524). and Entrepreneurship. available to the United States Department of By Mr. LIEBERMAN, from the Committee By Mr. KERRY (for himself, Mr. SPEC- Veterans Affairs for processing an increasing on Homeland Security and Governmental Af- TER, Mr. LAUTENBERG, Mr. INOUYE, backlog of veterans’ claims; and fairs: Mr. BROWN, Ms. STABENOW, Mrs. Whereas discretionary funding for the Report to accompany S. 3477, a bill to FEINSTEIN, Mr. DODD, Mr. CASEY, Mr. United States Department of Veterans Af- amend title 44, United States Code, to au- LIEBERMAN, Mr. WHITEHOUSE, Mrs. fairs lags behind both medical inflation and thorize grants for Presidential Centers of CLINTON, Mr. SCHUMER, Ms. SNOWE, the increased demands for services; for ex- Historical Excellence (Rept. No. 110–525). Mr. MENENDEZ, and Mr. CARPER): ample, the enrollment for veterans’ health Report to accompany S. 1000, a bill to en- hance the Federal Telework Program (Rept. S. 3700. A bill to encourage and support the care increased 134 percent between fiscal development of high-speed passenger rail years 1996 and 2004, but funding only in- No. 110–526). By Mr. KENNEDY, from the Committee on transportation in the United States, and for creased 34 percent during the same period other purposes; to the Committee on Fi- when adjusted to 1996 dollars; and Health, Education, Labor, and Pensions, Whereas former United States Secretary of with an amendment in the nature of a sub- nance. Veterans Affairs Anthony Principi has pub- stitute: By Mr. DODD (for himself and Mr. licly stated that the United States Depart- S. 1695. A bill to amend the Public Health HATCH): ment of Veterans Affairs has been struggling Service Act to establish a pathway for the li- S. 3701. A bill to provide assistance to Best to provide health care to the rapidly rising censure of biosimilar biological products, to Buddies to support the expansion and devel- number of veterans who require health care; promote innovation in the life sciences, and opment of mentoring programs, and for be it for other purposes. other purposes; to the Committee on Health, Resolved, That the Alaska State Legisla- f Education, Labor, and Pensions. ture expresses its profound gratitude for the INTRODUCTION OF BILLS AND By Mr. VITTER: sacrifices made by veterans who suffer from JOINT RESOLUTIONS S. 3702. A bill to provide for full and open medical or mental problems resulting from competition for Federal contracts related to injuries that occurred while serving in the The following bills and joint resolu- natural disaster reconstruction efforts; to United States Armed Forces; and be it fur- tions were introduced, read the first the Committee on Homeland Security and ther and second times by unanimous con- Governmental Affairs. Resolved, That the Alaska State Legisla- sent, and referred as indicated: By Mr. VITTER: ture urges the United States Congress to en- S. 3703. A bill to ensure efficiency and fair- sure adequate funding for veterans’ health By Ms. COLLINS: ness in the awarding of Federal contracts in care. S. 3691. A bill to amend the Commodity Ex- change Act to require reporting and record- connection with natural disaster reconstruc- POM–476. A resolution adopted by the Cali- keeping for positions involving credit-de- tion efforts; to the Committee on Homeland fornia State Lands Commission supporting fault swaps, to grant the Federal Reserve Security and Governmental Affairs. the Ocean Conservation, Education, and Na- Board authority over investment-bank hold- By Ms. SNOWE (for herself and Mr. tional Strategy for the 21st Century Act ing companies, and for other purposes; to the WHITEHOUSE): (H.R. 21) and the National Oceans Protection Committee on Banking, Housing, and Urban S. 3704. A bill to authorize additional Fed- Act of 2008 (S. 3314); to the Committee on Affairs. eral Bureau of Investigation field agents to Commerce, Science, and Transportation. By Mr. SANDERS: investigate financial crimes; to the Com- S. 3692. A bill to rescind Treasury Notice mittee on the Judiciary. POM–477. A resolution adopted by the Cali- 2008-83; to the Committee on Finance. By Ms. SNOWE: fornia State Lands Commission requesting By Mr. SANDERS (for himself, Mrs. S. 3705. A bill to amend the Small Business that Congress continue to enact, and the LINCOLN, and Mrs. BOXER): Act and the Small Business Investment Act S. 3693. A bill to limit the amount of com- President reinstitute, the moratorium on oil of 1958 to stop the small business credit pensation for employees and executives of fi- and gas leasing within protected offshore crunch, and for other purposes; to the Com- nancial institutions assisted under the Trou- areas; to the Committee on Energy and Nat- mittee on Finance. bled Asset Relief Program, and for other pur- ural Resources. By Mrs. CLINTON: poses; to the Committee on Banking, Hous- POM–478. A resolution adopted by the leg- ing, and Urban Affairs. S. 3706. A bill to amend part D of title IV islature of the Republic of the Philippines By Mr. SANDERS (for himself, Mr. of the Social Security Act to prohibit States thanking the U.S. Senate for the passage of INHOFE, and Mrs. LINCOLN): from charging child support recipients for S. 1315 known as the Veterans’ Benefits En- S. 3694. A bill to amend the Emergency the collection of child support; to the Com- hancement Act of 2007; to the Committee on Economic Stabilization Act to limit obliga- mittee on Finance. Veterans’ Affairs. tions to $350,000,000,000, absent majority ap- By Mrs. CLINTON: f proval by the Congress; to the Committee on S. 3707. A bill to recruit, train, and support REPORTS OF COMMITTEES Banking, Housing, and Urban Affairs. principals for high-need schools who are ef- By Mr. ENSIGN: fective in improving student academic The following reports of committees S. 3695. A bill to require a 50-hour work- achievement; to the Committee on Health, were submitted: week for Federal prison inmates, to reform Education, Labor, and Pensions. By Mr. LEAHY, from the Committee on inmate work programs, and for other pur- By Mrs. CLINTON: the Judiciary, without amendment with a poses; to the Committee on the Judiciary. S. 3708. A bill to amend the Public Health preamble: By Mr. STEVENS (for himself and Ms. Service Act with respect to health profes- S. Res. 707. An original resolution author- MURKOWSKI): sions education, and for other purposes; to izing the President of the Senate to certify S. 3696. A bill to establish a grant program the Committee on Health, Education, Labor, the facts of the failure of Joshua Bolten, as to encourage retooling of entities in the tim- and Pensions. the Custodian of Records at the White ber industry in Alaska, and for other pur- poses; to the Committee on Environment and House, to appear before the Committee on f the Judiciary and produce documents as re- Public Works. quired by Committee subpoena (Rept. No. By Mr. INHOFE: 110–522). S. 3697. A bill to amend the Emergency SUBMISSION OF CONCURRENT AND S. Res. 708. An original resolution author- Economic Stabilization Act to require ap- SENATE RESOLUTIONS izing the President of the Senate to certify proval by the Congress for certain expendi- the facts of the failure of Karl Rove to ap- tures for the Troubled Asset Relief Program; The following concurrent resolutions pear and testify before the Committee on the to the Committee on Banking, Housing, and and Senate resolutions were read, and Judiciary and to produce documents as re- Urban Affairs. referred (or acted upon), as indicated: quired by Committee subpoena (Rept. No. By Mrs. FEINSTEIN (for herself and By Mr. LEAHY: Ms. SNOWE): 110–522). S. Res. 707. An original resolution author- By Mr. LIEBERMAN, from the Committee S. 3698. A bill to prohibit any recipient of izing the President of the Senate to certify on Homeland Security and Governmental Af- emergency Federal economic assistance from the facts of the failure of Joshua Bolten, as fairs: using such funds for lobbying expenditures Report to accompany S. 967, a bill to or political contributions, to improve trans- the Custodian of Records at the White amend chapter 41 of title 5, United States parency, enhance accountability, encourage House, to appear before the Committee on Code, to provide for the establishment and responsible corporate governance, and for the Judiciary and produce documents as re- authorization of funding for certain training other purposes; to the Committee on Bank- quired by Committee subpoena; from the programs for supervisors of Federal employ- ing, Housing, and Urban Affairs. Committee on the Judiciary; placed on the ees (Rept. No. 110–523). By Ms. SNOWE: calendar. By Mr. LIEBERMAN, from the Committee S. 3699. A bill to direct the Administrator By Mr. LEAHY: on Homeland Security and Governmental Af- of the Small Business Administration to re- S. Res. 708. An original resolution author- fairs: form and improve the HUBZone program for izing the President of the Senate to certify

VerDate Aug 31 2005 04:36 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.081 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10660 CONGRESSIONAL RECORD — SENATE November 19, 2008 the facts of the failure of Karl Rove to ap- (Ms. CANTWELL) was added as a cospon- Dakota (Mr. DORGAN) was added as a pear and testify before the Committee on the sor of S. 3256, a bill to provide a supple- cosponsor of S. 3663, a bill to require Judiciary and to produce documents as re- mental funding source for catastrophic the Federal Communications Commis- quired by Committee subpoena; from the emergency wildland fire suppression sion to provide for a short-term exten- Committee on the Judiciary; placed on the calendar. activities on Department of the Inte- sion of the analog television broad- By Mr. KERRY (for himself, Ms. rior and National Forest System lands, casting authority so that essential SNOWE, Mrs. BOXER, Ms. CANTWELL, to require the Secretary of the Interior public safety announcements and dig- and Mr. REED): and the Secretary of Agriculture to de- ital television transition information S. Res. 709. A resolution expressing the velop a cohesive wildland fire manage- may be provided for a short time dur- sense of the Senate that the United States ment strategy, and for other purposes. ing the transition to digital television should pursue the adoption of bluefin tuna S. 3331 broadcasting. conservation and management measures at the 16th Special Meeting of the International At the request of Mr. BAUCUS, the S. 3683 Commission on the Conservation of Atlantic name of the Senator from North Caro- At the request of Mr. INHOFE, the Tunas; to the Committee on Commerce, lina (Mr. BURR) was added as a cospon- names of the Senator from South Caro- Science, and Transportation. sor of S. 3331, a bill to amend the Inter- lina (Mr. DEMINT), the Senator from f nal Revenue Code of 1986 to require Vermont (Mr. SANDERS), the Senator that the payment of the manufactur- from Kansas (Mr. ROBERTS) and the ADDITIONAL COSPONSORS ers’ excise tax on recreational equip- Senator from Louisiana (Mr. VITTER) S. 1130 ment be paid quarterly. were added as cosponsors of S. 3683, a At the request of Mr. SMITH, the S. 3359 bill to amend the Emergency Economic name of the Senator from Maryland At the request of Ms. CANTWELL, the Stabilization Act to require approval (Mr. CARDIN) was added as a cosponsor name of the Senator from Washington by the Congress for certain expendi- of S. 1130, a bill to amend the Internal (Mrs. MURRAY) was added as a cospon- tures for the Troubled Asset Relief Revenue Code of 1986 to restore, in- sor of S. 3359, a bill to amend the Inter- Program. crease, and make permanent the exclu- nal Revenue Code of 1986 to repeal the S. 3684 sion from gross income for amounts re- shipping investment withdrawal rules At the request of Ms. MIKULSKI, the ceived under qualified group legal serv- in section 955 and to provide an incen- names of the Senator from Maryland ices plans. tive to reinvest foreign shipping earn- (Mr. CARDIN) and the Senator from S. 1359 ings in the United States. Ohio (Mr. BROWN) were added as co- At the request of Mrs. MURRAY, the S. 3364 sponsors of S. 3684, a bill to amend the name of the Senator from New Jersey At the request of Mr. LEAHY, his Internal Revenue Code of 1986 to allow (Mr. MENENDEZ) was added as a cospon- name was added as a cosponsor of S. an above-the-line deduction against in- sor of S. 1359, a bill to amend the Pub- 3364, a bill to increase the recruitment dividual income tax for interest in in- lic Health Service Act to enhance pub- and retention of school counselors, debtedness and for State sales and ex- lic and health professional awareness school social workers, and school psy- cise taxes with respect to the purchase and understanding of lupus and to chologists by low-income local edu- of certain motor vehicles. cational agencies. strengthen the Nation’s research ef- S. 3685 S. 3398 forts to identify the causes and cure of At the request of Mrs. FEINSTEIN, the lupus. At the request of Mr. KENNEDY, the names of the Senator from New York name of the Senator from Pennsyl- S. 2063 (Mr. SCHUMER) and the Senator from vania (Mr. CASEY) was added as a co- At the request of Mr. CONRAD, the Maine (Ms. SNOWE) were added as co- name of the Senator from Minnesota sponsor of S. 3398, a bill to amend the sponsors of S. 3685, a bill to prohibit Federal Food, Drug, and Cosmetic Act (Ms. KLOBUCHAR) was added as a co- the selling and counterfeiting of tick- sponsor of S. 2063, a bill to establish a with respect to liability under State ets for a Presidential inaugural cere- Bipartisan Task Force for Responsible and local requirements respecting de- mony. vices. Fiscal Action, to assure the economic f security of the United States, and to S. 3483 expand future prosperity and growth At the request of Mr. ENSIGN, the STATEMENTS ON INTRODUCED for all Americans. name of the Senator from New Hamp- BILLS AND JOINT RESOLUTIONS shire (Mr. GREGG) was added as a co- S. 2173 By Mrs. FEINSTEIN (for herself sponsor of S. 3483, a bill to improve At the request of Mr. HARKIN, the and Ms. SNOWE): consumer access to passenger vehicle name of the Senator from Washington S. 3698. A bill to prohibit any recipi- loss data held by insurers. (Mrs. MURRAY) was added as a cospon- ent of emergency Federal economic as- S. 3487 sor of S. 2173, a bill to amend the Ele- sistance from using such funds for lob- At the request of Mr. KENNEDY, the mentary and Secondary Education Act bying expenditures or political con- names of the Senator from Nevada (Mr. of 1965 to improve standards for phys- tributions, to improve transparency, REID) and the Senator from West Vir- ical education. enhance accountability, encourage re- ginia (Mr. ROCKEFELLER) were added as sponsible corporate governance, and for S. 2372 cosponsors of S. 3487, a bill to amend other purposes; to the Committee on At the request of Ms. CANTWELL, the the National and Community Service Banking, Housing, and Urban Affairs. name of the Senator from Washington Act of 1990 to expand and improve op- Mrs. FEINSTEIN. Mr. President, I (Mrs. MURRAY) was added as a cospon- portunities for service, and for other rise today on behalf of myself and Sen- sor of S. 2372, a bill to amend the Har- purposes. ator SNOWE to introduce legislation monized Tariff Schedule of the United S. 3539 that will enhance transparency, States to modify the tariffs on certain At the request of Ms. COLLINS, the strengthen oversight, and encourage footwear. names of the Senator from Tennessee responsible corporate governance for S. 2723 (Mr. CORKER) and the Senator from firms receiving financial lifelines from At the request of Mr. BROWN, the Maine (Ms. SNOWE) were added as co- the Federal Government. name of the Senator from New Jersey sponsors of S. 3539, a bill to require the Our bill—the Accountability for Eco- (Mr. MENENDEZ) was added as a cospon- Secretary of the Treasury to mint nomic Rescue Assistance Act—will sor of S. 2723, a bill to expand the den- coins in commemoration of the centen- achieve four essential objectives. tal workforce and improve dental ac- nial of the establishment of the Girl It will prohibit firms receiving loans cess, prevention, and data reporting, Scouts of the United States of Amer- from the Federal Reserve or any of the and for other purposes. ica. $700 billion economic rescue funds from S. 3256 S. 3663 Treasury from using this money for At the request of Mrs. BOXER, the At the request of Mr. ROCKEFELLER, lobbying expenditures or political con- name of the Senator from Washington the name of the Senator from North tributions; require that firms receiving

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.064 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10661 government assistance provide de- I find it completely unacceptable The Treasury Department has al- tailed, publically available quarterly that taxpayer dollars intended to sta- ready approved the purchase of $160 bil- reports to Treasury outlining how tax- bilize the economy could find their way lion of preferred stock in 30 financial payer dollars have been used; establish into the bank accounts of lobbying institutions. We know that of these corporate governance standards to en- firms. The legislation which I intro- funds $125 billion was allocated to nine sure that firms receiving federal assist- duce today will make sure that doesn’t large national banks. ance do not waste money on unneces- happen. It was also reported last week that sary expenditures; and, create pen- I do not mean to pick on AIG, but AIG will receive an additional $40 bil- alties of at least $100,000 per violation they have also been the poster child for lion, meaning that at least $165 billion for firms that fail to meet the cor- wasteful spending by rescued firms. of the economic rescue funding will be porate governance standards estab- In September, just days after receiv- allocated to only 10 firms. lished in the bill. ing an $85 billion federal lifeline, the When you add up all of the taxpayer The need for such legislation has be- management of AIG treated itself to a dollars put on the line—from $30 billion come apparent in the weeks since Con- $444,000 spa weekend at the St. Regis provided to Bear Stearns in March, $200 gress approved the economic rescue resort in Monarch Beach, California. billion available to Fannie Mae and plan. This included $200,000 for rooms, Freddie Mac, $150 billion to AIG, $700 Since then, news reports have uncov- $150,000 for fine dining and $23,000 in billion in economic rescue funds, plus ered multiple instances in which res- spa charges. the direct lending programs at the Fed- cued firms have been caught making AIG executives spent the last two eral Reserve—we are talking about unnecessary and outrageous expendi- days of September on a golf outing at well over 1 trillion Federal dollars. tures, which calls their assistance from Mandalay Bay in Las Vegas at a cost of I certainly don’t think it is unreason- taxpayers into question. up to $500,000. They were planning to able for the public to know how their Last week, Treasury Secretary follow this with a few days at the Ritz money is being spent. Paulson announced that the $700 bil- Carlton in Half Moon Bay, but can- As the end of the year nears, we are lion approved by Congress to stabilize celled after it hit the news and drew approaching bonus time on Wall financial markets would not be used to fire from Congressional leaders. Street. Certainly Americans deserve As news of these wasteful expendi- purchase illiquid assets but rather to assurances that struggling firms will tures was making headlines, AIG re- make direct capital injections into fi- not use public funds to pay higher bo- ceived another $37.8 billion in emer- nancial institutions. nuses. gency loans from the Federal Govern- Given this new mission, the need for The same can be said for these funds ment. Shortly thereafter, the Associ- additional transparency and disclosure going towards dividend payments, or ated Press reported that—even as AIG is striking. was asking Congress for these loans— mergers and acquisitions. We have learned that we cannot nec- Shining light on how firms use public AIG executives were spending $86,000 essarily count on these firms and their on a pheasant hunting expedition in dollars not only makes good sense, but executives to act sensibly and do what England. During the trip, they stayed it will also act as a deterrent to irre- is right. at a 17th century manor. sponsible behavior. The public needs to know that their One AIG executive named Sebastian My vote on the economic stabiliza- tax dollars are being put to good use. A Preil was quoted as saying that: ‘‘The tion bill was one of the toughest I have simple ‘‘trust me’’ from the bank ex- recession will go on until about 2011, taken during my time in the Senate. ecutives is not enough. but the shooting was great today and My office received more than 160,000 On October 16th, the Wall Street we are relaxing fine.’’ calls, letters, and e-mails from Califor- Journal reported that American Insur- Once these lapses in judgment came nians concerned about this course of ance Group, AIG, which received bil- to light, AIG chief executive Edward action. lions of dollars in Federal rescue funds, Liddy informed Congress that he was But, I decided to support the bill to was continuing to lobby state regu- putting an end to all nonessential ex- ensure that action would be quickly lators to delay implementation of penditures. Yet earlier this month, an taken to ease the flow of credit to con- strengthened licensing standards for undercover news crew caught AIG ex- sumers and businesses. mortgage brokers and lenders. ecutives at the Hilton Squaw Peak Re- Our economy continues to struggle AIG was lobbying against sensible sort in Phoenix, hosting a seminar for today. The money approved by Con- standards created by the SAFE Mort- financial planners complete with cock- gress must be used sensibly to ensure gage Licensing Act of 2008. This bill, tails and limousines. its maximum impact. introduced by Senator MARTINEZ and One would think that a brush with Americans are struggling, and the myself, established basic minimum collapse and total failure might have a pain in my State of California, where regulations for the mortgage industry sobering effect on some of these firms. unemployment is 7.7 percent, and fore- to ensure consumers were adequately But this penchant for wasteful jun- closure filings exceed 680,000 this year, protected. kets in the face of complete failure was is especially acute. Before this bill, in some states vir- not unique to AIG. This bill puts in place commonsense tually anyone—even those with crimi- The Wachovia Corporation was solutions to fix some of the deficiencies nal records—could go out and get a caught shipping its top brokers off to in the economic stabilization bill. mortgage broker’s license. the Greek Isles on a cruise ship for an This bill is significant and sorely Left unchecked, and with no regula- all-expenses paid luxury trip—even as needed. We must act soon to help re- tions to stop them, unscrupulous mort- the company awaited a buyout poten- store confidence in this effort and shed gage brokers and lenders flooded the tially backed by taxpayers. light on how public funds are used. We markets with subprime loans that they Wachovia cancelled the trip due to promised the American people trans- knew would never be paid back, and the storm of criticism attracted by this parency and oversight, and this legisla- this served as one of the catalysts for stunning display of what the ancient tion will make good on that promise. our current economic predicament. Greeks called hubris. I hope my colleagues will join me to Now AIG, having succumbed to bad While the economic rescue legisla- ensure that taxpayer dollars are spent investments and propped up by billions tion passed in September includes sev- efficiently and responsibly. in government money, was lobbying eral oversight boards and account- against the strong enforcement of state ability provisions to ensure that public By Ms. SNOWE: laws that might have helped prevent funds are effectively distributed, the S. 3699. A bill to direct the Adminis- this catastrophe in the first place. bill does not include any reporting re- trator of the Small Business Adminis- Senator MARTINEZ and I wrote a let- quirements for firms that receive Fed- tration to reform and improve the ter to AIG and, to the company’s cred- eral dollars. HUBZone program for small business it, CEO Edward Liddy immediately sus- This is a significant omission, espe- concerns, and for other purposes; to the pended the company’s lobbying oper- cially given the amount of Federal Committee on Small Business and En- ations. money that some firms are receiving. trepreneurship.

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.057 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10662 CONGRESSIONAL RECORD — SENATE November 19, 2008 Ms. SNOWE. Mr. President, I rise went unmonitored. My legislation SEC. 2. DEFINITIONS. today in support of the passage of the would require the SBA to develop and In this Act— HUBZone Improvement Act of 2008. implement guidance to more routinely (1) the terms ‘‘Administration’’ and ‘‘Ad- This vital legislation would address the and consistently obtain supporting ministrator’’ mean the Small Business Ad- ministration and the Administrator thereof, Government Accountability Office’s re- documentation upon application and respectively; cent recommendations to improve the conduct more frequent site visits, as (2) the terms ‘‘HUBZone’’ and ‘‘HUBZone Small Business Administration’s ad- appropriate, to ensure that firms ap- small business concern’’ have the meanings ministration and oversight of the His- plying for certification are eligible. given such terms in section 3 of the Small torically Underutilized Business Zone, These commonsense achievable steps Business Act (15 U.S.C. 632); and HUBZone, program and ensure that would help to eliminate participant (3) the term ‘‘recertification’’ means deter- only eligible firms participate in this fraud and misrepresentation, and en- mining whether a business concern that was crucial program. sure that firms applying for HUBZone previously determined to be a qualified As former chair and now ranking certification are truly lawful and eligi- HUBZone small business concern is a quali- fied HUBZone small business concern under member of the Senate Committee on ble businesses. section 3(p)(5) of the Small Business Act (15 Small Business and Entrepreneurship, I In its report, the GAO illustrates the U.S.C. 632(p)(5)). have been a longstanding champion for SBA lack of a formal policy on how SEC. 3. PURPOSE; FINDINGS. small business programs such as the quickly it needs to make a final deter- (a) PURPOSE.—The purpose of this Act is to HUBZone program. The HUBZone pro- mination on decertifying firms that reform and improve the HUBZone program of gram provides Federal contracting as- may no longer be eligible for the the Administration. sistance to small firms located in eco- HUBZone program. According to the (b) FINDINGS.—Congress finds the fol- nomically distressed areas, with the in- GAO, of the more than 3,600 firms pro- lowing: tent of stimulating economic develop- posed for decertification in fiscal years (1) The HUBZone program was established 2006 and 2007, more than 1,400 were not under the HUBZone Act of 1997 (Public Law ment. According to the GAO, as of Feb- 105–135; 111 Stat. 2627) to stimulate economic ruary 2008, 12,986 certified businesses processed within 60 days—the SBA’s development through increased employment have participated in the HUBZone pro- targeted timeline. As a result of these and capital investment by providing Federal gram since its inception. And in fiscal weaknesses, there is an increased risk contracting preferences to small business year 2007, over 4,200 HUBZone firms ob- that ineligible firms have participated concerns in economically distressed commu- tained approximately $8.1 billion in in the program and had opportunities nities or HUBZone areas. Federal contracts. In these troubling to receive Federal contracts based on (2) According to the Government Account- economic times, the HUBZone program their HUBZone certification. My legis- ability Office— (A) as of February 2008, 12,986 certified is something our country needs now lation would require the SBA to for- malize and adhere to a specific time- firms have participated in the HUBZone pro- more than ever. gram since its inception; and The mechanisms that the SBA uses frame for processing firms proposed for (B) in fiscal year 2007, over 4,200 HUBZone to certify and monitor HUBZone firms decertification in the future, as well as small business concerns obtained approxi- provide limited assurance that only el- require further developed measures in mately $8,100,000,000 in Federal contracts. igible firms participate in the program. assessing the effectiveness of the (3) The Government Accountability Office Unfortunately, according to a recent HUBZone program. also identified numerous concerns with the GAO report and analysis of 125 applica- Moreover, the Federal Government HUBZone program, including that— tions submitted in September of 2007, must strive to continue to provide ad- (A) the Administration verifies the infor- ditional contracting opportunities to mation received by the Administration from the SBA only requested supporting HUBZone small business concerns in limited documentation, which helps to clarify those who are legitimate HUBZone firms. I am dismayed by the innumer- instances and has limited assurances that the status of the business, for 36 per- only eligible firms participated in the cent of the applications and only con- able ways that government agencies HUBZone program; ducted a single site visit for all 125 ap- have time and again egregiously failed (B) by not obtaining documentation and plicants. While the SBA’s policies and to meet most of their small business conducting site visits on a more routine procedures require program examina- contracting goals. I am alarmed that basis during the certification process, the tions, the agency only conducts them only one Federal small business con- Administration cannot be sure that only eli- gible firms are part of the HUBZone pro- on 5 percent of certified HUBZone tracting program—the small disadvan- tage business program—has met its gram; and firms each year. This is a glaring lack (C) although the examination process of of oversight that must be rectified. statutory goal, and that the three other small business goaling programs the Administration involves a more exten- The legislation I introduce today, the sive review of documentation, the examina- HUBZone Improvement Act of 2008, have all fallen drastically short. For tion process cannot be relied upon to ensure would take immediate steps to correct example, in fiscal year 2007, the that only eligible firms participate in the the lack of effective administrative HUBZone program met only 2.2 percent HUBZone program because the examination oversight by requiring more routine of its three percent government-wide process involves only 5 percent of firms in and consistent supporting documenta- goal. The Federal Government can and any given year. tion during the program’s application must provide more to our country’s SEC. 4. HUBZONE IMPROVEMENTS. The Administrator shall— process. In its report, the GAO found hardworking small businesses. In my home State of Maine, only 118 (1) as soon as is practicable, correct and that the SBA relies on Federal law to of 41,026 small businesses are qualified update the map that is used by the Adminis- identify qualified HUBZone areas, but HUBZone businesses. HUBZones rep- tration to identify HUBZones and implement the map it uses to publicize HUBZone procedures to ensure that the map is updated resent a tremendous tool for replacing areas is inaccurate, and the economic with the most recently available data on a lost jobs for our Nation’s declining characteristics of designated areas more frequent basis; manufacturing and industrial sectors— vary widely. My bill would require that (2) develop and implement guidance for de- clearly, this program should be better the SBA take immediate steps to cor- termining whether an applicant is a qualified utilized. HUBZone small business concern under sec- rect and update the map that the SBA Mr. President, I ask unanimous con- tion 3(p)(5) of the Small Business Act (15 uses to identify HUBZone areas and sent that the text of the bill be printed U.S.C. 632(p)(5)), including more routinely implement procedures to ensure that in the RECORD. and consistently obtaining supporting docu- the map is updated with the most re- There being no objection, the text of mentation from an applicant and conducting cently available data on a more fre- the bill was ordered to be printed in more frequent site visits, as appropriate; quent basis. (3) establish a date by which the Adminis- the RECORD, as follows: The GAO also found that the mecha- trator shall eliminating the backlog of appli- S. 3699 nisms that SBA uses to certify and cations for recertification; Be it enacted by the Senate and House of Rep- monitor firms provide limited assur- (4) ensure that the Administration elimi- resentatives of the United States of America in nates the backlog described in paragraph (3) ance that only eligible firms partici- Congress assembled, by the date established under paragraph (3), pate in the program. The GAO found SECTION 1. SHORT TITLE. using officers and employees of the Adminis- that more than 4,600 firms that had This Act may be cited as the ‘‘HUBZone tration or by entering into a contract with a been in the program for at least 3 years Improvement Act of 2008’’. private entity;

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.053 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10663 (5) establish and implement a time period Massachusetts. We must make appro- the cities of the Midwest through Chi- for completing a recertification; and priate improvements to our railroad cago, connecting the cities of the (6) develop measures and implement plans tracks and bridges to allow high speed Northwest, connecting the major cities to assess the effectiveness of the HUBZone rail to work properly. within Texas and Florida, and con- program that take into account— While the U.S. is investing heavily in (A) the economic characteristics of the necting all the cities up and down the HUBZone; and other forms of transportation, our in- East Coast. These are projects that are (B) contracts being counted under multiple vestment in world class rail is dwarfed ready to go, but they need a source of socioeconomic subcategories. by other countries. For example, Ger- financing. SEC. 5. REPORT. many’s federal government gives its The need for a bold shift in the way Not later than 2 years after the date of en- states $8.9 billion a year for rail we approach transportation is clear. actment of this Act, the Comptroller General projects, France spends twenty times Traffic congestion continues to worsen of the United States shall submit to the more per capita on rail than the U.S., in cities across the country, creating a Committee on Small Business and Entrepre- and the Ministry of Railways in China $78 billion drain on the U.S. economy neurship of the Senate and the Committee invested $19.6 billion in rail in the first with 4.2 billion lost man hours of work on Small Business of the House of Represent- and 2.8 billion gallons of wasted fuel. atives a report regarding the implementa- half of 2008 alone. That is why we need tion of this Act. to provide a constant source of funding Last year, domestic flight delays cost for investment in high-speed rail. The the economy $41 billion and consumed By Mr. KERRY (for himself, Mr. High-Speed Rail for America Act of about 740 million additional gallons of SPECTER, Mr. LAUTENBERG, Mr. 2008 will take our outdated and under- jet fuel waiting on the ground. Pas- INOUYE, Mr. BROWN, Ms. funded passenger rail system and senger rail reduces congestion and is STABENOW, Mrs. FEINSTEIN, Mr. transform it into a world class system. an effective alternative to highway and DODD, Mr. CASEY, Mr. The High-Speed Rail for America Act air transportation. Americans want al- LIEBERMAN, Mr. WHITEHOUSE, of 2008 builds on the authorization of ternatives—and we can deliver them. Mrs. CLINTON, Mr. SCHUMER, highspeed rail grants by providing bil- We must focus on making the trans- MS. SNOWE, Mr. MENENDEZ, and lions of dollars in both tax exempt and portation sector part of the solution to Mr. CARPER): tax credit bonds. It provides assistance global climate change. The transpor- S. 3700. A bill to encourage and sup- for rail projects of various speeds. The tation sector accounts for approxi- port the development of high-speed bill creates the Office of High-Speed mately one-third of U.S. CO2 emis- passenger rail transportation in the Passenger Rail to oversee the develop- sions—and automobiles make up 60 per- United States, and for other purposes; ment of high-speed rail and provides a cent of that. Public transportation is to the Committee on Finance. consistent source of funding. This of- an essential part of the solution to Mr. KERRY. Mr. President, this has fice will ensure that we have the lead- global warming. According to the been a volatile time for our financial ership to keep this mission on track. American Public Transportation Asso- system and our economy. Hopefully, we High-speed rail is often the fastest ciation, public transportation reduces will be able to agree on a short-term and most reliable way to get from CO2 emissions by 37 million metric tons stimulus relief that will help families downtown to downtown between most annually and saves the average Amer- who are suffering and states meet their cities 100–500 miles apart. High-speed ican household over $6,000 annually. financial obligations. rail can save up to an hour per trip The demand for alternative forms of Next, we need to create new jobs by when compared to air travel and re- transportation is only growing. The updating our infrastructure to help re- duces trip time by more than 50 per- number of people riding Amtrak surged spond to the current challenges to our cent compared to driving. The legisla- by more than 13 percent in July 2008 economy. I believe a first-rate Amer- tion provides $8 billion over a 6-year from a year earlier—the most pas- ican rail system is a critical part of the period for tax-exempt bonds which fi- sengers carried in any month during Amtrak’s 37 year history. Amtrak rid- efforts to create jobs and expand our nance high-speed rail projects which ership set an all-time record for fiscal economy. It will also help make our air reach a speed of at least 110 miles per year 2008, achieving growth of 11 per- cleaner, ease traffic congestion, save hour. This speed is often most practical cent. families’ money and time, and lessen for corridors of less than 100 miles or As we look towards economic stim- our dependence on foreign oil. for less travelled routes which cannot ulus legislation next year, we must That is why today, Senator SPECTER justify the investment into world class rethink the approach we have taken to- and I are introducing the High-Speed high-speed rail traveling at 150 miles wards mobility in this country. Coun- Rail for America Act of 2008. Senators per hour. tries around the world have realized LAUTENBERG, INOUYE, BROWN, The High-Speed Rail for America Act the benefits of high-speed rail and con- TABENOW EINSTEIN ODD ASEY of 2008 also creates a new category of S , F , D , C , tinue to build out their systems as we LIEBERMAN, WHITEHOUSE, CLINTON, tax-credit bonds: qualified rail bonds. fall farther and farther behind. For far SCHUMER, SNOWE, and MENENDEZ are There are two types: super high-speed too long, we have not made adequate cosponsors. This legislation provides a intercity rail facility bond and rail in- investment in our infrastructure. We bold new vision of how we approach frastructure bond. Super high-speed cannot let this pattern continue. transportation policy to expand our rail intercity facility bonds will en- We have all heard the skeptics and economy and keep up with changes in courage the development of true high- cynics dismiss the idea of high-speed our society. speed rail. The legislation provides $10 rail for decades, but due to high energy The High-Speed Rail for America Act billion for these bonds over a six-year prices, increased passenger rail rider- of 2008 builds upon the Passenger Rail period. Rail projects that reach a speed ship, and the need to reduce green- Investment and Improvement Act of of at least 150 miles per hour will be el- house gasses, the time is ripe for a big 2008 which reauthorizes Amtrak and igible for these bonds. This would help change. Not only will this change cre- authorizes $1.5 billion over a five-year finance projects including the proposed ate a modern and reliable transpor- period to finance the construction and California corridor and make needed tation network in the Untied States, it equipment for 11 highspeed rail cor- improvements to the Northeast cor- will provide tens of thousands of good ridors. I want to thank Senator LAU- ridor. new jobs and help stimulate the slug- TENBERG for his leadership on reauthor- Rail infrastructure bonds will fund gish economy. izing Amtrak and making investment projects approved by the U.S. Depart- I pledge to continue fighting for the in high-speed rail a priority. ment of Transportation and be part of development of a modern high-speed Today, Amtrak’s Acela train on the a State’s official rail plan. The High- rail system connecting the major cities Northeast Corridor is capable of reach- Speed Rail for America Act of 2008 pro- across America, and I ask all my col- ing 150 miles per hour. However, due to vides $5.4 billion over a 6-year period leagues to support making this vision a a lack of infrastructure improvements, for this type of bond. The Federal Rail reality. the Acela train only travels at 150 Administration has already designated miles per hour on an 18-mile stretch in ten rail corridors that these bonds By Mr. DODD (for himself and Rhode Island and a 10–mile stretch in could help fund, including connecting Mr. HATCH):

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.054 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10664 CONGRESSIONAL RECORD — SENATE November 19, 2008 S. 3701. A bill to provide assistance to creasing the self-esteem, confidence, (9) The Best Buddies Colleges program Best Buddies to support the expansion and abilities of people both with and matches adults with intellectual disabilities and development of mentoring pro- without intellectual disabilities. with college students and creates 1-to-1 grams, and for other purposes; to the The legislation we are introducing friendships between them. (10) The Best Buddies e-Buddies program Committee on Health, Education, today allows the Secretary of Edu- creates e-mail friendships between people Labor, and Pensions. cation to award grants to promote the with and without intellectual disabilities. Mr. DODD. Mr. President, I rise expansion of the Best Buddies pro- (11) The Best Buddies Citizens program today to introduce with Senator ORRIN grams and to increase participation in pairs adults with intellectual disabilities in HATCH the Best Buddies Empowerment and public awareness about these pro- 1-to-1 friendships with other individuals in for People with Intellectual Disabil- grams. The bill authorizes $10 million the corporate and civic communities. ities Act of 2008. The bill we are intro- for fiscal year 2009 and such sums as (12) The Best Buddies Jobs program pro- ducing would help to integrate individ- necessary through fiscal year 2013. If motes the integration of people with intel- uals with intellectual disabilities into lectual disabilities into the community passed, this legislation would allow through supported employment. their communities, improve their qual- Best Buddies to expand their work and (b) PURPOSE.—The purposes of this Act are ity of life and promote the extraor- offer programs in every state in Amer- to— dinary gifts of these individuals. ica, helping to create a more inclusive (1) provide support to Best Buddies to in- I am proud to be introducing this bill society with a direct and positive im- crease participation in and public awareness with my good friend Senator HATCH. He pact on more than 1.2 million citizens. about Best Buddies programs that serve peo- has been a long time leader in this I thank my colleague Senator HATCH ple with intellectual disabilities; cause, and most recently worked with for working with me on this legisla- (2) dispel negative stereotypes about peo- ple with intellectual disabilities; and Senator HARKIN, Senator KENNEDY, tion. And I applaud Representatives myself and others to pass the Ameri- (3) promote the extraordinary gifts of peo- HOYER and BLUNT, who have introduced ple with intellectual disabilities. cans with Disabilities Act Amendments a similar measure in the House. I urge SEC. 3. ASSISTANCE FOR BEST BUDDIES. Act of 2008. We, as a society, have an my colleagues to join with me in sup- (a) EDUCATION ACTIVITIES.—The Secretary obligation to do all we can to include porting this important legislation that of Education may award grants to, or enter individuals with disabilities and help will make a positive—and needed—dif- into contracts or cooperative agreements them to reach their full potentials. ference in the lives of individuals with with, Best Buddies to carry out activities to Yet, as one study on teen attitudes intellectual disabilities and in the lives promote the expansion of Best Buddies, in- notes: ‘‘Legal mandates cannot, how- of those with whom they develop rela- cluding activities to increase the participa- ever, mandate acceptance by peers, tionships. tion of people with intellectual disabilities neighbors, fellow employees, employers Mr. President, I ask unanimous con- in social relationships and other aspects of or any of the other groups of individ- sent that the text of this bill be printed community life, including education and em- ployment, within the United States. uals who directly impact the lives of in the RECORD. people with disabilities.’’ People with (b) LIMITATIONS.— There being no objection, the text of (1) IN GENERAL.—Amounts appropriated to intellectual disabilities have indeed the bill was ordered to be printed in carry out this Act may not be used for direct gained many rights that have improved the RECORD, as follows: treatment of diseases, medical conditions, or their lives; however, negative stereo- S. 3701 mental health conditions. types abound. Social isolation, unfor- Be it enacted by the Senate and House of Rep- (2) ADMINISTRATIVE ACTIVITIES.—Not more tunately, is the norm for people with resentatives of the United States of America in than 5 percent of amounts appropriated to intellectual disabilities. Congress assembled, carry out this Act for a fiscal year may be used for administrative activities. Early intervention, effective edu- SECTION 1. SHORT TITLE. (c) RULE OF CONSTRUCTION.—Nothing in cation, and appropriate support go a This Act may be cited as the ‘‘Best Buddies this Act shall be construed to limit the use long way to helping someone with in- Empowerment for People with Intellectual of non-Federal funds by Best Buddies. tellectual disabilities achieve at the Disabilities Act of 2008’’. SEC. 4. APPLICATION AND ANNUAL REPORT. best of his or her abilities and lead a SEC. 2. FINDINGS AND PURPOSE. (a) APPLICATION.— meaningful life in the community. I (a) FINDINGS.—Congress finds the fol- (1) IN GENERAL.—To be eligible for a grant, would like to tell you about the accom- lowing: (1) Best Buddies operates the first national contract, or cooperative agreement under plishments of Best Buddies, a remark- section 3(a), Best Buddies shall submit an ap- able non-profit organization that is social and recreational program in the United States for people with intellectual plication at such time, in such manner, and dedicated to helping people with intel- disabilities. containing such information as the Sec- lectual disabilities develop relation- (2) Best Buddies is dedicated to helping retary of Education may require. ships that will provide the kind of sup- people with intellectual disabilities become (2) CONTENT.—At a minimum, an applica- port that will help them reach their po- part of mainstream society. tion under this subsection shall contain the (3) Best Buddies is determined to end social following: tential. (A) A description of activities to be carried Founded in 1989, Best Buddies is the isolation for people with intellectual disabil- ities by establishing meaningful friendships out under the grant, contract, or cooperative only national social and recreational agreement. program in the United States for peo- between them and their non-disabled peers in order to help increase the self-esteem, con- (B) Information on specific measurable ple with intellectual disabilities. Best fidence, and abilities of people with and goals and objectives to be achieved through Buddies works to enhance the lives of without intellectual disabilities. activities carried out under the grant, con- people with intellectual disabilities by (4) Since 1989, Best Buddies has enhanced tract, or cooperative agreement. providing opportunities for friendship the lives of people with intellectual disabil- (b) ANNUAL REPORT.— and integrated employment. Through ities by providing opportunities for 1-to-1 (1) IN GENERAL.—As a condition of receipt of any funds under section 3(a), Best Buddies more than 1,000 volunteer-run chapters friendships and integrated employment. (5) Best Buddies is an international organi- shall agree to submit an annual report at at middle schools, high schools and col- such time, in such manner, and containing leges, students with and without intel- zation spanning 1,300 middle school, high school, and college campuses. such information as the Secretary of Edu- lectual disabilities are paired up in a (6) Best Buddies implements programs that cation may require. one-to-one mentoring friendship. Best will positively impact more than 350,000 indi- (2) CONTENT.—At a minimum, each annual Buddies also facilitates an Internet pen viduals in 2008 and expects to impact 500,000 report under this subsection shall describe pal program, an adult friendship pro- people by 2010. the degree to which progress has been made gram, and a supported employment (7) The Best Buddies Middle Schools pro- toward meeting the specific measurable gram matches middle school students with goals and objectives described in the applica- program. tions submitted under subsection (a). Approximately 7 million people in intellectual disabilities with other middle the United States have an intellectual school students and creates 1-to-1 friendships SEC. 5. AUTHORIZATION OF APPROPRIATIONS. disability; every one of these individ- between them. There are authorized to be appropriated to (8) The Best Buddies High Schools program the Secretary of Education for grants, con- uals would benefit from the kind of re- matches high school students with intellec- tracts, or cooperative agreements under sec- lationships that the Best Buddies pro- tual disabilities with other high school stu- tion 3(a), $10,000,000 for fiscal year 2009, and grams help to establish. The resulting dents and creates 1-to-1 friendships between such sums as may be necessary for each of friendships are mutually beneficial, in- them. the 4 succeeding fiscal years.

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.046 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10665 By Ms. SNOWE (for herself and other purposes; to the Committee on by increasing the amount of financing, Mr. WHITEHOUSE): Finance. from $2 million to $3 million, that S. 3704. A bill to authorize additional Ms. SNOWE. Mr. President, I rise small firms can secure; allowing small Federal Bureau of Investigation field today to introduce the 10 Steps for a firms to refinance their 7(a) loans if agents to investigate financial crimes; Main Street Economic Recovery Act of they can get better terms with another to the Committee on the Judiciary. 2008, a measure that will take dramatic lender; and simplifying procedures for Ms. SNOWE. Mr. President, I rise to action to finance the growth of our Na- the loan poolers who bundle SBA loans introduce legislation with Senator tion’s small businesses, which rep- in a secondary market that will gen- WHITEHOUSE to extend the reach of resent 99.7 percent of all employers and erate additional liquidity for small the Federal Bureau of Investigation create approximately 75 percent of net firms and banks. into financial crimes that may have jobs each year. Our country faces a fi- As a second step, my bill would di- helped precipitate the economic melt- nancial crisis of unprecedented sever- rectly expand small firms’ access to down of the past several months. ity that is choking off economic credit by making the SBA’s Commu- We must investigate and scrutinize growth and small business survival by nity Express lending program perma- this financial crisis as we would a ter- denying all businesses, but especially nent. This year, as credit has con- rorist attack in order to determine its small firms, access to the capital they tracted, demand for the SBA’s Commu- causes and how to preempt another need. nity Express program has increased economic collapse in the United As Ranking Member of the Senate dramatically. But, because this is a States. Committee on Small Business and En- pilot program, its ability to meet this Following the September 11th at- trepreneurship, it has long been my loan demand has been severely re- tacks, the FBI re-directed approxi- goal to expand access to capital for stricted, forcing lenders to turn bor- mately 1,000 agents to small businesses. One of the most valu- rowers away who qualify for Commu- counterterrorism and counterintel- able assets for realizing this goal are nity Express loans. ligence activities. Without a doubt, the Small Business Administration’s, My legislation also seeks to bring in there is no argument that our country SBA’s, core lending programs, includ- new and rural lenders, and teach them has benefitted from the dedicated ef- ing the 7(a) and 504 programs. Histori- how to make SBA loans, by estab- forts of the men and women of the FBI cally, when credit to small businesses lishing an online loan underwriting who are performing this valuable work. has contracted, as is presently the guide to walk lenders through the proc- Over a 10-year period, from fiscal case, banks have turned to the SBA in ess. This would increase the number of year 1999 to fiscal year 2008, Congress order to make loans to small business banks making SBA loans, from rural has increased direct appropriations for owners. Yet, regrettably, during these Maine to small towns in California, and the FBI from $2.993 billion and 26,693 arduous economic times—we are not ultimately promote small business positions to $6.658 billion, 122 percent only seeing a significant drop in the owners’ overall access to capital. increase, and 30,211 positions, 13 per- amount of business loans made but we As a third step, my bill would im- cent increase. Most of these new re- are also seeing credit lines completely prove the SBA’s 504 loan program by sources were provided in the wake of shut down and commercial loans can- raising the loan limit from $2 million the September llth terrorist attacks, celed. to $3 million. It would also permit bor- as the FBI redirected its resources to- Our current economic downturn is rowers to refinance some existing debts ward combating domestic and inter- drastically more dangerous than any into a 504 loan, and expands the 504 pro- national terrorism by improving its in- threat to our financial system in dec- gram’s ability to finance projects in telligence gathering and processing ca- ades. Banks are tightening their lend- low-income communities. pabilities. As a consequence, for fiscal ing standards without a similar in- Fourth, the 10 Steps for a Main year 2008, about 60 percent of FBI fund- crease in the volume of SBA guaran- Street Economic Recovery Act would ing and staffing is allocated to national teed loans to small businesses, creating rectify the current lack of liquidity in security programs, including a domino effect on small businesses’ the 504 program by providing a new counterterrorism and counterintel- job creation ability. The Federal Re- short-term guarantee on the first loans ligence. serve’s November 2008 Quarterly Loan in the 504 loan package in order to en- In view of the breadth and severity of Officer Survey finds that, in the last courage investors to buy these securi- the economic crisis brought on by quarter, 75 percent of banks state that ties. Currently, without such a guar- events in U.S. financial markets, how- they have tightened their lending antee, investors are not purchasing the ever, I am very concerned that crimi- standards for small firms. Not surpris- first loans in the 504 loan package. This nal wrongdoing may have played a sig- ingly, lending in the SBA’s 7(a) and 504 is preventing Community Development nificant role in crippling some of programs have declined dramatically. Companies, CDCs, from making new 504 America’s largest companies. Criminal Over the past year, lending in the 7(a) loans to small firms. The cost of this activity, such as fraud, misrepresenta- program has decreased by 55 percent guarantee will be fully covered by par- tion, self-dealing, and insider trading while loan volume in the 504 program is ticipating 504 lenders. Once enacted may have instigated or exacerbated the down 36 percent. Since the U.S. finan- into law, this temporary guarantee, financial industry upheaval of 2008. cial market turmoil began in Sep- which would expire at the end of fiscal In order to augment FBI investiga- tember, overall SBA lending is down by year 2010, would increase investor con- tions of financial crimes, the FBI Pri- 50 percent from the previous year. fidence, encourage them to buy 504 in- orities Act of 2008 authorizes $150 mil- This is why I am introducing the 10 vestments and resurrect demand for 504 lion for each of the fiscal years 2009 Steps for a Main Street Economic Re- loans. through 2013 to fund approximately covery Act, which, as its title indi- Fifth, my legislation contains large, 1,000 Federal Bureau of Investigation cates, contains a series of 10 achiev- temporary fee reductions to defray the field agents in addition to the number able, commonsense steps that could be cost of borrowing for small business of field agents serving on the date of implemented immediately to help thaw owners and SBA lenders. My proposal enactment. It is my hope that this out frozen credit markets so that small would reduce overall fees for 7(a) and extra manpower will enable the FBI to businesses—both in Maine and across 504 lenders and borrowers by $510 mil- develop leads on unlawful actions, dig the country—can continue to be the lion dollars, a hefty sum considering deeply into those leads, and bring re- driving force of our Nation’s economy. that the SBA’s fiscal year 2008 budget sponsible parties to justice. The Amer- All of the provisions included in my was only $663 million. When small ican public deserves no less. legislation would directly address the firms lack access to capital, they are credit crunch small firms are facing unable to buy new inventory, finance By Ms. SNOWE: and help them get the capital nec- new expansions, or often even cover S. 3705. A bill to amend the Small essary to finance business growth. their payrolls. During these troubled Business Act and the Small Business First, my bill would improve the times, the SBA should do everything Investment Act of 1958 to stop the Small Business Administration’s flag- within its power, including lowering small business credit crunch, and for ship lending program, the 7(a) program, lending fees, to help ensure that small

VerDate Aug 31 2005 04:36 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.051 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10666 CONGRESSIONAL RECORD — SENATE November 19, 2008 firms have access to the credit they re- ment Companies and National Associa- title V of the Small Business Investment Act quire. tion of Guaranteed Government Lend- of 1958 (15 U.S.C. 695 et seq.) that uses max- Sixth, as small firms are being ers. imum tangible net worth and average net in- turned away from banks and are seek- come as an alternative to the industry size Given the dimensions of what is oc- standard. ing credit through micro-lending orga- curring in our economy, the SBA and ‘‘(B) INTERIM RULE.—Until the date on nizations, my legislation recognizes the Administration must do everything which the optional size standards established that the credit crunch has increased possible to help credit worthy small under subparagraph (A) are in effect, the al- the demand for SBA microloans. It businesses secure the loans they need ternative size standard in section 121.301(b) dedicates $25 million so that SBA to innovate, access new markets, hire of title 13, Code of Federal Regulations, or microloan providers can make addi- new employees, and grow. Today, as any successor thereto, may be used by busi- tional loans and cover the costs of ness loan applicants under section 7(a).’’. banks are raising their credit require- (d) FLEXIBILITY FOR POOLING OF LARGE technical assistance associated with ments in order to avoid risk, it is be- LOANS.—Section 5(g)(1) of the Small Business these microloans. coming more and more difficult for Act (15 U.S.C. 634(g)(1)) is amended by— As a seventh step, my bill would small businesses to qualify for loans. (1) inserting ‘‘(A)’’ after ‘‘(1)’’; raise the maximum amount of govern- The SBA’s lending programs are crit- (2) striking the colon and inserting a pe- ment guaranteed capital a Small Busi- ical to small businesses in this endeav- riod; ness Investment Company, SBIC, can or. (3) striking ‘‘Provided’’ and all that follows control, from $130.6 million to $150 mil- through ‘‘certificates’’ and inserting the fol- By implementing the vital provisions lowing: lion for a single SBIC and $225 million contained in the 10 Steps for a Main ‘‘(B) A trust certificate issued under this for a group of SBICs. This will enable Street Economic Recovery Act, we can paragraph’’; and SBICs to have additional funds to in- increase the opportunities for our Na- (4) adding at the end the following: vest in start-up small businesses, tion’s small businesses to not only sur- ‘‘(C) For a loan of more than $500,000 that which will be critical in driving eco- vive during this downturn, but to be a has been guaranteed by the Administrator nomic recovery. under this Act, the Administrator shall, on catalyst for turning around and rein- the request of a loan pool assembler, divide Eighth, this legislation would direct vigorating our economy. I encourage the amount of such loan into individual the SBA to develop a nationwide adver- my colleagues to join me in supporting guarantees, no 1 of which may exceed tising strategy to direct small firms to the 10 Steps for a Main Street Recov- $500,000. Not more than 1 portion of a loan SBA lenders, and dedicates $5 million ery Act. that has been divided under this subpara- to pay for this strategy. Today, many Mr. President, I ask unanimous con- graph shall be included in the same pool. Portions of more than 1 loan divided under local and community banks have credit sent that the text of the bill be printed they can extend to small firms. Unfor- this subparagraph may be included in the in the RECORD. same pool. tunately, many small businesses hear There being no objection, the text of ‘‘(D) A lender that makes or services a loan that there is a credit crunch and erro- the bill was ordered to be printed in guaranteed under section 7(a) may purchase neously believe that no other lenders the RECORD, as follows: or hold all or any part of a loan pool that in- cludes a loan made or serviced by the lender. have financing options available. This S. 3705 vital advertising will guide small firms ‘‘(E) A purchase or holding by a lender de- Be it enacted by the Senate and House of Rep- scribed in subparagraph (D) shall not affect to find the available resources they resentatives of the United States of America in the guarantee under section 7(a) of a loan in need through SBA lenders. Congress assembled, a pool.’’. As a ninth step, my legislation recog- SECTION 1. SHORT TITLE; DEFINITIONS. SEC. 3. COMMUNITY EXPRESS AND RURAL LEND- nizes that taxes disproportionately im- (a) SHORT TITLE.—This Act may be cited as ING. pact small firms’ bottom lines. It the ‘‘10 Steps for a Main Street Economic (a) COMMUNITY EXPRESS PROGRAM ESTAB- would provide tax breaks that will spur Recovery Act of 2008’’. LISHED.—Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this small business growth by extending the (b) DEFINITIONS.—In this Act— (1) the term ‘‘Administration’’ means the Act, is amended by adding at the end the fol- increased $250,000 small business ex- lowing: pensing limit through 2009. This will Small Business Administration; (2) the term ‘‘Administrator’’ means the ‘‘(35) COMMUNITY EXPRESS PROGRAM.— provide small businesses with incen- ‘‘(A) DEFINITIONS.—In this paragraph— Administrator of the Small Business Admin- tives to invest in plants and equipment ‘‘(i) the term ‘community express program’ istration; and means the loan program under this para- by reducing their cost of capital. Addi- (3) the term ‘‘small business concern’’ has graph; tionally, the bill would provide small the same meaning as in section 3 of the ‘‘(ii) the term ‘eligible small business con- firms with an immediate capital injec- Small Business Act (15 U.S.C. 632). tion by allowing them to carryback cern’ means— SEC. 2. 7(a) LOANS. ‘‘(I) a small business concern owned and their 2008 or 2009 net operating losses (a) MAXIMUM LOAN AMOUNT.—Section controlled by women, as defined in section for 5 years and provide business owners 7(a)(3)(A) of the Small Business Act (15 29(a)(3); with a longer period over which to off- U.S.C. 636(a)(3)(A)) is amended by striking ‘‘(II) a small business concern owned by a set current losses. These measures will ‘‘$1,500,000 (or if the gross loan amount would qualified Indian tribe; help small companies sustain oper- exceed $2,000,000’’ and inserting ‘‘$2,500,000 (or ‘‘(III) a small business concern owned and ations and continue to employ work- if the gross loan amount would exceed controlled by a socially or economically dis- $3,000,000’’. ers. advantaged individual, as determined by the (b) REFINANCING EXISTING LOANS.— Administrator; Finally, this legislation would clarify (1) IN GENERAL.—Section 7(a) of the Small ‘‘(IV) a small business concern owned and that 7(a) and 504 loans are eligible for Business Act (15 U.S.C. 636) is amended by controlled by veterans; the Treasury Department’s Troubled adding at the end the following: ‘‘(V) a small business concern owned and Asset Relief Program, TARP. I have ‘‘(34) REFINANCING EXISTING LOANS.—A bor- controlled by a member of a reserve compo- sent a letter, with Senator KERRY, di- rower that has received a loan under this nent of the Armed Forces, as defined in sec- recting the U.S. Treasury Department subsection may refinance the balance of the tion 101 of title 10, United States Code; to immediately purchase illiquid 7(a) loan by applying for a loan from the lender ‘‘(VI) a small business concern located in that made the original loan or with another an area that the Administrator determines and 504 securities from the secondary lender.’’. to be a low-income or moderate-income area; market in order to free these markets (2) TECHNICAL AMENDMENT.—Section 7(a) of ‘‘(VII) a HUBZone small business concern; up and once again create liquidity for the Small Business Act (15 U.S.C. 636(a)) is and small businesses. Though the Treasury amended by striking ‘‘(32) INCREASED’’ and ‘‘(VIII) a small business concern located in already has this authority under the inserting ‘‘(33) INCREASED’’. a special market initiative; TARP, this provision would clarify (c) ALTERNATIVE SIZE STANDARD.—Section ‘‘(iii) the term ‘qualified private lender’ that authority so the Treasury can act 3(a) of the Small Business Act (15 U.S.C. means a private lender that meets such re- promptly and decisively to address the 632(a)) is amended by adding at the end the quirements as the Administrator shall estab- following: lish; and credit crunch’s impact on small firms. ‘‘(5) OPTIONAL SIZE STANDARD.— ‘‘(iv) the term ‘special market initiative’ In developing this bill, my office ‘‘(A) IN GENERAL.—The Administrator shall means a community, market, or industry reached out to a host of small busi- establish an optional size standard for busi- designated by the Director of a district office nesses and lenders, and consulted with ness loan applicants under section 7(a) and of the Administration for economic develop- the National Association of Develop- development company loan applicants under ment purposes.

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‘‘(B) LOANS OF $150,000 OR LESS.— ‘‘(ii) not later than 1 year after the date of (C) shall assist a lender in using the inter- ‘‘(i) AUTHORIZATION.—The Administrator enactment of this paragraph.’’. nal credit evaluation processes of the lender may guarantee timely payment of principal (b) RURAL LENDER AND NEW LENDER OUT- to make a loan under a program of the Ad- and interest, as scheduled, on a loan of not REACH PROGRAM.—Section 7(a) of the Small ministration and build the capacity and abil- more than $150,000 issued by a qualified pri- Business Act (15 U.S.C. 636(a)), as amended ity of the lender to make such loans; vate lender to a small business concern. by this Act, is amended by adding at the end (D) shall provide simple steps to assist a ‘‘(ii) GUARANTEE PERCENTAGE.—The Admin- the following: lender that has not made a loan guaranteed istrator may guarantee not more than 85 ‘‘(36) RURAL LENDER AND NEW LENDER OUT- by the Administration through the loan ap- percent of the amount of a loan under this REACH PROGRAM.— plication process for a loan under section subparagraph. ‘‘(A) DEFINITIONS.—In this paragraph— 7(a) of the Small Business Act (15 U.S.C. ‘‘(i) the term ‘new lender’ means a lender ‘‘(C) LOANS OF MORE THAN $150,000.— 636(a)); that has not made more than 20 loans guar- ‘‘(i) AUTHORIZATION.—The Administrator (E) shall include information, guidance, may guarantee timely payment of principal anteed by the Administrator during the 3- sample documentation, questions and an- year period ending on the date on which the and interest, as scheduled, on a loan of more swers, and any other information necessary applicable loan is submitted (including a than $150,000 and not more than $300,000 to guide a lender through the process of lender that has not made a loan guaranteed issued by a qualified private lender to an eli- making a loan guaranteed by the Adminis- by the Administration); gible small business concern under this sub- tration in a systematic and simple fashion; ‘‘(ii) the term ‘rural area’ has the meaning paragraph. and given that term in subsection (m); and (F) shall include information relating to— ‘‘(ii) GUARANTEE PERCENTAGE.—The Admin- ‘‘(iii) the term ‘rural lender’ means a lend- (i) loan application and preapproval; istrator may guarantee not more than 75 er that— (ii) loan underwriting; percent of a loan the amount of a loan under ‘‘(I) is located in a rural area; and (iii) requirements after loan approval; this subparagraph. ‘‘(II) made not more than 20 loans guaran- (iv) preparation for loan closing; ‘‘(D) QUALIFIED PRIVATE LENDER REQUIRE- teed by the Administration during the 3-year (v) closing the loan; and MENTS.— period ending on the date on which the appli- (vi) servicing the loan. ‘‘(i) TECHNICAL ASSISTANCE.—A qualified cable loan application is submitted (includ- (4) ELECTRONICALLY SUBMITTED LOANS.— private lender shall— ing a lender that has not made a loan guar- The Administrator shall use the guide as a ‘‘(I) ensure that appropriate technical as- anteed by the Administration). means to increase the number of applica- sistance is provided to each borrower that ‘‘(B) PROGRAM.—The Administrator shall tions for loan guarantees submitted elec- receives a loan under the community express carry out a rural lender and new lender out- tronically for approval from rural lenders program from the qualified private lender; reach program, under which the Adminis- and new lenders. ‘‘(II) encourage a borrower that receives a trator may guarantee timely payment of SEC. 4. 504 LOANS. loan under the community express program principal and interest, as scheduled, on a (a) MAXIMUM LOAN AMOUNTS UNDER 504 from the qualified private lender to use the loan to a small business concern of not more PROGRAM.—Section 502(2)(A) of the Small business development programs of the Ad- than $500,000 made by a rural lender or a new Business Investment Act of 1958 (15 U.S.C. ministration for technical assistance; and lender. 696(2)(A)) is amended— ‘‘(III) to the extent practicable, use the ‘‘(C) LOAN PROCESSING.— (1) in clause (i), by striking ‘‘$1,500,000’’ and loan process to work with a borrower that ‘‘(i) IN GENERAL.—The Administrator shall inserting ‘‘$2,250,000’’; receives a loan under the community express establish, for loans guaranteed under this (2) in clause (ii), by striking ‘‘$2,000,000’’ program from the qualified private lender, in paragraph— and inserting ‘‘$3,000,000’’; and order to— ‘‘(I) streamlined application and docu- (3) in clause (iii), by striking ‘‘$4,000,000’’ ‘‘(aa) develop a business plan, if appro- mentation requirements; and and inserting ‘‘$5,500,000’’. priate; ‘‘(II) minimum credit standards necessary (b) BUSINESSES IN LOW-INCOME COMMU- ‘‘(bb) assess the strengths and weaknesses to provide for a reasonable assurance of re- NITIES.— of the borrower in management and other payment, in accordance with paragraph (6). (1) GOALS.—Section 501(d)(3)(A) of the relevant areas; and ‘‘(ii) NEW LENDER TRAINING AND CERTIFI- Small Business Investment Act of 1958 (15 ‘‘(cc) provide technical assistance to ad- CATION.—The Administrator may guarantee U.S.C. 695(d)(3)(A)) is amended by inserting dress any assessed weaknesses of the bor- a loan made by a new lender under this para- after ‘‘business district revitalization,’’ the rower. graph if the Administrator— following: ‘‘or expansion of businesses in a ‘‘(ii) COLLATERAL POLICY.— ‘‘(I) provides the new lender with training low-income community, as defined in section ‘‘(I) IN GENERAL.—The Administrator shall described in subparagraph (D); and 45D(e) of the Internal Revenue Code of 1986 establish a policy relating to collateral for ‘‘(II) determines that the new lender meets and implementing regulations,’’. loans under the community express program, minimum standards for program knowledge, (2) ADDITIONAL INCENTIVES.—Section 502 of which shall permit a qualified private lender borrower eligibility, and underwriting stand- the Small Business Investment Act of 1958 to make a loan of not more than $15,000 with- ards. (15 U.S.C. 696) is amended by adding at the out collateral. ‘‘(iii) APPROVAL OR DISAPPROVAL.—For a end the following: ‘‘(II) LIMITATION.—The policy established loan guaranteed under this paragraph, the ‘‘(7) LOW-INCOME COMMUNITIES.— by the Administrator may not limit the abil- Administrator shall approve or disapprove ‘‘(A) LOAN AMOUNT.—Notwithstanding ity of a qualified private lender to follow any the loan in as expedited manner as prac- paragraph (2)(A)(ii), a loan under this section internal procedure of the lender related to ticable. for use in a low-income community described collateral. ‘‘(D) TRAINING.—At regularly scheduled in- in section 501(d)(3)(A) may not exceed ‘‘(iii) EQUITY OF BORROWERS.—Each quali- tervals and upon request by a new lender or $5,500,000. fied private lender shall verify that a bor- rural lender the Administrator shall provide ‘‘(B) SIZE STANDARDS.—For purposes of de- rower receiving a loan under the community training for new lenders and rural lenders on termining eligibility for a loan under this express program has an equity stake of at the loan guarantee program under this sub- section for use in a low-income community least 10 percent in the business concern. section.’’. described in section 501(d)(3)(A), the size ‘‘(iv) FINANCIAL STATEMENTS.—Each quali- (c) ELECTRONIC ONLINE LOAN UNDERWRITING standards established by the Administrator fied private lender shall obtain a financial PROGRAM GUIDE.— under section 3 of the Small Business Act (15 statement from a borrower before making a (1) PURPOSE.—The purpose of this sub- U.S.C. 632) shall be increased by 25 percent. loan under the community express program. section is to assist rural lenders and new ‘‘(C) PERSONAL LIQUIDITY.— ‘‘(v) SALE OF LOANS.—A qualified private lenders in making more loans of good under- ‘‘(i) IN GENERAL.—For any loan under this lender may not sell more than 80 percent of writing quality to small business concerns. section for use in a low-income community the total dollar value of the loans made by (2) ONLINE UNDERWRITING GUIDE.—The Ad- described in section 501(d)(3)(A), the amount the qualified private lender under the com- ministrator shall establish an online under- of personal resources of an owner that are munity express program to another person writing program guide (in this subsection re- excluded from the amount required to be or entity. ferred to as the ‘‘guide’’) to develop the lend- provided to reduce the portion of the project ‘‘(E) SIMPLIFICATION OF RULES.—The Ad- ing capacity of rural lenders and new lenders funded by the Administration shall be not ministrator shall review the regulations and (as such terms are defined in paragraph (36) less than 25 percent more than that required procedures relating to the community ex- of section 7(a) of the Small Business Act (15 for other loans under this section. press program to ensure that such regula- U.S.C. 636(a)), as added by this Act). ‘‘(ii) DEFINITION.—In this subparagraph, tions and procedures are simple and clear (3) REQUIREMENTS.—The guide— the term ‘owner’ means any person that and do not create barriers to participation in (A) is not intended to replace the internal owns not less than 20 percent of the equity of the program. credit scoring and loan approval process of a the small business concern applying for the ‘‘(F) NOTICE AND COMMENT.—The Adminis- lender; applicable loan.’’. trator shall establish policies relating to the (B) shall demonstrate the steps the Admin- (c) ADDITIONAL EQUITY INJECTIONS.—Sec- community express program— istrator expects a lender to take in making tion 502(3)(B)(ii) of the Small Business In- ‘‘(i) after notice and the opportunity for a loan under a program of the Administra- vestment Act of 1958 (15 U.S.C. 696(3)(B)(ii)) comment; and tion; is amended to read as follows:

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‘‘(ii) FUNDING FROM INSTITUTIONS.—If a (i) is current on all payments due on the (B) MATURITY.— small business concern— loan on the date on which the loan is guaran- (i) IN GENERAL.—Each pool may include ei- ‘‘(I) provides the minimum contribution teed under subsection (b); and ther— required under subparagraph (C), not less (ii) has not been more than 29 days past (I) third party financings with remaining than 50 percent of the total cost of any due on a payment during the 12-month pe- terms to maturity of 15 years or less; or project financed under clause (i), (ii), or (iii) riod ending on the date on which the loan is (II) third party financings with remaining of subparagraph (C) shall come from the in- guaranteed under subsection (b). terms to maturity of more than 15 years. stitutions described in subclauses (I), (II), (b) LOAN GUARANTEE.— (ii) NO OTHER LIMITATIONS.—Except as pro- and (III) of clause (i) of this subparagraph; (1) IN GENERAL.—To the extent amounts vided in clause (i), the Administrator may and are provided in advance in appropriations not limit the difference between the remain- ‘‘(II) provides more than the minimum con- Acts, and in accordance with this subsection, ing terms to maturity of the third party tribution required under subparagraph (C), upon application of a pool assembler who has financings forming a pool. any excess contribution may be used to re- acquired a third party financing, the Admin- (C) SIZE.— duce the amount required from the institu- istrator shall guarantee the timely repay- (i) IN GENERAL.—If the amount of the guar- tions described in subclauses (I), (II), and ment of principal and interest on 80 percent anteed portion of any third party financing (III) of clause (i) of this subparagraph, except of the balance of the third party financing exceeds $500,000, the Administrator shall, that the amount from such institutions may outstanding on the date of the guarantee. upon request of the pool assembler, divide not be reduced to an amount that is less (2) LENDERS.—A lender that made a third the amount of the third party financing into than the amount of the loan made by the Ad- party financing guaranteed under paragraph individual guarantees no 1 of which exceeds ministrator.’’. (1)— $500,000. (d) REFINANCING UNDER THE LOCAL DEVEL- (A) shall— (ii) DIVIDED FINANCINGS.—Not more than 1 OPMENT BUSINESS LOAN PROGRAM.—Section (i) agree to hold and service the note issued portion of a third party financing that has 502 of the Small Business Investment Act of as part of the third party financing; been divided under this subparagraph shall 1958 (15 U.S.C. 696), as amended by this Act, (ii) comply with the reporting and pay- be included in the same pool. Portions of is amended by adding at the end the fol- ment remittance requirements of the Admin- more than 1 third party financing divided lowing: istrator; and under this subparagraph may be included in ‘‘(8) PERMISSIBLE DEBT REFINANCING.— (iii) enter a secondary participation guar- the same pool. ‘‘(A) IN GENERAL.—Any financing approved anty agreement with the Administrator and (3) TIMELY PAYMENT.— under this title may include a limited the fiscal and transfer agent of the Adminis- (A) IN GENERAL.—The Administrator may, amount of debt refinancing. trator; and upon such terms and conditions as the Ad- ‘‘(B) EXPANSIONS.—If the project involves (B) may collect and retain all of any appli- ministrator determines appropriate, guar- expansion of a small business concern which cable prepayment penalties otherwise pro- antee the timely payment of principal and has existing indebtedness collateralized by vided in the event the third party financing interest on a trust certificate issued by the fixed assets, any amount of existing indebt- is prepaid. Administrator or an agent of the Adminis- edness that does not exceed 1⁄2 of the project (3) GUARANTEE FEE.—To cover the costs of trator under this subsection. A guarantee cost of the expansion may be refinanced and guarantees under this subsection and the under this paragraph shall be limited to the added to the expansion cost, if— cost of issuing trust certificates under sub- principal and interest on the guaranteed por- ‘‘(i) the proceeds of the indebtedness were section (c), a lender that made a third party tions of the third party financings that com- used to acquire land, including a building financing guaranteed under paragraph (1) prise the trust or pool. situated thereon, to construct a building shall pay to the Administrator— (B) PREPAYMENT.—If a third party financ- thereon, or to purchase equipment; (A) a one-time fee equal to 1 percent of the ing in a trust or pool guaranteed under this ‘‘(ii) the borrower has been current on all net amount of the third party financing paragraph is prepaid, either voluntarily or in payments due on the existing debt for not guaranteed by the Administration, payable the event of default, the guarantee of timely less than 1 year preceding the date of refi- on the date on which the third party financ- payment of principal and interest on the nancing; and ing is guaranteed; and trust certificates shall be reduced in propor- ‘‘(iii) the financing under section 504 will (B) a monthly fee on the unpaid balance of tion to the amount of principal and interest provide better terms or rate of interest than the net amount of the third party financing the prepaid third party financing represents exists on the debt at the time of refi- guarantee at the rate of 25 basis points per in the trust or pool. Interest on prepaid or nancing.’’. year. defaulted third party financings shall accrue (e) JOB CREATION REQUIREMENTS.—Section (4) MAXIMUM AMOUNT.—The Administrator and be guaranteed by the Administrator only 501(e) of the Small Business Investment Act may guarantee a total amount of not more through the date of payment on the guar- of 1958 (15 U.S.C. 695(e)) is amended— than $6,000,000,000 in third party financings antee. During the term of a trust certificate (1) in paragraph (1), by striking ‘‘$50,000’’ under this subsection. issued under this subsection, the trust cer- and inserting ‘‘$65,000’’; and (5) TERMINATION OF AUTHORITY.—The au- tificate may be called for redemption due to (2) in paragraph (2), by striking ‘‘$50,000’’ thority of the Administrator to guarantee a prepayment or default of all third party and inserting ‘‘$65,000’’. third party financing under this subsection financings constituting the pool. SEC. 5. GUARANTEE AND SALE OF BANK shall terminate on September 30, 2010. (4) FULL FAITH AND CREDIT.—The full faith FINANCINGS WITH 504 LOAN PRO- (6) APPROPRIATION.—In addition to any and credit of the United States is pledged to GRAM. other amounts appropriated, there are appro- the payment of all amounts that may be re- (a) DEFINITIONS.—In this section— priated for the fiscal year ending September quired to be paid under any guarantee of a (1) the term ‘‘pool assembler’’ means a fi- 30, 2009, for the ‘‘Business Loans Program trust certificate issued by the Administrator nancial institution that— Account’’ of the Administration, out of any or an agent of the Administrator under this (A) organizes and packages a loan pool by money in the Treasury not otherwise appro- subsection. acquiring the guaranteed portion of third priated, $1 for loan subsidies and for loan (5) USE OF AGENT.—The Administrator party financings guaranteed by the Adminis- modifications for guarantees authorized shall negotiate an amendment to the con- trator under subsection (b); under this subsection, to remain available tract in effect on the date of enactment of (B) resells fractional interests in the loan until expended. this Act with the agent for fee collection for pool to registered holders; and (c) TRUST CERTIFICATES.— trust certificates issued under section 5(g) of (C) directs that the fiscal and transfer (1) ISSUANCE.—The Administrator may the Small Business Act (15 U.S.C. 634(g)) to agent of the Administrator to issue trust issue a trust certificate representing owner- collect the monthly fee under subsection certificates; and ship of all or a fractional part of the guaran- (b)(3)(B) of this section. The agent may re- (2) the term ‘‘third party financing’’ means teed portion of 1 or more third party ceive, as compensation for services, any in- a financing described in section 502(3)(B)(ii) financings that have been guaranteed by the terest earned on a fee collected under this of the Small Business Investment Act of 1958 Administrator under subsection (b). A trust section while in the control of the agent be- (15 U.S.C. 696(3)(B)(ii))— certificate issued under this subsection shall fore the time at which the agent is contrac- (A) made on or before the date of enact- be based on and backed by a trust or pool ap- tually required to remit the fee to the Ad- ment of this Act; proved by the Administrator and composed ministrator. (B) that provides for the payment of inter- solely of the entire guaranteed portion of (6) CLAIMS.—In the event the Adminis- est at a fixed rate or under a variable rate third party financings guaranteed by the Ad- trator pays a claim under a guarantee issued index (plus a spread) based upon Prime rate, ministrator under subsection (b). under this subsection, it shall be subrogated a London Interbank Offered Rate (or (2) POOLING REQUIREMENTS.— fully to the rights satisfied by such payment. LIBOR), a Federal Home Loan Bank rate, a (A) INTEREST RATE.—The interest rate on a (7) OWNERSHIP RIGHTS.—No State or local United States Treasury rate, or a generally trust certificate issued under this subsection law, and no Federal law, shall preclude or accepted market index rate approved by the shall be the weighted average interest rate of limit the exercise by the Administrator of Administrator; all third party financings in the pool. There the ownership rights in the portions of third (C) that provides amortized payments with shall be no limit on the difference between party financings constituting the trust or a maturity of not more than 25 years; and the highest and lowest note interest rates on pool against which a trust certificate is (D) for which the borrower— third party financings forming the pool. issued under this subsection.

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(8) CENTRAL REGISTRATION.—The Adminis- (2) REPORT ON MAKING FEES CONTINGENT ON the Administrator for each of fiscal years trator— PERFORMANCE.—Not later than 6 months 2009 and 2010— (A) shall provide for a central registration after the date of enactment of this Act, the (i) $175,000,000 to carry out subparagraph of all trust certificates issued under this sub- Administrator, in consultation with lenders (A)(i); section; that have made loans guaranteed under sec- (ii) $75,000,000 to carry out subparagraph (B) shall negotiate an amendment to the tion 7 of the Small Business Act (15 U.S.C. (A)(ii). contract in effect on the date of enactment 636), shall submit to the Committee on Small (3) 504 LOAN FEE AND RATE REDUCTIONS.— of this Act with the agent for central reg- Business and Entrepreneurship of the Senate (A) FEE REDUCTIONS.— istration of trust certificates issued pursu- and the Committee on Small Business of the (i) FEE REDUCTIONS.—To the extent the ant to section 5(h) of the Small Business Act House of Representatives a report regarding cost of such reduction in fees is offset by ap- (15 U.S.C. 634(h)) to carry out on behalf of the the feasibility of assessing annual fees under propriations, for any loan guarantee or Administrator the central registration func- section 7(a)(23)(A) of the Small Business Act project for which an application is closed on tions under this subsection and the issuance (15 U.S.C. 636(a)(23)(A)) in an amount that is or after the date of enactment of this Act— of trust certificates to facilitate pooling, contingent on the performance of the lender, (I) with respect to an institution described under which— including consideration of the meeting the in subclause (I), (II), or (III) of section (i) the agent may be compensated through requirement under section 7(a)(1) of that Act 502(3)(B)(i) of the Small Business Investment any of the fees collected under this section (15 U.S.C. 636(a)(1)) of providing credit to ap- Act of 1958 (15 U.S.C. 696(3)(B)(i)), the Admin- and any interest earned on any funds col- plicants than cannot obtain credit elsewhere. istrator shall, in lieu of the fees otherwise lected by the agent while such funds are in The report under this paragraph may include applicable under section 503(d)(2) of the the control of the agent and before the time proposed legislation. Small Business Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee; at which the agent is contractually required (b) FEE REDUCTIONS.— (II) a development company shall, in lieu to transfer such funds to the Administrator (1) NEW 7(A) LENDER DEFINED.—In this sub- of the mandatory 0.625 servicing fee under or to the holders of the trust certificates, as section the term ‘‘new 7(a) lender’’ means a section 120.971(a)(3) of title 13, Code of Fed- appropriate; and lender that has not made more than 20 loans eral Regulations, (relating to fees paid by (ii) the agent shall provide a fidelity bond guaranteed by the Administrator under sec- or insurance in such amounts as the Admin- borrowers), or any successor thereto, collect tion 7(a) of the Small Business Act (15 U.S.C. no fee; and istrator determines to be necessary to fully 636(a)) during the 3-year period ending on the protect the interest of the Government; and (III) the Administrator shall, in lieu of the date on which the Administrator determines fee otherwise applicable under section (C) may— the fee under section 7(a)(23)(A) of that Act (i) use a book-entry or other electronic 503(d)(3) of the Small Business Investment (15 U.S.C. 636(a)(23)(A)) for the lender. Act (15 U.S.C. 697(d)(3)), collect no fee. form of registration for trust certificates (A) LOAN FEE REDUCTIONS (2) 7 .— (ii) REIMBURSEMENT FOR WAIVED FEES.— issued under this subsection; and (A) IN GENERAL.—For fiscal years 2009 and (ii) with the consent of the Secretary of (I) IN GENERAL.—To the extent the cost of 2010, and to the extent the cost of such re- such payments is offset by appropriations, the Treasury, use the book-entry system of duction in fees is offset by appropriations, the Federal Reserve System. the Administrator shall reimburse each de- with respect to each loan guaranteed under velopment company that does not collect a (9) SALE.—The Administrator shall, before section 7(a) of Small Business Act (15 U.S.C. servicing fee pursuant to clause (i)(II). any sale of a trust certificate issued under 636(a))— (II) AMOUNT.—The payment to a develop- this subsection, require the seller to disclose (i) the Administrator shall, in lieu of the ment company under subclause (I) shall be in to the purchaser of the trust certificate in- fee otherwise applicable under section an amount equal to 0.5 percent of the out- formation on the terms, conditions, and 7(a)(23)(A) of the Small Business Act (15 standing principal balance of any guaranteed yield of such instrument. U.S.C. 636(a)(23)(A)), collect an annual fee in debenture for which the development com- (10) BROKERS AND DEALERS.—The Adminis- an amount equal to— pany does not collect a servicing fee pursu- trator may issue regulations relating to the (I) 0.25 percent of the outstanding balance ant to clause (i)(II). brokering of and dealing in trust certificates of the deferred participation share of a loan (iii) AUTHORIZATION OF APPROPRIATIONS.— sold under this subsection. made under section 7(a) of the Small Busi- There are authorized to be appropriated to (11) TERMINATION OF AUTHORITY.—The au- ness Act (15 U.S.C. 636(a)) to a small business the Administrator for each of fiscal years thority of the Administrator to issue trust concern before the date of enactment of this 2009 and 2010— certificates under this subsection shall ter- Act; and (I) $50,000,000 for the elimination of fees minate on September 30, 2010. (II) .20 percent of the outstanding balance under clause (i)(I); (d) IMPLEMENTATION.—Not later than 30 of the deferred participation share of a loan (II) $40,000,000 for payments under clause days after the date of enactment of this Act, made by a new 7(a) lender to a small business (ii) to offset the elimination of fees under the Administrator shall issue interim final concern; and clause (i)(II); and regulations to carry out this section. (ii) with respect to each loan guaranteed (III) $10,000,000 for the elimination of fees (e) LENDER PURCHASE ELIGIBILITY.— under section 7(a) of the Small Business Act under clause (i)(III). (1) IN GENERAL.—A lender that made or (15 U.S.C. 636(a)), the Administrator shall, in (B) RATE REDUCTION.— services a loan guaranteed under section 7(a) lieu of the fee otherwise applicable under (i) IN GENERAL.—To the extent that the of the Small Business Act (15 U.S.C. 636(a)) section 7(a)(18)(A) of the Small Business Act cost of making an interest rate reduction is or a third party financing guaranteed under (15 U.S.C. 636(a)(18)(A)), (including any addi- offset by appropriations, the Administrator subsection (b) of this section may purchase tional fee under clause (iv) of that section shall pay, on behalf of a small business bor- and hold all or any part of a loan pool which 7(a)(18)(A)) collect a guarantee fee in an rower, an amount equal to 100 basis points of includes a loan or third party financing amount equal to— the interest rate required to be paid by the made or serviced by the lender. (I) 0.75 percent of the deferred participa- borrower on the amount of the guarantee (2) NO EFFECT ON GUARANTEE.—A purchase tion share of a total loan amount that is not provided under title V of the Small Business described in subparagraph (A) shall not af- more than $150,000; Investment Act of 1958 (15 U.S.C. 695 et seq.), fect the guarantee of a loan or third party fi- (II) 2 percent of the deferred participation if the loan is closed on or after the date of nancing in a pool. share of a total loan amount that is more enactment of this Act. SEC. 6. EMERGENCY SHORT TERM FEE REDUC- than $150,000, and not more than $700,000; and (ii) FREQUENCY OF PAYMENT.—The Adminis- TIONS. (III) 2.5 percent of the deferred participa- trator shall make a payment under clause (i) (a) LENDER OVERSIGHT FEES.— tion share of a total loan amount that is on a semiannual basis. (1) TEMPORARY REDUCTION IN FEES.— more than $700,000. (iii) METHOD OF PAYMENT.—The Adminis- (A) IN GENERAL.—To the extent amounts (B) IMPLEMENTATION.—In carrying out this trator may use a central servicing agent to are provided in advance in appropriations paragraph, the Administrator shall reduce make a payment under clause (i). Acts, the Administrator shall, in lieu of the the fees for a loan guaranteed under section (iv) NOTICE TO DEVELOPMENT COMPANY.— fee otherwise applicable under section 7(a) of the Small Business Act (15 U.S.C. The Administrator shall notify a develop- 5(b)(14) of the Small Business Act (15 U.S.C. 636(a)) to the maximum extent possible, sub- ment company that receives a payment 634(b)(14)), collect no fee. ject to the availability of appropriations. under clause (i) when funds are made avail- (B) AUTHORIZATION OF APPROPRIATIONS.— (C) APPLICATION OF FEE REDUCTIONS.—If able for the rate reduction under clause (i). There are authorized to be appropriated for funds are made available to carry out this (v) IMPLEMENTATION.—A development com- salaries and expenses of the Administration paragraph, the Administrator shall reduce pany that receives a payment under clause relating to examinations, reviews, and other the fees under subparagraph (A) for any loan (i) shall— lender oversight activities relating to loans guarantee or project subject to such subpara- (I) use the payments solely for the purpose under section 7 of the Small Business Act (15 graph for which the application is pending provided; and U.S.C. 636)— approval on or after the date of enactment of (II) adjust the amount of the monthly pay- (i) $10,000,000 for each of fiscal years 2009 this Act, until the amount provided for such ment by the borrower accordingly. and 2010; and purpose is expended. (vi) AUTHORIZATION OF APPROPRIATIONS.— (ii) such sums as may be necessary for each (D) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the fiscal year thereafter. There are authorized to be appropriated to Administrator for each of fiscal years 2009

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.052 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10670 CONGRESSIONAL RECORD — SENATE November 19, 2008 and 2010, $150,000,000 for payments made (B) by inserting ‘‘or 2009’’ after ‘‘In the (2) by redesignating subparagraph (B) as under clause (i). case of any taxable year beginning in 2008’’. subparagraph (C); and SEC. 7. MICROLENDING. (2) EFFECTIVE DATE.—The amendments (3) by inserting after subparagraph (A) the In addition to any amounts otherwise au- made by this subsection shall apply to tax- following: thorized to be appropriated for such pur- able years beginning after December 31, 2008. ‘‘(B) a trust certificate issued by the Ad- poses, there are authorized to be appro- (b) CARRYBACK OF CERTAIN NET OPERATING ministrator of the Small Business Adminis- priated to the Administrator for each of fis- LOSSES ALLOWED FOR 5 YEARS; TEMPORARY tration under section 5(g) of the Small Busi- cal years 2009 and 2010— SUSPENSION OF 90 PERCENT AMT LIMIT.— ness Act (15 U.S.C. 634(g)), a loan guaranteed (1) $5,000,000 for direct loans under section (1) IN GENERAL.—Subparagraph (H) of sec- by the Small Business Administration under 7(m) of the Small Business Act (15 U.S.C. tion 172(b)(1) of the Internal Revenue Code of section 7(a) of the Small Business Act (15 636(m)); and 1986 is amended to read as follows: U.S.C. 636(a)), and a trust certificate issued (2) $20,000,000 for grants to intermediaries ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN under section 505 of the Small Business In- for marketing, management, and technical LOSSES.— vestment Act of 1958 (15 U.S.C. 697), includ- assistance under section 7(m)(4) of the Small ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND ing an underlying debenture, the purchase of Business Act (15 U.S.C. 636(m)(4)). 2002.—In the case of a net operating loss for which the Secretary determines promotes fi- SEC. 8. SMALL BUSINESS INVESTMENT COMPA- any taxable year ending during 2001 or 2002, nancial market stability; and’’. NIES. subparagraph (A)(i) shall be applied by sub- Section 303(b) of the Small Business In- stituting ‘5’ for ‘2’ and subparagraph (F) By Mrs. CLINTON: vestment Act of 1958 (15 U.S.C. 683(b)) is shall not apply. S. 3706. A bill to amend part D of amended— ‘‘(ii) TAXABLE YEARS ENDING DURING 2008 title IV of the Social Security Act to (1) by striking paragraph (2) and inserting AND 2009.—In the case of a net operating loss prohibit States from charging child the following: with respect to any eligible taxpayer for any support recipients for the collection of ‘‘(2) MAXIMUM LEVERAGE.— taxable year ending during 2008 or 2009— ‘‘(A) IN GENERAL.—The maximum amount child support; to the Committee on Fi- ‘‘(I) subparagraph (A)(i) shall be applied by nance. of outstanding leverage made available to substituting ‘5’ for ‘2’, any 1 company licensed under section 301(c) ‘‘(II) subparagraph (E)(ii) shall be applied Mrs. CLINTON. Mr. President, in a may not exceed the lesser of— by substituting ‘4’ for ‘2’, and time of rising prices and historic eco- ‘‘(i) 300 percent of the private capital of the ‘‘(III) subparagraph (F) shall not apply. nomic turmoil, single parents deserve company; or ‘‘(iii) ELIGIBLE TAXPAYER.—For purposes of our support more than ever. That is ‘‘(ii) $150,000,000. clause (ii), the term ‘eligible taxpayer’ why I am introducing the Elimination ‘‘(B) MULTIPLE LICENSES UNDER COMMON means a corporation or partnership which of the Single Parent Tax Act of 2008. I CONTROL.—The maximum amount of out- meets the gross receipts test of section 448(c) standing leverage made available to 2 or am proud to join my colleague Con- (determined by substituting ‘$10,000,000’ for more companies licensed under section 301(c) gresswoman GILLIBRAND in introducing ‘$5,000,000’ and ‘5-taxable-year period’ for ‘3- that are commonly controlled (as deter- this important legislation to help sin- taxable-year period’) for the taxable year in mined by the Administrator) and the private which the loss arose (or, in the case of a sole gle parents by suspending State fees to capital of which the Administrator deter- proprietorship, which would meet such test fund child support enforcement. mines meets the requirements of subsection if such proprietorship were a corporation.’’. Many states, including New York, (e) may not exceed $225,000,000.’’; and (2) TEMPORARY SUSPENSION OF 90 PERCENT were forced to institute this fee after (2) by striking paragraph (4). LIMIT ON CERTAIN NOL CARRYBACKS AND the Republican-lead Congress passed SEC. 9. EMERGENCY SMALL BUSINESS LENDING CARRYOVERS.— ADVERTISING STRATEGY. the Deficit Reduction Act of 2005, Section 4 of the Small Business Act (15 (A) IN GENERAL.—Section 56(d) of the of the which slashed funding for child support U.S.C. 633) is amended by adding at the end Internal Revenue Code of 1986 is amended by enforcement. The fee is expected to af- the following: adding at the end the following new para- fect 170,000 families in New York alone. ‘‘(i) EMERGENCY SMALL BUSINESS LENDING graph: These single parents need every penny ADVERTISING STRATEGY.— ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- poses of paragraph (1)(A), in the case of an of their child support income to go to- ‘‘(1) PURPOSE.—The purpose of this sub- wards food, medicine, and other impor- section is to ensure that the Administrator eligible taxpayer (as defined in section provides information to the owners of small 172(b)(1)(H)(iii)), the amount described in tant expenses. The Elimination of the business concerns regarding lenders in their clause (I) of paragraph (1)(A)(ii) shall be in- Single Parent Tax Act ensures that areas that participate in programs of the Ad- creased by the amount of the net operating hard-working single parents don’t face ministration and that will allow small busi- loss deduction allowable for the taxable year an extra tax. ness concerns to access business capital dur- under section 172 attributable to the sum In September, I joined my Senate ing a liquidity and capital lending shortage. of— colleagues in urging the Senate Appro- ‘‘(2) LENDING ADVERTISING STRATEGY.—The ‘‘(A) carrybacks of net operating losses priations Committee leadership to in- Administrator shall develop an emergency from taxable years ending during 2008 and crease funding for child support en- small business lending advertising strategy 2009, and ‘‘(B) carryovers of net operating losses to forcement to stave off these deep cuts. to inform small business concerns located And today, I encourage my colleagues throughout the United States that loans taxable years ending during 2008 or 2009.’’. under this Act are available through lenders (B) CONFORMING AMENDMENT.—Subclause to join me in sponsoring this critical that participate in programs of the Adminis- (I) of section 56(d)(1)(A)(i) of such Code is measure to support single parents. tration. amended by inserting ‘‘amount of such’’ be- For too long, single-parent house- ‘‘(3) MEDIA.—The Administrator shall use fore ‘‘deduction described in clause (ii)(I)’’. holds have been ignored at a time when print, radio, television, and Internet adver- (3) ANTI-ABUSE RULES.—The Secretary of raising children has only become more tisement, where appropriate, to carry out Treasury or the Secretary’s designee shall of a struggle. Yet despite these chal- this subsection. prescribe such rules as are necessary to pre- lenges, single parents heroically sol- ‘‘(4) EFFECTIVE DATE.—Not later than 30 vent the abuse of the purposes of the amend- ments made by this subsection, including dier on. This bill is only a critical first days after the date of enactment of this Act, step to a more comprehensive approach the Administrator shall implement the anti-stuffing rules, anti-churning rules (in- emergency small business lending adver- cluding rules relating to sale-leasebacks), to supporting single parents raising tising strategy. and rules similar to the rules under section children. I look forward to continuing ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 1091 of the Internal Revenue Code of 1986 re- to fight in the Senate to stand up for There are authorized to be appropriated to lating to losses from wash sales. our most vulnerable children and our carry out this subsection— (4) EFFECTIVE DATES.— hardest-working families. ‘‘(A) $5,000,000 for each of fiscal years 2009 (A) SUBSECTION (a).—The amendments and 2010; and made by paragraph (1) shall apply to net op- By Mrs. CLINTON: ‘‘(B) such sums as may be necessary for erating losses arising in taxable years ending S. 3707. A bill to recruit, train, and each fiscal year thereafter.’’. in 2008 or 2009. support principals for high-need SEC. 10. TAX PROVISIONS. (B) SUBSECTION (b).—The amendments schools who are effective in improving (a) EXTENSION OF TEMPORARY INCREASE IN made by paragraph (2) shall apply to taxable years ending after December 31, 2007. student academic achievement; to the LIMITATIONS ON EXPENSING OF CERTAIN DE- Committee on Health, Education, PRECIABLE BUSINESS ASSETS.— SEC. 11. TROUBLED ASSETS. Labor, and Pensions. (1) IN GENERAL.—Paragraph (7) of section Section 3(9) of the Emergency Economic 179(b) of the Internal Revenue Code of 1986 is Stabilization Act of 2008 (division A of Public Mrs. CLINTON. Mr. President, I rise amended— Law 110–343) is amended— today to introduce legislation to ad- (A) by inserting ‘‘AND 2009’’ after ‘‘2008’’ in (1) in subparagraph (A), by striking ‘‘and’’ dress the urgent need of our under- the heading, and at the end; served urban and rural school districts

VerDate Aug 31 2005 04:36 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.052 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10671 by creating a corps of principals who significantly reinvesting in the train- often inaccessible to patients. Dental are well-prepared, supported, and effec- ing and education of our health profes- care in the United States has become a tive in improving student academic sionals, we are reinvesting in our com- luxury that is unaffordable to many achievement in high-need schools and munities where care is most needed. people. Dentists are often unable to ensuring our schools are provided the This bill reinvests in health profes- sustain careers by teaching in dental leadership they need to prepare our sional training in three ways—by ex- schools training the next generation of children to compete in the 21st cen- panding the training our health profes- professionals, or to work in commu- tury. sionals receive, by improving our ef- nities where the need is greatest. This The U.S. Department of Labor esti- forts to recruit and retain health pro- bill provides support for dentists to mates that nearly 40 percent of the fessionals, and by increasing incentives pursue academic teaching careers and 90,000 principals in this country are for health professionals who are serv- to provide general care to both adults nearing retirement, and over half the ing in community settings, particu- and children. It targets underrep- Nation’s school districts are facing im- larly in rural and urban underserved resented minority dentists and those mediate administrator shortages. This areas. who will serve in communities where problem is particularly prevalent in Most Americans prefer to get their the need is greatest. urban and rural districts with large health care through a personal physi- One impediment to good health for concentrations of high-poverty schools, cian operating as part of a team-based people with mental health problems is where turnover rates can reach as high primary care practice, yet the number lack of care coordination. Too often as 20 percent per year, and academic of health professional students enter- the psychological problem goes achievement is persistently low. ing these fields is decreasing. We need undiagnosed or untreated, because our That is why I’m introducing the Na- more workers in primary care at the health care system operates in silos. tional Principal Recruitment, NPR, front lines of the health care system. Patients are often asked to go one Act, which seeks to address the im- Primary care professionals can help to place to meet physical health needs pending shortage by establishing a establish a ‘‘medical home’’ for pa- and another place to meet mental corps of principals who are well-pre- tients, providing preventive care to health needs. This bill provides support pared, supported, and effective in im- help people stay healthy and provide for training and care where the health proving student achievement in high- coordination of care for those with professionals work together to co-man- need schools. This corps is created multiple or chronic diseases. This bill age mental health and physical health through the recruitment of results-ori- would achieve this goal by providing problems toward better overall health. ented candidates who possess personal incentives for training primary care We, as a nation, are getting older. As leadership and management skills, professionals, by strengthening pri- we age, our health concerns change. knowledge of effective instruction, and mary care departments at the school Many seniors take multiple medica- commit to serve in high-need schools and community level, and by sup- tions which need to be coordinated by for over 5 years. Once selected, these porting improved infrastructure to as- a team of doctors, pharmacists, and candidates would undergo a year-long sist those serving in primary care set- other caregivers. The Health Profes- principal residency program, and re- tings. sions and Primary Care Reinvestment ceive support and mentoring to help Minorities, disadvantaged and rural Act reinvests in our geriatric training them develop and maintain a data- students are underrepresented in our programs by expanding opportunities driven, professional learning commu- health professional workforce. We need for doctors, pharmacists, psycholo- nity. to increase their numbers in the med- gists, dentists and others to work with This bill leverages non-Federal dol- ical fields, and provide incentives for patients in rehabilitation centers, at lars with targeted funding to perform- them to return to underserved areas to home, in nursing homes or other set- ance-based work done in partnership practice. As an example of what can be tings where people live or work. with school districts. It also includes done, one program targeting rural stu- Our public health and preventive an evaluation to capture knowledge dents has returned eight times the medicine professionals respond to cri- and best practices and creates a proto- usual number of trained family physi- ses like SARS, anthrax, and other in- type of a performance-based Federal cians to rural settings. We need to fectious disease outbreaks. But they education program by tying funding train people from all backgrounds— also work to educate the public about levels to an evaluation of student from underrepresented minorities, ways to stay healthy, and prevent achievement results. from disadvantaged backgrounds, from chronic diseases. They contribute to An effective and capable school lead- rural and urban underserved commu- the health care safety net with services er can make the difference in providing nities. This bill helps to achieve this like adult and childhood vaccinations. the tools and instructional support goal by strengthening pipeline pro- This bill helps to support these efforts needed to foster the type of school en- grams, expanding loans and scholar- by reinvestment in training for preven- vironment conducive to student aca- ships, and by increasing the avail- tion. It links schools of public health demic success. The NPR Act will en- ability of care in underserved commu- with local and State departments of sure that our neediest schools have ef- nities. health in order to train professionals fective leaders, who are well-equipped We need health care where people to work and serve in settings where and supported, to close the achieve- live and work. Americans should be they are most needed. ment gap and prepare our students to able to access care in communities Finally, and very importantly, we compete in a global economy. that are located far from hospitals and must better understand the demands I am hopeful that my Senate col- medical centers, in the poorest neigh- that will be made upon our health pro- leagues from both sides of the aisle will borhoods of cities and isolated rural fessional workforce. This bill provides join me today to move this legislation areas. We need to support the institu- authorization for the formation of a to the floor without delay. tions that the most vulnerable rely on national and multiple regional health for care, like community health cen- workforce analysis centers, along with By Mrs. CLINTON: ters, local departments of health, and an advisory committee comprised of S. 3708. A bill to amend the Public nursing homes. This bill supports new administrative and health professional Health Service Act with respect to models of care for training, recruiting, leadership. These entities will assess, health professions education, and for supporting and retaining faculty to review and oversee health professional other purposes; to the Committee on serve in underserved settings, and pro- workforce needs so that we can plan Health, Education, Labor, and Pen- vides infrastructure support for train- and prepare a new generation of health sions. ing students in community settings professionals in our schools and com- Mrs. CLINTON. Mr. President, today, outside of the hospital, where patients munities. I am introducing the Health Profes- need care. The Health Professions and Primary sions and Primary Care Reinvestment In addition to addressing primary Care Reinvestment Act addresses the Act in order to improve access to qual- care, the legislation also works to ad- multiple challenges facing healthcare ity health care for all Americans. By dress other health fields which are workforce development in our country.

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.085 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10672 CONGRESSIONAL RECORD — SENATE November 19, 2008 It will invest in primary care, expand As the Senate begins its work on overall troducing the Health Professions and Pri- the number of health professionals health care reform, we support your efforts mary Care Reinvestment Act of 2008. The re- truly representative of the commu- to have this bill serve as one of the founda- authorization of the Public Health Service tions of reform. True health reform in this Act’s Title VII Health Professions Programs nities they serve, and improve the country will not be possible without includ- is a top priority of the AAPA. Accordingly, availability of care in places where ing programs that increase the number of AAPA is pleased to support this legislation, Americans need it most. I look forward well-trained health professionals. As the and looks forward to working with you and to working with my colleagues in the Massachusetts experience clearly dem- your colleagues in the Senate and House of Senate on the many issues of our onstrates, increasing the number of insured Representatives to secure the strongest pos- health care workforce, and I would individuals will not ensure increased access sible investment in and reinforcement of the urge their support of this legislation. to care if there are not enough doctors to nation’s primary care workforce. treat the newly insured. The Title VII safety net programs are es- Multiple organizations, including Ad- As you know, Title VII Health Professions sential to the development and training of vocating for Family Medicine, Amer- Programs, particularly those authorized primary health care professionals and, in ican Academy of Family Physicians, under Section 747, are designed to strengthen turn, provide increased access to care by pro- American Academy of Physician As- our primary care infrastructure. Studies moting health care delivery in medically un- sistants, American Association of Col- have shown that areas which depend more derserved communities. Title VII funding is leges of Osteopathic Medicine, Amer- heavily on primary care within their health especially important for PA programs as it is ican College of Preventive Medicine, care system spend less on health care and the only federal funding available on a com- have better health outcomes. For example, a American Dental Association, Amer- petitive application basis to these programs. study published in Health Affairs from April, A review of PA graduates from 1990–2006 ican Dental Education Association, 2004 found, ‘‘States with more general practi- demonstrates that PAs who have graduated American Geriatrics Association, tioners use more effective care and have from PA educational programs supported by American Osteopathic Association, lower spending, while those with more spe- Title VII are 59 percent more likely to be American Psychological Association, cialists have higher costs and lower qual- from underrepresented minority populations Association of Departments of Family ity.’’ (Baicker and Chandra) We know that and 46 percent more likely to work in a rural Medicine, Association of Family Medi- health reform has two goals: bettering the health clinic than graduates of programs cine Residency Directors, Association health of our nation and keeping it as cost that were not supported by Title VII. efficient as possible. Increasing the propor- The AAPA is very pleased to see included of Minority Health Professions tion of primary care medicine is a major step in this legislation several very important up- Schools, Inc., Association of Schools of towards meeting both of these goals, and dates and additions to the Title VII statute Public Health, Hospital Association of Title VII, Section 747 programs are the only related to physician assistant training. Spe- New York State, National AHEC Orga- federal programs that aim to increase the cifically, the updated definition of PA edu- nization, National Council for Diver- number of primary care physicians. cation programs is long overdue and accu- sity in the Health Professions, North Title VII programs have also demonstrated rately reflects the educational preparation American Primary Care Research the ability to produce physicians that serve of PAs, as well as the definition and stand- in underserved areas. A recent article in An- Group, Society of General Internal ards of the approximately 140 PA programs nals of Family Medicine (Rittenhouse, et al in the U.S. Additionally, we strongly support Medicine, and the Society of Teachers 2008) shows that students and residents ex- the inclusion of a set 15 percent carve-out for of Family Medicine have endorsed this posed to Title VII funding are more likely to PA programs within the primary care medi- legislation. participate in the National Health Service cine and dentistry cluster. Finally, we sup- Mr. President, I ask unanimous con- Corps or practice in a community health port the inclusion of PA education programs sent that letters of support be printed center upon completing their training. Both within many new or expanded programmatic in the RECORD. of these programs successfully place physi- sections of the bill, including geriatric train- There being no objection, the mate- cians where they are most needed. ing centers and continuing education pro- Thank you for all of your hard work on the rial was ordered to be placed in the grams for health professionals in under- Health Professions and Primary Care Rein- served areas. RECORD, as follows: vestment Act and for your continued leader- The AAPA applauds your efforts to support ADVOCATING FOR FAMILY MEDICINE, ship and dedication to health care through- and expand America’s primary care work- Washington, DC, November 18, 2008. out your career. We urge you to ensure that force through a clarified and strengthened Hon. HILLARY RODHAM CLINTON, this important piece of legislation makes its Title VII. We are pleased to work with you U.S. Senate, way through the legislative process and is and to support the Health Professions and Washington, DC. passed as quickly as possible. Primary Care Reinvestment Act of 2008. DEAR SENATOR CLINTON: On behalf of the Sincerely, Sincerely yours, undersigned organizations, we would like to SCOTT FIELDS, MD, WILLIAM F. LEINWEBER, thank you for introducing the Health Profes- President, Society of Executive Vice President/Chief sions and Primary Care Reinvestment Act. Teachers of Family Executive Officer. Health professions programs, authorized Medicine. under Title VII of the Public Health Service EILSSA PALMER, MD, AMERICAN COLLEGE OF Act, are vital to enhancing and expanding President, Association PREVENTIVE MEDICINE, our nation’s health workforce. The Health of Family Medicine November 18, 2008. Professions and Primary Care Reinvestment Residency Directors. Hon. HILLARY R. CLINTON, Act reauthorizes, improves, and revitalizes MICHAEL K. MAGILL, MD, Russell Senate Office Building, these programs. President, Association Washington, DC. Within the primary care cluster (Section of Departments of DEAR SENATOR CLINTON: On behalf of the 747) we are very pleased to see the following: Family Medicine. American College of Preventive Medicine I Continued support for programs that have TED EPPERLY, MD, write to express our sincere appreciation and proven successful—training in primary care FAAFP, thanks for your efforts to reauthorize the and capacity building in primary care. President, American Title VII health professions training pro- New recognition that an environmental Academy of Family grams at the Health Resources and Services scan of the community and region is a nec- Physicians. Administration, HRSA. As a result of your essary precursor to development of creative ALLEN DIETRICH, MD, steadfast commitment to bolstering our training programs that will get primary care President, North health care safety net in underserved com- physician training out into the community, American Primary munities and extending the reaches of pre- rather than training remain mostly within Care Research ventive medicine physicians, health care the academic health centers. Group. services—including important preventive Recognition that production of primary services—will reach the doorsteps of count- care physicians must be increased. AMERICAN ACADEMY OF less Americans who currently lack access to Recognition that funding for these pro- PHYSICIAN ASSISTANTS, a health care provider. grams must increase in order to provide a Alexandria, VA, November 19, 2008. With your legislation the time has now well-prepared workforce for the 21st century, Hon. HILLARY RODHAM CLINTON, come to reinvigorate and refinance the Title particularly as we move to health care re- U.S. Senate, VII health professions training programs at form. Washington, DC. the necessary levels in order to protect ac- In addition, within the scope of the bill as DEAR SENATOR CLINTON: On behalf of the cess to health care for vulnerable popu- a whole, we appreciate the modification of nearly 75,000 clinically practicing physician lations, improve disease prevention and the statute so that all of the programs au- assistants (PAs) in the United States rep- health promotion efforts, and maintain our thorized by the bill have similar goals and resented by the American Academy of Physi- graduate medical education commitment to expected outcomes. cian Assistants (AAPA), I thank you for in- quality and workforce diversity.

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.086 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10673 While a limited number of preventive med- vestment Act’’ will contribute to the ADA’s sity cluster of the Title VII programs—Cen- icine residency training programs in New own efforts to improve dental education pro- ters of Excellence (COI), Health Careers Op- York and other states have benefited from grams and improve the oral health care of all portunities Program (HCOP), Faculty Loan Title VII funds, it is important that Con- Americans. Repayment, and Scholarships for Disadvan- gress act now to expand the reaches of Title Sincerely, taged Students (SDS). These programs have VII’s mission to enhance the supply, diver- JOHN S. FINDLEY, D.D.S., been a tremendous federal government in- sity, and distribution of the health care President. vestment into the institutions that focus on workforce in all underserved communities increasing the number of health profes- across the country. A key step toward ad- ADEA AND AAPD, sionals and the diversity of the health pro- dressing health system reform is ensuring November 19, 2008. fessions. In the November 2008 issue of Aca- availability of services across all commu- Hon. Hillary Clinton, demic Medicine, the article ‘‘Funding the Di- nities. U.S. Senate, versity Programs of the Title VII Health We thank you for recognizing the impor- Washington, DC. Professions Training Grants: An Urgent tance of preventive medicine physicians in DEAR SENATOR CLINTON: The American Need,’’ written by two AMHPS institution securing our health care safety net and pro- Dental Education Association (ADEA) and presidents—Dr. John Maupin of Morehouse moting disease prevention and health pro- the American Academy of Pediatric Den- School of Medicine and Dr. Wayne Riley of motion programs. We look forward to our tistry (AAPD) are pleased to endorse the Meharry Medical College—confirms that continued dialogue and thank you for the op- Health Professions Primary Care Reinvest- your efforts making a tremendous effort to- portunity to work with you and your staff to ment Act. Our organizations represent den- wards improving the health of all Americans. address this very important issue. tal education and the practicing pediatric Again. thank you for introducing the Sincerely, dentists. Health Professions and Primary Care Rein- MICHAEL D. PARKINSON, MD, The primary care dental provisions con- vestment Act. Your continued leadership and MPH, FACPM, tained in the legislation continue and en- dedication to health care is greatly appre- President. hance the cost-effective General Dentistry ciated. We urge you to do all that you can to and Pediatric Dentistry residency training see that building a stronger workforce of pri- ADA/AMERICAN DENTAL ASSOCIATION, programs. The bill also authorizes support of mary care professionals that is more diverse Washington, DC, November 19, 2008. dental loan repayment for those who teach is a top priority during the current health Senator HILLARY RODHAM CLINTON, or conduct research in General or Pediatric care debate. Ensuring passage of your impor- Russell Office Building, Dentistry residencies, which is particularly tant bill would be a very good first step, Washington, DC. important to maintaining a cadre of well- Sincerely, DEAR SENATOR CLINTON: The American trained dentists to meet the oral health care WAYNE HARRIS, PH.D., Dental Association, ADA, which represents needs of the nation. Most importantly, we Chairman, Board of 156,000 dentists, congratulates you on intro- are delighted with the language which allows Directors, Associa- ducing the ‘‘Health Professions and Primary dental schools to apply for grants for faculty tion of Minority Care Reinvestment Act.’’ The ADA greatly development and academic administrative Health Professions appreciates the attention that you and your units. We applaud the decision to provide a Schools. staff have given to the unique needs of Title guideline authorization of $20 million for VII federal dental programs and believe that these important programs. ASSOCIATION OF SCHOOLS OF many of the changes incorporated in this bill Our Associations appreciate the time and PUBLIC HEALTH, will help greatly to advance these programs. effort that you and your staff made to con- Washington, DC, November 18, 2008. We are especially pleased that your bill sider our analysis of important trends and Hon. HILLARY RODHAM CLINTON, provides general practice and pediatric den- needs in dental education, and to address our Russell Senate Office Building, tal residency programs with a funding line. concerns about the bill. The Health Profes- Washington, DC. This acknowledgement underscores that oral sions Primary Care Reinvestment Act is a DEAR SENATOR CLINTON: On behalf of the health care is as equally important as med- significant improvement over legislation in Association of Schools of Public Health ical care and should not be a subset of med- the last Congress in terms of provisions af- (ASPH), I would like to thank you for intro- ical program funding. We believe that by cre- fecting health workforce, information, eval- ducing the Health Professions and Primary ating Section 748 Training in General and uation and analysis, and geriatric training. Care Reinvestment Act. Your leadership in Pediatric Dentistry that Congress will be Your staff is to be commended for drafting introducing legislation that would reauthor- better able to effectively address dental edu- legislation that is performance-based and en- ize Title VII of the Public Health Service Act cation training needs. sures that important strides made to date takes a vital step in providing support to the We also appreciate the inclusion of den- will not be diminished. health care delivery system, health care and tists in Section 9, which focuses on geriatric Please contact our legislative representa- public health professionals. training. The ADA has placed a high priority tives if we can be of further assistance: Myla By 2012 over 100,000 public health workers on addressing the oral health needs of ‘‘vul- Moss at ADEA 202–289–7201 or Scott Litch at are eligible to retire (23 percent of the work- nerable’’ older adults—individuals over age AAPD 312–337–2169 ext. 29. force). More importantly, in order to have 65 with limited mobility and/or limited re- Sincerely, the same public health workforce to popu- sources and/or complex health status. Older BEVERLY LARGENT, D.M.D., lation ratio in 2020 as existed in 1980, the adults face a variety of special oral health AAPD President. public health workforce would need to add challenges, including root and coronal car- JOHN S. RUTKAUSKAS, an additional 250,000 workers. As Congress ies, periodontal disease, tooth wear, D.D.S., M.B.A., CAE, begins to consider legislation that would edentulousness, oral cancer, complications AAPD Chief Executive overhaul the health insurance system in this from taking prescription and over-the- Officer. country, we hope that the Health Professions counter medications and other medical con- CHARLES N. BERTALOMI, and Primary Care Reinvestment Act will be cerns that affect oral health. We recognize D.D.S., D.M.SC., considered to ensure a well trained health that a key component in addressing these ADEA President. care workforce will be in place to meet the needs is to enhance the educational infra- RICHARD W. VALACHOVIC, increased demand for basic health care serv- structure and dentist education and train- D.M.D., M.P.H, ices. ing. We believe that your bill has opened the ADEA Executive. We would like to thank you for the inclu- door to accomplish these goals. sion of public health in several sections of Addressing the oral health care needs of ASSOCIATION OF MINORITY HEALTH the bill including the Health Professions the older generation often overlaps with pro- PROFESSIONS SCHOOLS, INC., Training for Diversity provisions of the leg- viding care to children and adults with intel- WASHINGTON, DC, NOVEMBER 19, 2008. islation. Expansion of the program to in- lectual and developmental disabilities. While Senator HILLARY RODHAM CLINTON, clude training for the next generation of re- the bill does not include a new section to ad- U.S. Senate, Russell Senate Office Building, searchers and educators is important as pub- dress the training of dentists to work with Washington, DC. lic health researchers in the early stages of these patients, we understand the time con- DEAR SENATOR CLINTON: The Association of their careers offer novel investigator-initi- straints your staff faced in getting this bill Minority Health Professions Schools ated research ideas that could transform introduced this year. We look forward to (AMHPS) applauds your introducing the science and policy. continuing to work with you on this issue Health Professions and Primary Care Rein- We applaud the establishment of the Aca- and remain hopeful that we will be able to vestment Act. The Title VII Health Profes- demic Health Department (AHD) Program to include a provision dealing with this impor- sions programs help strengthen and diversify establish partnerships between accredited tant issue next year. our nation’s primary care workforce. The Schools of Public Health (SPH) and state or Thank you and your staff, particularly Dr. Health Professions and Primary Care Rein- local public health departments. This pro- Kathleen Klink, for working with the Amer- vestment Act reauthorizes these vital pro- gram has demonstrated success in expanding ican Dental Association to enhance dental grams while greatly improving them. SPH/health department partnerships with education programs. We believe that the AMHPS is particularly interested in your the goal of developing models of collabora- ‘‘Health Professions and Primary Care Rein- efforts to continue to strengthen the diver- tion in the areas of teaching and service. The

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.089 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10674 CONGRESSIONAL RECORD — SENATE November 19, 2008 training programs offered by AHDs will pro- care debate. Ensuring passage of your impor- SUBMITTED RESOLUTIONS vide learning opportunities for public health tant bill would be a very good first step. professionals throughout their careers. We Sincerely, also appreciate the continued support of the WANDA D. LIPSCOMB, SENATE RESOLUTION 707—AU- existing Public Health and Preventive Medi- Chair. THORIZING THE PRESIDENT OF cine Program which offers vital support to THE SENATE TO CERTIFY THE train health professionals in this important SOCIEIY OF GENERAL area. FACTS OF THE FAILURE OF Again, we would like to thank you for your INTERNAL MEDICINE, JOSHUA BOLTEN, AS THE CUSTO- leadership and we look forward to working Washington, DC, November 17, 2008. DIAN OF RECORDS AT THE with you as you work to advance this legis- Hon. HILLARY RODHAM CLINTON, WHITE HOUSE, TO APPEAR BE- lation. We are glad to see your commitment Russell Senate Office Building, FORE THE COMMITTEE ON THE Washington, DC. to addressing workforce shortage issues in JUDICIARY AND PRODUCE DOCU- health care and offer our support of the DEAR SENATOR CLINTON: On behalf of the MENTS AS REQUIRED BY COM- Health Professions and Primary Care Rein- Society of General Internal Medicine, I want MITTEE SUBPOENA vestment Act. to applaud your leadership in advancing na- Sincerely, tional policies that promote improved pa- Mr. LEAHY submitted the following HARRISON C. SPENCER, MD, MPH, tient care for all Americans. In particular, I resolution; from the Committee on the President and CEO. want to commend you on the introduction of Judiciary; which was placed on the cal- the Health Professions and Primary Care Re- endar: NATIONAL AHEC ORGANIZATION, Oak Creek, WI. investment Act. S. RES. 707 Hon. HILLARY RODHAM CLINTON, By any measure, primary care, including Whereas, since the beginning of this Con- U.S. Senate, Russell Senate Office Building, general internal medicine, is the cornerstone gress, the Senate Judiciary Committee has Washington, DC. of our nation’s health care system. Patients conducted an investigation into the removal DEAR SENATOR CLINTON: On behalf of the with primary care physicians have better of United States Attorneys; Whereas, the Committee’s requests for in- National Area Health Education Center Or- health status, longer life expectancy and ganization (NAO), I would like to offer sup- formation related to its investigation, in- lower health care costs. Moreover, for the port for the Health Professions and Primary cluding documents and testimony from the Care Reinvestment Act legislation that in- poor, the uninsured and the elderly, primary White House and White House personnel, cludes AHEC reauthorization. care functions as a safety net, serving as the were denied; Your ongoing support of the National first and often the only contact for care and Whereas, the White House has not offered AHEC Organization and the AHEC centers treatment. any accommodation or compromise to pro- and programs that we represent across the For more than three decades, the Title VII vide the information requested that is ac- ceptable to the Committee; country are critical to the health professions Training in Primary Care Medicine and Den- Whereas, on April 12, 2007, pursuant to its pipeline, quality education and training pro- tistry (TPCMD) program, in particular, has grams for health care professionals, allied authority under Rule 26 of the Standing contributed significantly to improving the health professional and students across the Rules of the Senate, the Senate Committee county. quality of education and training of the na- on the Judiciary authorized issuance to the The Health Professions and Primary Care tion’s primary care workforce, with special Custodian of Records at the White House, a Reinvestment Act will ensure the sustain- emphasis on individuals from disadvantaged subpoena which commands the Custodian of ability of the many critical programs offered backgrounds and underrepresented minori- Records to provide the Committee with all by AHEC’s throughout the nation. ties. But challenges remain. For example, documents in the possession, control, or cus- Please feel free to call upon the NAO for forecasts are that the demand for general in- tody of the White House related to the Com- additional support as you move forward with ternists will increase by 38 percent within mittee’s investigation; your efforts and be assured that our support the next 15 years, while the number of new Whereas, on June 13, 2007, the Chairman and this letter may be used publicly to ad- physicians entering the field of general in- issued a subpoena pursuant to the April 12, vance the Health Professions and Primary ternal medicine continues to decline. 2007, authorization to White House Chief of Care Reinvestment Act legislation. Staff Joshua Bolten as the White House Cus- Sincerely, By strengthening and expanding the todian of Records, for documents related to ROSE M. YUHOS, TPCMD program, your legislation recognizes the Committee’s investigation, with a return NAO President. that primary care is the linchpin of our date of June 28, 2007; health care system and that an adequate, Whereas, on June 28, 2007, in response to NATIONAL COUNCIL FOR DIVERSITY well-trained primary care workforce is crit- subpoenas for documents issued by the Sen- IN THE HEALTH PROFESSIONS, ical to the success of any health care reform ate and House Judiciary Committees, White November 19, 2008. measures Congress undertakes. House Counsel Fred Fielding conveyed the Hon. HILLARY RODHAM CLINTON, President’s claim of executive privilege over In addition, your legislation calls for a U.S. Senate, Russell Senate Office Building, all information in the custody and control of Washington, DC. more comprehensive approach to addressing the White House related to the Committee’s DEAR SENATOR CLINTON: The National the systemic needs of our health care sys- investigation; Council on Diversity in the Health Profes- tem, including the creation of primary care Whereas, based on this claim of executive sions (NCDHP) applauds your introducing training institutes that will promote all-im- privilege, Mr. Bolten refused to appear and the Health Professions and Primary Care Re- portant collaboration across all primary care produce documents to the Committee in investment Act. The Title VII Health Profes- disciplines, as well as partnering with com- compliance with the subpoena; sions programs help strengthen and diversity munity health centers in a way that will Whereas, on June 29, 2007, the Chairmen of our nation’s primary care workforce. The speed the translation of research into com- the House and Senate Judiciary Committees Health Professions and Primary Care Rein- munity practice. Furthermore, the work of provided the White House with an oppor- vestment Act reauthorizes these vital pro- these institutes will help contribute to bet- tunity to substantiate its privilege claims by grams while greatly improving them. ter health outcomes by fostering the devel- providing the Committees with the specific NCDHP is interested in your efforts to con- opment of the patient-centered medical factual and legal bases for its privilege tinue to strengthen the diversity cluster of claims regarding each document withheld home model. the Title VII programs, particularly the re- and a privilege log to demonstrate to the authorization of Centers of Excellence (COE) At a time when 47 million Americans lack Committees which documents, and which and Health Careers Opportunities Program health coverage, when increasing numbers of parts of those documents, are covered by any (HCOP). For many years, these programs elderly are entering the age of highest risk privilege that is asserted to apply and why; have demonstrated a tremendous federal of chronic disease, and when racial and eth- Whereas, the White House declined this op- government investment into the institutions nic disparities persist, the Health Profes- portunity in a July 9, 2007, letter to the Com- that focus on increasing the number of sions and Primary Care Investment Act pro- mittee Chairmen from Mr. Fielding, while health professionals and the diversity of the vides a solid framework for meeting these reiterating the privilege claim; health professions. challenges. Whereas, on August 17, 2007, Mr. Fielding Again, thank you for introducing the rejected the Chairman’s request for a meet- Health Professions and Primary Care Rein- Again, thank you for introducing this im- ing with the President to work out an ac- vestment Act. Your continued leadership and portant legislation. As in the past, our Soci- commodation for the information sought by dedication to health care is greatly appre- ety stands ready to assist you in whatever the Committee; ciated. We urge you to do all that you can to way we can. Whereas, on November 29, 2007, the Chair- see that building a stronger workforce of pri- Sincerely, man ruled that the White House’s claims of mary care professionals that is more diverse LISA V. RUBENSTEIN, executive privilege and immunity are not le- is a top priority during the current health President. gally valid to excuse current and former

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.097 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10675 White House employees from appearing, tes- the White House related to the Committee’s mittee, under the seal of the United States tifying and producing documents related to investigation; Senate, to the United States Attorney for this investigation and directed Mr. Bolten, Whereas, on June 29, 2007, the Chairmen of the District of Columbia, to the end that along with other current and former White the House and Senate Judiciary Committees Karl Rove may be proceeded against in the House employees, to comply immediately provided the White House with an oppor- manner and form provided by law. with the Committee’s subpoenas by pro- tunity to substantiate its privilege claims by ducing documents and testifying; providing the Committees with the specific f Whereas, Mr. Bolten has not complied with factual and legal bases for its privilege the Committee’s subpoenas or made any claims regarding each document withheld offer to cure his previous noncompliance; and a privilege log to demonstrate to the SENATE RESOLUTION 709—EX- Whereas, the Committee’s investigation is Committees which documents, and which PRESSING THE SENSE OF THE pursuant to the constitutional legislative, parts of those documents, are covered by any SENATE THAT THE UNITED oversight and investigative powers of Con- privilege that is asserted to apply and why; STATES SHOULD PURSUE THE gress and the responsibilities of this Com- Whereas, the White House declined this op- ADOPTION OF BLUEFIN TUNA portunity in a July 9, 2007, letter to the Com- mittee to the Senate and the American peo- CONSERVATION AND MANAGE- ple; including the power to: (1) investigate mittee Chairmen from Mr. Fielding, while the administration of existing laws, and ob- reiterating the blanket privilege claims; MENT MEASURES AT THE 16TH tain executive branch information in order Whereas, on July 26, 2007, the Chairman SPECIAL MEETING OF THE to consider new legislation, within the Com- issued a subpoena authorized March 22 to Mr. INTERNATIONAL COMMISSION ON mittee’s jurisdiction, including legislation Rove for documents and testimony related to THE CONSERVATION OF ATLAN- related to the appointment of U.S. Attor- the Committee’s investigation, with a return TIC TUNAS neys; (2) expose any corruption, inefficiency, date of August 2; and waste within the executive branch; (3) Whereas, the Chairman noticed an August Mr. KERRY (for himself, Ms. SNOWE, protect the Committee’s role in evaluating 2, 2007, Judiciary Committee hearing under Mrs. BOXER, Ms. CANTWELL, and Mr. its Rules at which Mr. Rove was subpoenaed nominations pursuant to the Senate’s con- REED) submitted the following resolu- stitutional responsibility to provide advice to testify; tion; which was referred to the Com- and consent; and (4) examine whether inac- Whereas, Mr. Fielding, in an August 1, 2007 letter to the Chairman and Ranking Mem- mittee on Commerce, Science, and curate, incomplete, or misleading testimony Transportation: or other information was provided to the ber, informed the Committee that the Presi- dent would invoke a claim of executive privi- Committee: Therefore be it S. RES. 709 lege and a claim of immunity from congres- Resolved, That the President of the Senate Whereas Atlantic bluefin tuna fishery is certify the facts in connection with the fail- sional testimony for Mr. Rove, and directed Mr. Rove not to produce responsive docu- valuable commercially and recreationally in ure of Joshua Bolten, as the Custodian of the United States and many other countries; Records at the White House, though duly ments or testify before the Committee about the firings, and that Mr. Rove would not ap- Whereas the International Convention for summoned, to appear and to produce docu- the Conservation of Atlantic Tunas entered ments lawfully subpoenaed to be produced pear in response to the Committee’s sub- poena; into force on March 21, 1969; before the Committee, under the seal of the Whereas the Convention established the United States Senate, to the United States Whereas, based on these claims of execu- tive privilege and absolute immunity, Mr. International Commission for the Conserva- Attorney for the District of Columbia, to the tion of Atlantic Tunas to coordinate inter- end that Joshua Bolten may be proceeded Rove refused to appear or to produce docu- ments or to testify at the Committee’s Au- national research and develop, implement, against in the manner and form provided by and enforce compliance of the conservation law. gust 2, 2007, hearing in compliance with the subpoena; and management recommendations on the f Whereas, on August 17, 2007, Mr. Fielding Atlantic bluefin tuna and other highly mi- rejected the Chairman’s request for a meet- gratory species in the Atlantic Ocean and SENATE RESOLUTION 708—AU- the adjacent seas, including the Mediterra- THORIZING THE PRESIDENT OF ing with the President to work out an ac- commodation for the information sought by nean Sea; THE SENATE TO CERTIFY THE the Committee; Whereas in 1974, the Commission adopted FACTS OF THE FAILURE OF Whereas, on November 29, 2007, the Chair- its first conservation and management rec- KARL ROVE TO APPEAR AND man ruled that the White House’s claims of ommendation to ensure the sustainability of TESTIFY BEFORE THE COM- executive privilege and immunity are not le- Atlantic bluefin tuna throughout the Atlan- MITTEE ON THE JUDICIARY AND gally valid to excuse current and former tic Ocean and Mediterranean Sea, while al- TO PRODUCE DOCUMENTS AS RE- White House employees from appearing, tes- lowing for the maximum sustainable catch tifying and producing documents related to for food and other purposes; QUIRED BY COMMITTEE SUB- Whereas in 1981, for management purposes, POENA this investigation and directed Mr. Rove, along with other current and former White the Commission adopted a working hypoth- Mr. LEAHY submitted the following House employees, to comply immediately esis of 2 Atlantic bluefin tuna stocks, with 1 resolution; from the Committee on the with the Committee’s subpoenas by pro- occurring west of 45 degrees west longitude Judiciary; which was placed on the cal- ducing documents and testifying; (hereinafter referred to as the ‘‘western At- lantic stock’’) and the other occurring east endar: Whereas, Mr. Rove has not complied with the Committee’s subpoenas or made any of 45 degrees west longitude (hereinafter re- S. RES. 708 offer to cure his previous noncompliance; ferred to as the ‘‘eastern Atlantic and Medi- Whereas, since the beginning of this Con- Whereas, the Committee’s investigation is terranean stock’’); gress, the Senate Judiciary Committee has pursuant to the constitutional legislative, Whereas, despite scientific recommenda- conducted an investigation into the removal oversight and investigative powers of Con- tions intended to maintain bluefin tuna pop- of United States Attorneys; gress and the responsibilities of this Com- ulations at levels that will permit the max- Whereas, the Committee’s requests for in- mittee to the Senate and the American peo- imum sustainable yield and ensure the fu- formation related to its investigation, in- ple; including the power to: 1) investigate ture of the stocks, the total allowable catch cluding documents and testimony from the the administration of existing laws, and ob- quotas have been consistently set at levels White House and White House personnel, tain executive branch information in order significantly higher than the recommended were denied; to consider new legislation, within the Com- levels for the eastern Atlantic and Medi- Whereas, the White House has not offered mittee’s jurisdiction, including legislation terranean stock; any accommodation or compromise to pro- related to the appointment of U.S. Attor- Whereas despite the establishment by the vide the requested information that is ac- neys; 2) expose any corruption, inefficiency, Commission of fishing quotas based on total ceptable to the Committee; and waste within the executive branch; 3) allowable catch levels for the eastern Atlan- Whereas, on March 22, 2007, pursuant to its protect the Committee’s role in evaluating tic and Mediterranean bluefin tuna fishery authority under Rule 26 of the Standing nominations pursuant to the Senate’s con- that exceed scientific recommendations, Rules of the Senate, the Senate Committee stitutional responsibility to provide advice compliance with such quotas by parties to on the Judiciary authorized issuance to Karl and consent; and 4) examine whether inac- the Convention that harvest that stock has Rove, Deputy Chief of Staff to the President, curate, incomplete, or misleading testimony been extremely poor, most recently with subpoenas in connection with the Commit- or other information was provided to the harvests exceeding such total allowable tee’s investigation; Committee: Now, therefore, be it catch levels by more than 50 percent for each Whereas, on June 28, 2007, in response to Resolved, That the President of the Senate of the last 4 years; subpoenas for documents issued by the Sen- certify the facts in connection with the fail- Whereas insufficient data reporting in ate and House Judiciary Committees, White ure of Karl Rove, though duly summoned, to combination with unreliable national catch House Counsel Fred Fielding conveyed the appear and testify before the Judiciary Com- statistics has frequently undermined efforts President’s claim of executive privilege over mittee and to produce documents lawfully by the Commission to assign quota overhar- all information in the custody and control of subpoenaed to be produced before the Com- vests to specific countries;

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A19NO6.094 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10676 CONGRESSIONAL RECORD — SENATE November 19, 2008 Whereas the failure of many Commission seeking detailed explanations from Commis- lay before the Senate the House mes- members fishing east of 45 degrees west lon- sion members that have failed to effectively sage to accompany S. 1193. gitude to comply with other Commission rec- implement the terms of the recommenda- There being no objection, the Pre- ommendations to conserve and control the tion; siding Officer (Mr. PRYOR) laid before overfished eastern Atlantic and Mediterra- (2) pursue the adoption by the Commission nean bluefin tuna stock has been an ongoing of measures designed to eliminate non-com- the Senate the following message from problem; pliance, including, as appropriate, deducting the House of Representatives: Whereas the Commission’s Standing Com- a portion of a future quota for a party to S. 1193 mittee on Research and Statistics noted in compensate for such party exceeding its Resolved, That the bill from the Senate (S. its 2006 report that the fishing mortality rate quota in prior years, and where appropriate, 1193) entitled ‘‘An Act to direct the Sec- for the eastern Atlantic and Mediterranean steps should be taken to link non-compli- retary of the Interior to take into trust 2 stock may be more than 3 times the level ance with reductions in fishery or market parcels of Federal land for the benefit of cer- that would permit the stock to stabilize at access; tain Indian Pueblos in the State of New Mex- the maximum sustainable catch level, and (3) seek a temporary suspension of the ico.’’, do pass with the following amend- continuing to fish at the level of recent eastern Atlantic and Mediterranean bluefin ments: years ‘‘is expected to drive the spawning bio- tuna fishery, including all trade, if signifi- Strike all after the enacting clause and in- mass to a very low level’’ giving ‘‘rise to a cant progress toward establishing science- sert the following: high risk of fishery and stock collapse’’; based management measures, improving TITLE I—ALBUQUERQUE INDIAN SCHOOL Whereas the Standing Committee’s 2008 re- monitoring and control measures, and ad- ACT port recommended that the annual harvest dressing compliance issues is not made at levels for eastern Atlantic and Mediterra- the Commission this year; SEC. 101. SHORT TITLE. nean bluefin tuna be reduced from 32,000 (4) seek to strengthen the conservation and This title may be cited as the ‘‘Albuquerque metric tons to 15,000 metric tons or less to management of the eastern Atlantic and Indian School Act’’. halt decline of the resource and initiate re- Mediterranean bluefin tuna by making rec- SEC. 102. DEFINITIONS. building; ommendations to halt the decline of the In this title: Whereas the Standing Committee has stat- stock and begin to rebuild it, including re- (1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ ed that time and area closures could greatly ducing annual harvest levels so that they do means the New Mexico Indian Pueblos of— facilitate the implementation and moni- not exceed recommendations of the Standing (A) Acoma; toring of rebuilding strategies and rec- Committee and expanding the time and area (B) Cochiti; ommended a closure of the Mediterranean closure for the Mediterranean purse seine (C) Isleta; Sea in May, June, and July, as well as a min- fleet to include May, June, and July; and (D) Jemez; imum size limit of 25 kilograms; (5) pursue additional research on the rela- (E) Laguna; Whereas in 2006, the Commission adopted tionship between the western Atlantic and (F) Nambe; the ‘‘Recommendation by ICCAT to Estab- eastern Atlantic and Mediterranean bluefin (G) Ohkay Owingeh (San Juan); lish a Multi-Annual Recovery Plan for tuna stocks and the extent to which the pop- Bluefin Tuna in the eastern Atlantic and (H) Picuris; ulations intermingle. Mediterranean’’ containing a wide range of (I) Pojoaque; management, monitoring, and control meas- f (J) San Felipe; (K) San Ildefonso; ures designed to facilitate the recovery of AUTHORITY FOR COMMITTEES TO the eastern Atlantic and Mediterranean (L) Sandia; bluefin tuna stock; MEET (M) Santa Ana; (N) Santa Clara; Whereas the Recovery Plan is inadequate COMMITTEE ON BANKING, HOUSING, AND URBAN (O) Santo Domingo; and allows overfishing and stock decline to AFFAIRS (P) Taos; continue, and initial information indicates Mrs. MURRAY. Mr. President, I ask that implementation of the plan in 2007 by (Q) Tesuque; many eastern Atlantic and Mediterranean unanimous consent that the Com- (R) Zia; and bluefin tuna harvesting countries has been mittee on Banking, Housing, and (S) Zuni. poor; Urban Affairs be authorized to meet (2) SECRETARY.—The term ‘‘Secretary’’ means Whereas since 1981, the Commission has during the session of the Senate on No- the Secretary of the Interior (or a designee). adopted additional and more restrictive con- vember 19, 2008 at 10 a.m. (3) SURVEY.—The term ‘‘survey’’ means the servation and management recommenda- survey plat entitled ‘‘Department of the Inte- The PRESIDING OFFICER. Without rior, Bureau of Indian Affairs, Southern Pueb- tions for the western Atlantic bluefin tuna objection, it is so ordered. stock, and these recommendations have been los Agency, BIA Property Survey’’ (prepared by implemented by Nations fishing west of 45 COMMITTEE ON FINANCE John Paisano, Jr., Registered Land Surveyor degrees west longitude, including the United Mrs. MURRAY. Mr. President, I ask Certificate No. 5708), and dated March 7, 1977. States; unanimous consent that the Com- SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT Whereas despite adopting, fully imple- mittee on Finance be authorized to OF 19 PUEBLOS. menting, and complying with a science-based meet during the session of the Senate (a) ACTION BY SECRETARY.— rebuilding program for the western Atlantic (1) IN GENERAL.—The Secretary shall take into on Wednesday, November 19, 2008, at 10 trust all right, title, and interest of the United bluefin tuna stock by countries fishing west a.m., in room 215 of the Dirksen Senate of 45 degrees west longitude, catches and States in and to the land described in subsection catch rates remain very low; Office Building, to hear testimony on (b) for the benefit of the 19 Pueblos immediately Whereas many scientists believe that mix- ‘‘Health Care Reform: An Economic after the Secretary has confirmed that the Na- ing occurs between the western Atlantic Perspective’’. tional Environmental Policy Act of 1969 has bluefin tuna stock and the eastern Atlantic The PRESIDING OFFICER. Without been complied with regarding the trust acquisi- and Mediterranean stock, and as such, poor objection, it is so ordered. tion of these Federal lands. (2) ADMINISTRATION.—The Secretary shall— management and noncompliance with rec- COMMITTEE ON THE JUDICIARY ommendations for one stock are likely to (A) take such action as the Secretary deter- have an adverse effect on the other stock; Mrs. MURRAY. Mr. President, I ask mines to be necessary to document the transfer and unanimous consent that the Senate under paragraph (1); and Whereas additional research on stock mix- Committee on the Judiciary be author- (B) appropriately assign each applicable pri- ing will improve the understanding of the re- ized to meet during the session of the vate and municipal utility and service right or lationship between eastern and western Senate, to conduct a hearing entitled agreement. bluefin tuna stocks and other fisheries, ‘‘Helping Families Save Their Homes: (b) DESCRIPTION OF LAND.—The land referred which will assist in the conservation, recov- to in subsection (a)(1) is the 2 tracts of Federal The Role of Bankruptcy Law’’ on land, the combined acreage of which is approxi- ery, and management of the species through- Wednesday, November 19, 2008, at 10 out its range: Now, therefore, be it mately 8.4759 acres, that were historically part Resolved, That it is the sense of the Senate a.m., in room SH–216 of the Hart Sen- of the Albuquerque Indian School, more particu- that the United States delegation to the 16th ate Office Building. larly described as follows: Special Meeting of the International Com- The PRESIDING OFFICER. Without (1) EASTERN PART TRACT B.—The approxi- mission for the Conservation of Atlantic objection, it is so ordered. mately 2.2699 acres located in sec. 7 and sec. 8 Tunas, should— of T. 10 N., R. 3 E., of the New Mexico Principal (1) pursue a meaningful assessment of f Meridian in the city of Albuquerque, New Mex- Commission member compliance with the ALBUQUERQUE INDIAN SCHOOL ico, as identified on the survey and does not in- ‘‘Recommendation by ICCAT to Establish a ACT clude the Western Part of Tract B containing Multi-Annual Recovery Plan for Bluefin 3.6512 acres. Tuna in the eastern Atlantic and Mediterra- Mr. CASEY. Mr. President, I ask (2) NORTHERN PART TRACT D.—The approxi- nean’’ (Recommendation 06–05), including unanimous consent that the Chair now mately 6.2060 acres located in sec. 7 and sec. 8

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\CR\FM\A19NO6.092 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10677 of T. 10 N., R. 3 E., of the New Mexico Principal SEC. 204. MORONGO BAND OF MISSION INDIANS to devise any trust or restricted interest pursu- Meridian in the city of Albuquerque, New Mex- LEASE EXTENSION. ant to a valid will in accordance with subsection ico, as identified on the survey and does not in- Subsection (a) of the first section of the Act of (b).’’; and clude the Southern Part of Tract D containing August 9, 1955 (25 U.S.C. 415(a)) is amended in (B) by adding at the end the following: 6.1775 acres. the second sentence by inserting ‘‘and except ‘‘(2) INTESTATE DESCENT OF PERMANENT IM- (c) SURVEY.—The Secretary shall perform a leases of land held in trust for the Morongo PROVEMENTS.— survey of the land to be transferred consistent Band of Mission Indians which may be for a ‘‘(A) DEFINITION OF COVERED PERMANENT IM- with subsection (b), and may make minor cor- term of not to exceed 50 years,’’ before ‘‘and ex- PROVEMENT.—In this paragraph, the term ‘cov- rections to the survey and legal description of cept leases of land for grazing purposes which ered permanent improvement’ means a perma- the Federal land described in subsection (b) as may be for a term of not to exceed ten years’’. nent improvement (including an interest in such the Secretary determines to be necessary to cor- SEC. 205. COW CREEK BAND OF UMPQUA TRIBE an improvement) that is— OF INDIANS LEASING AUTHORITY. ‘‘(i) included in the estate of a decedent; and rect clerical, typographical, and surveying er- ‘‘(ii) attached to a parcel of trust or restricted (a) AUTHORIZATION FOR 99-YEAR LEASES.— rors. land that is also, in whole or in part, included (d) USE OF LAND.—The land taken into trust Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in in the estate of that decedent. under subsection (a) shall be used for the edu- ‘‘(B) RULE OF DESCENT.—Except as otherwise the second sentence by inserting ‘‘and lands cational, health, cultural, business, and eco- provided in a tribal probate code approved held in trust for the Cow Creek Band of Ump- nomic development of the 19 Pueblos. under section 206 or a consolidation agreement qua Tribe of Indians,’’ after ‘‘lands held in trust (e) LIMITATIONS AND CONDITIONS.—The land approved under subsection (j)(9), a covered per- for the Confederated Tribes of the Warm Springs taken into trust under subsection (a) shall re- manent improvement in the estate of a decedent Reservation of Oregon,’’. main subject to any private or municipal encum- shall— (b) EFFECTIVE DATE.—The amendment made brance, right-of-way, restriction, easement of ‘‘(i) descend to each eligible heir to whom the by subsection (a) shall apply to any lease en- record, or utility service agreement in effect on trust or restricted interest in land in the estate tered into or renewed after the date of the en- the date of enactment of this Act. descends pursuant to this subsection; or actment of this Act. SEC. 104. EFFECT OF OTHER LAWS. ‘‘(ii) pass to the recipient of the trust or re- SEC. 206. NEW SETTLEMENT COMMON STOCK stricted interest in land in the estate pursuant (a) IN GENERAL.—Except as otherwise pro- ISSUED TO DESCENDANTS, LEFT- to a renunciation under subsection (j)(8). vided in this section, land taken into trust OUTS, AND ELDERS. ‘‘(C) APPLICATION AND EFFECT.—The provi- under section 103(a) shall be subject to Federal Section 7(g)(1)(B) of the Alaska Native Claims sions of this paragraph apply to a covered per- laws relating to Indian land. Settlement Act (43 U.S.C. 1606(g)(1)(B)) is manent improvement— (b) GAMING.—No gaming activity (within the amended by striking clause (iii) and inserting ‘‘(i) even though that covered permanent im- meaning of the Indian Gaming Regulatory Act the following: provement is not held in trust; and (25 U.S.C. 2701 et seq.)) shall be carried out on ‘‘(iii) CONDITIONS ON CERTAIN STOCK.— ‘‘(ii) without altering or otherwise affecting land taken into trust under section 103(a). ‘‘(I) IN GENERAL.—An amendment under the non-trust status of such a covered perma- TITLE II—NATIVE AMERICAN TECHNICAL clause (i) may provide that Settlement Common nent improvement.’’; CORRECTIONS Stock issued to a Native pursuant to the amend- (2) in subsection (b)(2)(B)— ment (or stock issued in exchange for that Set- (A) by redesignating clauses (i) through (iii) SEC. 201. COLORADO RIVER INDIAN TRIBES. tlement Common Stock pursuant to subsection as subclauses (I) through (III), respectively, and The Secretary of the Interior may make, sub- (h)(3) or section 29(c)(3)(D)) shall be subject to indenting the subclauses appropriately; ject to amounts provided in subsequent appro- 1 or more of the conditions described in sub- (B) by striking ‘‘Any interest’’ and inserting priations Acts, an annual disbursement to the clause (II). the following: Colorado River Indian Tribes. Funds disbursed ‘‘(II) CONDITIONS.—A condition referred to in ‘‘(i) IN GENERAL.—Subject to clauses (ii) and under this section shall be used to fund the Of- subclause (I) is a condition that— (iii), any interest’’; fice of the Colorado River Indian Tribes Res- ‘‘(aa) the stock described in that subclause (C) in subclause (III) of clause (i) (as des- ervation Energy Development and shall not be shall be deemed to be canceled on the death of ignated by subparagraphs (A) and (B)), by less than $200,000 and not to exceed $350,000 an- the Native to whom the stock is issued, and no striking the semicolon and inserting a period; nually. compensation for the cancellation shall be paid (D) by striking ‘‘provided that nothing’’ and inserting the following: SEC. 202. GILA RIVER INDIAN COMMUNITY CON- to the estate of the deceased Native or any per- ‘‘(iii) EFFECT.—Except as provided in clause TRACTS. son holding the stock; ‘‘(bb) the stock shall carry limited or no voting (ii), nothing; and’’. Subsection (f) of the first section of the Act of (E) by inserting after clause (i) (as designated August 9, 1955 (25 U.S.C. 415(f)), is amended by rights; and ‘‘(cc) the stock shall not be transferred by gift by subparagraph (B)) the following: striking ‘‘lease, affecting’’ and inserting ‘‘lease ‘‘(ii) EXCEPTION.— under subsection (h)(1)(C)(iii).’’. or construction contract, affecting’’. ‘‘(I) IN GENERAL.—Notwithstanding clause (i), SEC. 207. INDIAN LAND CONSOLIDATION ACT. SEC. 203. LAND AND INTERESTS OF THE SAULT in any case in which a resolution, law, or other STE. MARIE TRIBE OF CHIPPEWA IN- (a) DEFINITIONS.—Section 202 of the Indian duly adopted enactment of the Indian tribe with DIANS OF MICHIGAN. Land Consolidation Act (25 U.S.C. 2201) is jurisdiction over the land of which an interest (a) IN GENERAL.—Subject to subsections (b) amended— described in clause (i) is a part requests the Sec- and (c), notwithstanding any other provision of (1) in paragraph (4)— retary to apply subparagraph (A)(ii) to devises law (including regulations), the Sault Ste. (A) by inserting ‘‘(i)’’ after ‘‘(4)’’; of trust or restricted land under the jurisdiction Marie Tribe of Chippewa Indians of Michigan (B) by striking ‘‘ ‘trust or restricted interest in of the Indian tribe, the interest may be devised (including any agent or instrumentality of the land’ or’’ and inserting the following: ‘‘(ii) in fee in accordance with subparagraph (A)(ii). Tribe) (referred to in this section as the ‘trust or restricted interest in land’ or’’; and ‘‘(II) EFFECT.—Subclause (I) shall apply with (C) in clause (ii) (as designated by sub para- ‘‘Tribe’’), may transfer, lease, encumber, or oth- respect to a devise of a trust or restricted inter- graph (B)), by striking ‘‘an interest in land, title erwise convey, without further authorization or est in land by any decedent who dies on or after to which’’ and inserting ‘‘an interest in land, approval, all or any part of the Tribe’s interest the date on which the applicable Indian tribe the title to which interest’’; and in any real property that is not held in trust by adopts the resolution, law, or other enactment (2) by striking paragraph (7) and inserting the the United States for the benefit of the Tribe. described in subclause (I), regardless of the date following: ‘‘(7) the term ‘land’ means any real FFECT OF SECTION.—Nothing in this sec- on which the devise is made. (b) E property;’’. tion is intended to authorize the Tribe to trans- ‘‘(III) NOTICE OF REQUEST.—An Indian tribe (b) PARTITION OF HIGHLY FRACTIONATED IN- fer, lease, encumber, or otherwise convey, any shall provide to the Secretary a copy of any res- DIAN LANDS.—Section 205(c)(2)(D)(i) of the In- lands, or any interest in any lands, that are olution, law, or other enactment of the Indian dian Land Consolidation Act (25 U.S.C. tribe that requests the Secretary to apply sub- held in trust by the United States for the benefit 2204(c)(2)(D)(i)) is amended in the matter fol- of the Tribe. paragraph (A)(ii) to devises of trust or restricted lowing subclause (III) by striking ‘‘by Sec- land under the jurisdiction of the Indian (c) LIABILITY.—The United States shall not be retary’’ and inserting ‘‘by the Secretary’’. held liable to any party (including the Tribe or tribe.’’; (c) DESCENT AND DISTRIBUTION.—Section 207 (3) in subsection (h)(1)— any agent or instrumentality of the Tribe) for of the Indian Land Consolidation Act (25 U.S.C. (A) by striking ‘‘A will’’ and inserting the fol- any term of, or any loss resulting from the term 2206) is amended— lowing: of any transfer, lease, encumbrance, or convey- (1) in subsection (a)— ‘‘(A) IN GENERAL.—A will’’; and ance of land made pursuant to this Act unless (A) in paragraph (2)(D)— (B) by adding at the end the following: the United States or an agent or instrumentality (i) in clause (i), by striking ‘‘clauses (ii) ‘‘(B) PERMANENT IMPROVEMENTS.—Except as of the United States is a party to the trans- through (iv)’’ and inserting ‘‘clauses (ii) otherwise expressly provided in the will, a de- action or the United States would be liable pur- through (v)’’; vise of a trust or restricted interest in a parcel suant to any other provision of law. This sub- (ii) in clause (iv)(II), by striking ‘‘decedent’’ of land shall be presumed to include the interest section shall not apply to land transferred or and inserting ‘‘descent’’; and of the testator in any permanent improvements conveyed by the Tribe to the United States to be (iii) by striking clause (v) and inserting the attached to the parcel of land. held in trust for the benefit of the Tribe. following: ‘‘(C) APPLICATION AND EFFECT.—The provi- (d) EFFECTIVE DATE.—This section shall be ‘‘(v) EFFECT OF SUBPARAGRAPH.—Nothing in sions of this paragraph apply to a covered per- deemed to have taken effect on January 1, 2005. this subparagraph limits the right of any person manent improvement—

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A19NO6.033 S19NOPT1 rfrederick on PROD1PC67 with SENATE S10678 CONGRESSIONAL RECORD — SENATE November 19, 2008 ‘‘(i) even though that covered permanent im- any will executed before the date that is 1 year The assistant legislative clerk pro- provement is not held in trust; and after the date of enactment of this Act. ceeded to call the roll. ‘‘(ii) without altering or otherwise affecting (2) SMALL UNDIVIDED INTERESTS IN INDIAN Mr. CASEY. Mr. President, I ask the non-trust status of such a covered perma- LANDS.—The amendments made by subsection unanimous consent that the order for nent improvement.’’; (c)(7)(C) of this section to subsection (o)(5) of (4) in subsection (i)(4)(C), by striking ‘‘interest section 207 of the Indian Land Consolidation the quorum call be rescinded. land’’ and inserting ‘‘interest in land’’; Act (25 U.S.C. 2206) shall not apply to or affect The PRESIDING OFFICER. Without (5) in subsection (j)(2)(A)(ii), by striking ‘‘in- any sale of an interest under subsection (o)(5) of objection, it is so ordered. terest land’’ and inserting ‘‘interest in land’’; that section that was completed before the date f (6) in subsection (k), in the matter preceding of enactment of this Act. paragraph (1), by inserting ‘‘a’’ after ‘‘receiv- TITLE III—REAUTHORIZATION OF ORDERS FOR THURSDAY, ing’’; and MEMORIAL TO MARTIN LUTHER KING, JR. NOVEMBER 20, 2008 (7) in subsection (o)— (A) in paragraph (3)— SEC. 301. REAUTHORIZATION. Mr. CASEY. Mr. President, I ask (i) by redesignating subparagraphs (A) and Section 508(b)(2) of the Omnibus Parks and unanimous consent that when the Sen- (B) as clauses (i) and (ii) and indenting the Public Lands Management Act of 1996 (40 ate completes its business today, it clauses appropriately; U.S.C. 8903 note; 110 Stat. 4157, 114 Stat. 26, 117 stand in adjournment until 9:30 a.m. (ii) by striking ‘‘(3)’’ and all that follows Stat. 1347, 119 Stat. 527) is amended by striking tomorrow, Thursday, November 20; ‘‘November 12, 2008’’ and inserting ‘‘November through ‘‘No sale’’ and inserting the following: that following the prayer and pledge, ‘‘(3) REQUEST TO PURCHASE; CONSENT RE- 12, 2009’’. the Journal of proceedings be approved QUIREMENTS; MULTIPLE REQUESTS TO PUR- Amend the title so as to read: ‘‘An Act to CHASE.— direct the Secretary of the Interior to take to date, the morning hour be deemed ‘‘(A) IN GENERAL.—No sale’’; into trust 2 parcels of Federal land for the expired, the time for the two leaders be (iii) by striking the last sentence and inserting benefit of certain Indian Pueblos in the reserved for their use later in the day, the following: State of New Mexico, and for other pur- and the Senate proceed to a period of ‘‘(B) MULTIPLE REQUESTS TO PURCHASE.—Ex- poses.’’. morning business for up to 1 hour, with cept for interests purchased pursuant to para- Mr. CASEY. Mr. President, I ask Senators permitted to speak for up to graph (5), if the Secretary receives a request unanimous consent that the Senate 10 minutes each; that following morn- with respect to an interest from more than 1 eli- concur in the House amendments, the gible purchaser under paragraph (2), the Sec- ing business, the Senate resume consid- retary shall sell the interest to the eligible pur- motion to reconsider be laid upon the eration of the motion to proceed to chaser that is selected by the applicable heir, table, and that any statements relating Calendar No. 1123, H.R. 6867, an act to devisee, or surviving spouse.’’; to the bill be printed in the RECORD. provide for additional emergency un- (B) in paragraph (4)— The PRESIDING OFFICER. Without employment compensation. (i) in subparagraph (A), by adding ‘‘and’’ at objection, it is so ordered. The PRESIDING OFFICER. Without the end; f objection, it is so ordered. (ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and CIVIL RIGHTS ACT OF 1964 f (iii) by striking subparagraph (C); and COMMEMORATIVE COIN ACT (C) in paragraph (5)— PROGRAM (i) in subparagraph (A)— Mr. CASEY. Mr. President, I ask Mr. CASEY. Mr. President, earlier unanimous consent that the Banking (I) in the matter preceding clause (i)— this evening, Senator REID filed cloture (aa) by inserting ‘‘or surviving spouse’’ after Committee be discharged from further on the motion to proceed to the unem- ‘‘heir’’; consideration of H.R. 2040, and that the (bb) by striking ‘‘paragraph (3)(B)’’ and in- ployment insurance legislation. Nego- Senate proceed to its immediate con- tiations are ongoing to come to an serting ‘‘paragraph (3)(A)(ii)’’; and sideration. (cc) by striking ‘‘auction and’’; agreement to have that vote tomorrow. (II) in clause (i), by striking ‘‘and’’ at the The PRESIDING OFFICER. Without Senators will be notified when the vote end; objection, it is so ordered. The clerk is scheduled. (III) in clause (ii)— will report the bill by title. (aa) by striking ‘‘auction’’ and inserting The assistant legislative clerk read f ‘‘sale’’; as follows: ADJOURNMENT UNTIL 9:30 A.M. (bb) by striking ‘‘the interest passing to such A bill (H.R. 2040) to require the Secretary TOMORROW heir represents’’ and inserting ‘‘, at the time of of the Treasury to mint coins in commemo- death of the applicable decedent, the interest of ration of the semicentennial of the enact- Mr. CASEY. If there is no further the decedent in the land represented’’; and ment of the Civil Rights Act of 1964. business to come before the Senate, I (cc) by striking the period at the end and in- ask unanimous consent that it stand There being no objection, the Senate serting ‘‘; and’’; adjourned under the previous order. proceeded to consider the bill. (IV) by adding at the end the following: There being no objection, the Senate, ‘‘(iii)(I) the Secretary is purchasing the inter- Mr. CASEY. Mr. President, I ask at 6:42 p.m., adjourned until Thursday, est under the program authorized under section unanimous consent that the bill be November 20, 2008, at 9:30 a.m. 213(a)(1); or read a third time and passed, the mo- ‘‘(II) after receiving a notice under paragraph tion to reconsider be laid upon the f (4)(B), the Indian tribe with jurisdiction over table, with no intervening action or de- the interest is proposing to purchase the interest NOMINATIONS bate, and that any statements relating from an heir or surviving spouse who is not re- Executive nominations received by to the bill be printed in the RECORD. siding on the property in accordance with the Senate: clause (i), and who is not a member, and is not The PRESIDING OFFICER. Without eligible to become a member, of that Indian objection, it is so ordered. FEDERAL HOUSING FINANCE AGENCY tribe.’’; and The bill (H.R. 2040) was ordered to a STEVE A. LINICK, OF VIRGINIA, TO BE INSPECTOR GEN- (ii) in subparagraph (B)— ERAL OF THE FEDERAL HOUSING FINANCE AGENCY. third reading, was read the third time, (NEW POSITION) (I) by inserting ‘‘or surviving spouse’’ after and passed. ‘‘heir’’ each place it appears; and SECURITIES INVESTOR PROTECTION (II) by striking ‘‘heir’s interest’’ and inserting f CORPORATION ‘‘interest of the heir or surviving spouse’’. APPOINTMENT ALESIA RANNEY-MARINELLI, OF NEW YORK, TO BE A (d) CONFORMING AMENDMENT.—Section DIRECTOR OF THE SECURITIES INVESTOR PROTECTION The PRESIDING OFFICER. The CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2011, 213(a)(1) of the Indian Land Consolidation Act VICE ARMANDO J. BUCELO, JR., TERM EXPIRING. (25 U.S.C. 2212(a)(1)) is amended by striking Chair, on behalf of the Republican MARK S. SHELTON, OF KANSAS, TO BE A DIRECTOR OF ‘‘section 207(p)’’ and inserting ‘‘section 207(o)’’. leader, pursuant to provisions of Public THE SECURITIES INVESTOR PROTECTION CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2011. (REAPPOINT- (e) OWNER-MANAGED INTERESTS.—Section Law 110–343, appoints the following in- MENT) 221(a) of the Indian Land Consolidation Act (25 dividual as a member of the Congres- INTER-AMERICAN FOUNDATION U.S.C. 2220(a)) is amended by inserting ‘‘owner sional Oversight Panel: The Honorable or’’ before ‘‘co-owners’’. THOMAS JOSEPH DODD, OF THE DISTRICT OF COLUM- JUDD GREGG, of New Hampshire. BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF (f) EFFECTIVE DATES.— Mr. CASEY. Mr. President, I suggest THE INTER-AMERICAN FOUNDATION FOR A TERM EXPIR- (1) TESTAMENTARY DISPOSITION.—The amend- ING JUNE 26, 2014. (REAPPOINTMENT) ments made by subsection (c)(2) of this section the absence of a quorum. GARY C. BRYNER, OF UTAH, TO BE A MEMBER OF THE The PRESIDING OFFICER. The BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- to section 207(b) of the Indian Land Consolida- DATION FOR A TERM EXPIRING JUNE 26, 2014. (RE- tion Act (25 U.S.C. 2206(b)) shall not apply to clerk will call the roll. APPOINTMENT)

VerDate Aug 31 2005 04:54 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 9801 E:\CR\FM\A19NO6.033 S19NOPT1 rfrederick on PROD1PC67 with SENATE November 19, 2008 CONGRESSIONAL RECORD — SENATE S10679 ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF To be major To be major THE BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2014. CLEVIS T. PARKER JOSEPH S. SELKEN (REAPPOINTMENT) RODNEY G. BENT, OF VIRGINIA, TO BE A MEMBER OF IN THE ARMY THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR THE BOARD OF DIRECTORS OF THE INTER-AMERICAN APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2014, UNITED STATES ARMY MEDICAL SPECIALIST CORPS INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE VICE ADOLFO A. FRANCO, TERM EXPIRED. UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: 10, U.S.C., SECTION 12203: IN THE COAST GUARD To be major To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS A. BRYANT AS VICE COMMANDANT OF THE UNITED STATES COAST LYNN F. ABRAMS KENNETH S. GILLESPIE JAMES P. MCGINNIS GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR U.S.C., SECTION 47: APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR To be vice admiral UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, APPOINTMENT TO THE GRADES INDICATED IN THE U.S.C., SECTIONS 531 AND 3064: UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, VICE ADM. DAVID P. PEKOSKE To be major U.S.C., SECTIONS 531 AND 3064: IN THE AIR FORCE CATHERINE A. OLIVER To be lieutenant colonel THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE JAMES A. GRIGGS THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR UNITED STATES OFFICER FOR APPOINTMENT AS THE DI- WILLIAM B. WILKINSON RECTOR, AIR NATIONAL GUARD AND FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE RESERVE OF THE AIR UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER To be major FORCE UNDER TITLE 10, U.S.C., SECTIONS 601 AND 10506: TITLE 10, U.S.C., SECTIONS 531 AND 3064: To be lieutenant general To be major PAUL R. HUNT THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MAJ. GEN. HARRY M. WYATT III TIMOTHY S. ALLISONAIPA APPOINTMENT TO THE GRADES INDICATED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY U.S.C., SECTIONS 531 AND 3064: FORCE UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel To be lieutenant colonel To be major PETER H. GUEVARA RICHARD W. JOST DANIEL A. STRODE To be major THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MENT TO THE GRADE INDICATED IN THE REGULAR AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY WALTER W. CASPER FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): UNDER TITLE 10, U.S.C., SECTION 624: WALTER W. SHRATZ

VerDate Aug 31 2005 03:49 Nov 20, 2008 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 9801 E:\CR\FM\A19NO6.065 S19NOPT1 rfrederick on PROD1PC67 with SENATE