[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9574-S9577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR ECONOMIC RECOVERY FOR 
      THE FISCAL YEAR ENDING SEPTEMBER 30, 2008--MOTION TO PROCEED

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
motion to proceed to S. 3604 is considered made by the majority leader.
  The Senator from Colorado is recognized for 3 minutes.
  The ACTING PRESIDENT pro tempore. The Senator from Colorado is 
recognized.
  Mr. ALLARD. Mr. President, I rise in opposition to the stimulus 
package. This stimulus package attempts to overturn an oil shale 
agreement that was reached in the continuing resolution.
  This is more of the same shoddy process we have seen from the 
majority party throughout the entire Congress. If the purpose of this 
amendment is to stimulate the economy, why would we attempt to place 
one of the largest potential deposits of oil in the world out of reach?
  This provision would maintain the status quo of sending $700 billion 
annually to the likes of Hugo Chavez, if we enacted this provision. Not 
only are we sending American dollars abroad, but we are sending 
American jobs after them. It is ironic that something that is supposed 
to stimulate our economy would, in fact, hurt us.
  This Congress has already passed a stimulus proposal as well as a 
supplemental disaster appropriations bill, and we are going to vote on 
a $700 billion Wall Street bailout. We must realize that the United 
States does not have a blank check to spend unlimited amounts of 
taxpayer money.
  It is premature to consider the stimulus package before we fully know 
what our other obligations are going to be. This do-nothing and drill-
nothing Congress is out of touch with the people who put them in 
office.
  Earlier this week we saw the largest single-day jump in oil prices in 
history. How did Democrats in Congress react? They attempted to extend 
the ill-conceived moratorium on oil shale regulations. This moratorium 
places over 800 billion barrels of potentially recoverable oil out of 
reach. That is an energy source larger than the proven reserves of 
Saudi Arabia. Let me repeat that again. We are talking about an energy 
source larger than the proven reserves of Saudi Arabia.
  The Democratic-controlled Congress is completely ignoring the needs 
of our Nation. It is not only unfortunate but also insulting to the 
American people who are struggling to pay these high fuel prices at the 
gas pump.
  Mr. LEVIN. Mr. President, Congress needs to take action to stimulate 
the slumping economy in ways that create jobs and help average middle-
class Americans. So I am pleased that today the Senate is voting on a 
second economic stimulus package of $56.2 billion aimed at creating 
jobs and helping people suffering from higher prices at the pump and at 
the grocery store, reduced State services, high unemployment, home 
foreclosures and otherwise feeling the economic pain in their daily 
lives. We clearly need more economic stimulus, especially in States 
like Michigan. I hope my colleagues will join me in supporting this 
bill.
  Importantly, this package includes a much needed unemployment 
extension. In August, Michigan's unemployment rate rose from 8.5 
percent to 8.9 percent. The Nation's unemployment rate also increased 
by .4 percent, to 6.1 percent, the highest since 2003. These are very 
hard economic times. Unemployment rates are rising and since January 
2001 we have lost 3.686 million manufacturing jobs nationally and 
253,800 manufacturing jobs in Michigan. Since 2000, we have lost more 
than 450,000 jobs in Michigan across all industries.
  The unemployment insurance extension which was signed into law on 
June 30 as part of the supplemental war appropriations bill included a 
13-week extension of UI benefits for all States. Since then, workers 
who started receiving the 13-week extension in mid-July under the 
current program will have their benefits cut off starting October 5. 
This means that an estimated 42,600 workers in Michigan will be cut

[[Page S9575]]

off in October, and 775,000 workers across the Nation. By the end of 
this year, the number of individuals who would have exhausted their 
unemployment benefits will rise to 58,000 in Michigan and 1.1 million 
nationally.
  The unemployment insurance extension included in this economic 
stimulus package is essential. This extension will ensure that hard 
working Americans have an additional 7 weeks as they continue to find 
jobs. In high unemployment States like Michigan, these States will 
receive an additional 13 weeks. We must ensure that those individuals 
who have lost their jobs and are looking for work, during a time when 
industries are losing jobs and the price of food and energy are rising, 
are not also struggling to put food on their table, pay their utility 
bills, and cover their mortgages.
  With States facing billions of dollars in shortfalls in revenue 
collection, they are forced to cut health care, education and other 
important programs that average people depend on. This bill will help 
States facing shortfalls by providing $19.6 billion to reduce the 
State's share of Medicaid costs by increasing the Federal share by 4 
percent.
  The bill also includes $10.8 billion for building and repairing 
highways, bridges, mass transit and airports. I have been calling for 
additional infrastructure spending because infrastructure investment 
creates jobs and promptly puts people to work. This type of investment 
strengthens our economy and it gives us better roads and safer bridges.
  President Bush had opposed providing infrastructure funding as an 
economic stimulus claiming there is a lag time to get infrastructure 
projects going and Federal funding could not be spent fast enough to 
spur the economy in the short term. But there are plenty of ready to go 
projects in Michigan and other states that can put people to work right 
away.
  Infrastructure spending for projects that are ready to begin 
construction could immediately create high-paying jobs in the short 
term. Once built, the new infrastructure would enhance economic output 
over the long term. Investment in transportation, water and sewer 
projects, navigational systems, and other public infrastructure 
projects that are ready to go will create jobs and provide the means 
for future economic growth. Specifically, Michigan has at least $263 
million of transportation projects that could be started this year.
  The Great Lakes navigational system also faces a backlog in 
construction and operations and maintenance projects. The Army Corps of 
Engineers estimates $62 million could be used this year to address the 
backlog in dredging projects to help ensure that shipping--one of the 
lowest cost ways to transport supplies to industry and products to 
customers--is not impeded. The Economic Recovery Act includes $100 
million for Army Corps of Engineers dredging projects to address this 
backlog and to ensure that channels are dredged for energy shipments 
and other raw materials. Great Lakes coal trade for the year totals 
about 24 million tons, fueling electric utilities and manufacturing 
plants. In total, Great Lakes vessels transport about 115 million tons 
of cargo each year, fueling our Nation's industries and manufacturing 
plants. This funding is critical for ensuring these shipments can 
continue to flow. The bill also would provide $600 million for the 
Environmental Protection Agency's clean water State revolving fund, 
which provides funding to States for low-cost loans for sewer projects. 
This money could be used immediately in Michigan, which has 20 sewer 
projects that are ready-to-go, and could use $55 million this year.
  I am pleased that the stimulus package contains a significant 
increase in funding for the Department of Energy's weatherization 
assistance programs, providing an increase of $500 million over what is 
already proposed to be included in the continuing resolution for fiscal 
year 2009, providing a total of close to $1 billion for this program. 
The Bush administration has consistently reduced funding for 
weatherization assistance in previous years and even proposed to 
eliminate it completely this year. But instead of decimating the 
program as proposed by the administration, the stimulus package will 
more than triple the current level of funding assistance provided by 
the Federal Government and help to weatherize an additional 300,000 
homes and support more than 8,000 existing jobs.
  This stimulus package also includes over $700 million to continue to 
help our Nation's homeowners and renters, many of whom are experiencing 
the real impacts of this housing crisis first hand. The increased 
funding to implement the recently-passed Housing and Economic Recovery 
Act, funding for legal assistance to families whose homes are in 
foreclosure, and housing assistance to renters who are being displaced 
by foreclosure included in this bill would provide much needed relief 
to those caught in the middle of this crisis. In addition, this bill 
would provide additional funding to assist the FBI in their 
investigation of the rising claims of mortgage fraud throughout this 
country.
  The cost of operating and maintaining public housing has been rising 
and public housing agencies need additional funding to address critical 
and urgent safety, security and energy-related needs. This bill 
includes funding to address these needs that will prioritize 
rehabilitating vacant rental units in order to meet increasing demand 
for affordable rental housing.
  The stimulus package includes an additional $300 million for advanced 
battery research and development and battery manufacturing. This 
funding is critical if the U.S. is to develop the components needed for 
advanced technology vehicles and if we are to remain competitive in the 
global marketplace. There is a strong push here and in other countries 
to develop a lithium ion battery suitable for vehicle applications at 
affordable cost. Significantly more Federal investment is required--as 
much as triple the amount being spent now--if we are to meet this 
challenge in the U.S. Over time, Japan and other Asian governments have 
invested significantly more money in battery technology and have 
supported their manufacturers in bringing these technologies to the 
market. Most of these technologies were originally invented here, but 
the manufacturing has been done overseas because these other countries 
more vigorously support their manufacturing base. We need a similar 
strong commitment in the U.S.--both in exploratory research and 
development and in development of advanced battery manufacturing 
capabilities--to ensure that the next generation of technology is built 
here in America. The additional $300 million included in the stimulus 
will take a giant step in the right direction.
  This legislation also includes valuable funding for law enforcement 
and border security. It includes $490 million for Byrne grants to 
support State and local police and $500 million for the COPS hiring 
grant program, which will put 6,500 new officers on the street across 
the country. Further, the bill includes $776 million for border 
construction at CBP-owned inspection facilities at land border ports of 
entry.
  Mr. President, with the economic crisis on Wall Street looming before 
us Congress must act to help people on Main Street now more than ever. 
The bill before us does this and I will vote for it.
  Mr. DOMENICI. Mr. President, with the backdrop of gas prices soaring 
to new heights this past summer and the specter of sending a half a 
trillion dollars to overseas to purchase oil from foreign regimes, I am 
told that the majority leader seeks to reinstate a moratorium on final 
regulations for the commercialization of oil shale. Ironically he is 
doing it on a bill that is being called a stimulus. Well, it certainly 
won't stimulate domestic production of energy. If brought to fruition 
it will give the majority in the Senate the dubious distinction of 
being even more antiproduction than the majority in the House.
  I have heard my friends on the other side say that they are not 
standing in the way of oil shale, but at the same time, they are doing 
exactly that. In the next sentence, they argue that there is nothing 
about oil shale that will bring relief to the American consumers. I 
find it difficult to understand these statements, and so do a majority 
of Americans. Over the summer, the majority did everything it could to 
obstruct our efforts in increase domestic production. The majority 
cancelled an appropriations committee markup to avoid the issue of 
drilling on the OCS

[[Page S9576]]

and developing Western oil shale. They prevented a real debate and a 
real vote on energy. Finally, we saw a breakthrough from the House. 
After dodging the energy reality for months, they passed a continuing 
resolution without the moratorium on oil shale regulations and without 
the moratorium on the OCS. This was a great development and not one we 
should turn back by reimposing an oil shale ban.
  Several recent polls inform us that a strong and growing majority of 
the American people want to us to produce more of our own American 
energy resources. The development of Western oil shale will not be upon 
us today, but an indefensible moratorium on regulations will ensure 
that the development of oil shale will not be upon us tomorrow, either. 
And, therefore, relief for the American people will be delayed as well. 
Let me tell you what I know about oil shale, and the moratorium that 
the other side supports.
  Oil shale is a rock from which oil can be extracted through 
technologies such as in-situ heating and surface retorting. I have been 
out to Colorado and I have seen the vast commitments that private 
industries are making to help make oil shale production a reality in 
this country. But make no mistake about it--with this moratorium, the 
other side seeks to stand in the way of that progress.
  The USGS estimates that there is a potential total of 2.1 trillion 
barrels of resource in the Green River Basin of Colorado, Utah, and 
Wyoming. The Strategic Unconventional Fuels Task Force and Rand 
Corporation have estimated that 800 billion barrels of oil equivalent 
is technically recoverable. This is enough to replace the amount of oil 
we currently import at today's pace for more than 160 years. With oil 
prices above the $100 mark for a sustained period of time and with 
technologies advancing rapidly, the potential development of large 
quantities of oil shale is a reality. American companies stand ready to 
continue the necessary work, but a moratorium placed on oil shale casts 
a large shadow of uncertainty. We must remove that shadow immediately.
  In 2005, we passed the Energy Policy Act. Working across party lines 
in both the Senate and the House, Senator Bingaman and I brought 
together broad bipartisan support behind a conference report that each 
and every Senator from the Western oil shale States supported. In that 
bill we set up an oil shale pilot program with research and development 
leases. We also set forth a time frame for the development of final 
regulations for commercial leasing. This does not mean that commercial 
leasing would begin now, but what it does mean is that companies that 
need to make long-term planning decisions on where to make significant 
capital investments have a clear sense of rules of the road for future 
Western oil shale leasing.

  If these regulations were completed, companies could be provided with 
certainty and stability. Recently, Chevron joined other companies who 
have publicly called for the lifting of the moratorium on oil shale 
regulations. The final regulations would provide a road-map on 
diligence requirements, royalty rates, conversion fees, and operating 
and environmental requirements such as reclamation requirements. Both 
private industry and localities would know the terms and conditions 
necessary for this American energy project. That is why we included 
this provision in the bipartisan 2005 Energy bill. Two years after that 
bill passed, along came an appropriations moratorium quietly written 
into a large omnibus spending bill. In other words, Congress has 
prevented the Department of the Interior from doing the work necessary 
to make oil shale a reality. Shell Oil Company recently testified 
before the Senate Energy Committee that, ``the extension of this 
moratorium on potential future development of America's vast oil shale 
resource may be intended to become permanent in nature. The extension 
of this moratorium may well have a chilling effect on our efforts to 
develop this resource in the future.'' I could not agree more with this 
assessment.
  Additionally, the Department of the Interior recently testified that 
finalizing oil shale regulations is a critical component to realize the 
vast potential of our Western oil shale resource. Assistant Secretary 
Allred stated that, ``absent the certainty that final regulations would 
bring, the commercial oil shale industry may not be willing to invest 
the necessary dollars for research, and this vast domestic resource 
will remain untapped at a time when our Nation is searching for ways to 
further its energy security.'' And recently Utah's Governor--a voice 
from on the ground--requested that Congress remove this moratorium, 
writing, ``I recommend lifting those restrictions. Utah is home not 
only to substantial oil shale reserves . . . but also to businesses 
willing to develop oil shale using new technology that will make 
extraction cleaner and more efficient. We have State and Federal 
regulators who are capable of ensuring that this resource is developed 
in an environmentally responsible manner.'' So, despite this coalition 
of industry, local support, and a Federal agency eager to do the 
necessary work, and now even the Speaker and the majority in the 
House--the majority in the Senate is asking us to stand in the way of 
this progress.
  For all of the above reasons, I introduced a bill in May that lifts 
this unnecessary and harmful oil shale moratorium. We pushed and proded 
and pushed some more until the House majority listened to the American 
people. Now, I am sending the same message to the Senate. Ending this 
moratorium would send a message to the world that America is serious 
about Western oil shale development. I urge my colleagues on the other 
side to reaffirm their bipartisan commitments made during the Energy 
bill of 2005 and help us join the House in removing the oil shale 
moratorium. If we do that, we will take a step in the right direction 
of reducing our great dependence on foreign oil and we will strengthen 
our Nation's energy security.
  Ms. MIKULSKI. Mr. President, I rise today in support of the bill 
offered by Majority Leader Reid and Chairman Byrd. I commend them for 
their leadership during this economic crisis. This bill helps families 
who are struggling with rising food and energy costs and it creates 
jobs by investing in America's infrastructure. Simply put, this bill 
says to the American people--your government is on your side and help 
is on the way.
  We need this bill to show Americans whose side we are on. Americans 
are mad as hell. They have watched Wall Street executives pay 
themselves lavish salaries, engage in irresponsible lending practices, 
practice casino economics and gamble on risky investment mechanisms. 
Now those very same Americans who've worked hard and played by the 
rules, who were prudent investors, prudent savers, and prudent citizens 
are asked to pay the bill for those who didn't.
  Now, it is for these people that government must do something. It is 
for these people that this bill is so important. We have to show them 
that we are fighting for the middle class. Since we're about to shell 
out $700 billion to help Wall Street, we need to put government on the 
side of those who need it.
  I agree with the President that Congress must act promptly in order 
to restore confidence to our markets. But there are still tough 
questions to be asked. Congress will act with resolve but we will not 
be a rubberstamp. The administration originally sent us a plan for a 
blank check. I say no blank checks and no checks without balances. I 
will continue to work to put in the oversight and accountability into 
this plan. This plan needs to work. I will fight for the middle class 
and for the people who play by the rules.
  I am supporting the Reid-Byrd stimulus bill for three reasons. First, 
it provides a safety net for families. Second, the bill creates jobs in 
America with infrastructure investments. Third, it fights price gouging 
and fraud.
  The stimulus is a safety net for America's families. It is for 
families who are struggling to pay for food, energy, and housing. It 
also extends unemployment insurance up to 13 weeks in States with high 
unemployment. It increases Medicaid payments to States, so States with 
shortfalls can continue health care. It also helps the elderly pay 
their energy bills.
  The stimulus makes important investments in America's physical 
infrastructure, which will create jobs. Specifically, it provides: $8 
billion to build

[[Page S9577]]

and repair bridges and highways; $2 billion for mass transit systems, 
including important work to improve and expand bus, subway, and light-
rail services; and $350 million for AMTRAK to help repair tracks and 
tunnels. These transportation infrastructure investments will create 
384,000 jobs. The bill also provides $600 million for water and sewer 
grants to fix aging sewer systems; helps take burden off ratepayers and 
protects public health and the environment. These investments will 
create 24,000 jobs.
  The stimulus fights price gouging and fraud on American taxpayers. 
The foreclosure crisis is ruining lives and ruining neighborhoods. The 
FBI Director told the CJS Subcommittee that mortgage fraud 
investigations are growing rapidly. The Reid-Byrd stimulus provides $5 
million to increase the FBI's investigations of mortgage fraud, which 
will allow the FBI to add at least 20 agents and support staff to keep 
up with the rising caseload. And the stimulus includes $13.1 million 
for the Commodity Futures Trading Commission for increased oversight of 
commodity, energy, and food pricing.
  As chairwoman of the Commerce, Justice, Science Subcommittee, I am 
pleased this bill includes important funding to make America's 
communities safer and stronger. This bill makes America's neighborhoods 
safer; safer communities are stronger communities. The bill provides 
$490 million for Byrne grants, which is the main Federal grant program 
that helps State and local law enforcement pay for police training, 
antidrug task forces and equipment like radios and computers. 
Specifically, this funding will help keep over 6,000 cops on the beat 
in our local communities and install almost 45,000 mobile laptops in 
police vehicles. The 2008 Omnibus provided just $170 million for Byrne 
grants because the President threatened to veto the CJS bill. The $490 
million in the Reid-Byrd bill will result in a final 2008 Byrne grant 
amount of $660 million. This is the level in the Senate passed 2008 CJS 
bill. The Reid-Byrd bill also includes $500 million for the COPS hiring 
program, the competitive grant program that pays for new cops on the 
beat. This funding will put 6,500 new cops on the street in 
neighborhoods around the Nation. This is the first time since 2005 that 
the COPS hiring program would receive substantial dedicated funds to 
help communities hire new police. I'm so pleased the Reid-Byrd stimulus 
bill includes $50 million to enforce the Adam Walsh Child Protection 
Act. This funding will enable the U.S. Marshals to hire 150 new deputy 
marshals devoted to apprehending fugitive sex offenders who prey on our 
children.
  In the area of science and innovation, I'm pleased the bill includes 
$250 million for NASA to help shorten the 5-year gap in time between 
the Space Shuttle's retirement in 2010 and the availability of our new 
vehicle in 2015. During this 5-year gap, the only way U.S. astronauts 
will be able to go into space is aboard Russian vehicles. The United 
States of America must remain a leader in science, innovation and space 
exploration. The Reid-Byrd bill helps close our gap in space access.
  The Reid-Byrd bill tells those who are struggling that help is on the 
way and that your government is on your side. The bill makes important 
investments in our infrastructure and creates jobs. It makes our 
communities and our Nation safer and stronger. I urge my colleagues to 
support the Reid-Byrd stimulus bill.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Mississippi is 
recognized.
  Mr. COCHRAN. Mr. President, I appreciate the leadership permitting me 
to comment on the schedule for consideration of the Appropriations 
bills before the vote on the stimulus bill. It is unfortunate that the 
continuing resolution comes in the form it does to the Senate. What 
this bill actually contains is the fiscal year 2009 Homeland Security 
Appropriations bill as well as the Defense appropriations bill, and the 
Military Construction and Veterans Affairs appropriations bill. It also 
contains a continuing resolution to fund the rest of the Government 
through March 6, and a substantial disaster supplemental in response to 
floods, wildfires, and hurricanes.
  There was no opportunity for the Senate to carefully review all of 
this bill in the time that is being allotted for its consideration this 
morning, there was no opportunity for most Members--whether they were 
members of the Appropriations Committee or otherwise--to advocate for 
specific requests, no forum for offering amendments, no meetings in 
which to argue policy or air grievances, there was no meeting of a 
conference committee.
  A few elements of the bill have been previously considered, but only 
a few, by the Senate. Only the Military Construction and Veterans 
Affairs chapter was debated on the floor of the other body. The regular 
order has been thrown out the window and we have failed to give the 
Senate and the people we represent an opportunity to know exactly what 
we are about to do. Not one of the individual appropriations bills has 
been brought to the Senate floor. But in spite of that, we have to 
appropriate the money, we have to vote in support of an appropriations 
bill. I rest my case. I hope we can do better in the future than we 
have done in this cycle.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to the 
motion to proceed to S. 3604.
  Mr. REID. Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from Massachusetts (Mr. Kennedy), the Senator from Illinois 
(Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. Graham), the Senator from Arizona (Mr. 
McCain), and the Senator from Alaska (Mr. Stevens).
  Further, if present and voting, the Senator from South Carolina (Mr. 
Graham) would have voted ``nay.''
  The PRESIDING OFFICER (Mr. Webb). Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 52, nays 42, as follows:

                      [Rollcall Vote No. 206 Leg.]

                                YEAS--52

     Akaka
     Baucus
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Coleman
     Collins
     Conrad
     Dodd
     Dole
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Johnson
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

                                NAYS--42

     Alexander
     Allard
     Barrasso
     Bayh
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Domenici
     Ensign
     Enzi
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lugar
     Martinez
     McCaskill
     McConnell
     Murkowski
     Roberts
     Sessions
     Shelby
     Sununu
     Thune
     Vitter
     Voinovich
     Warner
     Wicker

                             NOT VOTING--6

     Biden
     Graham
     Kennedy
     McCain
     Obama
     Stevens
  The PRESIDING OFFICER. Pursuant to previous order, the motion not 
having attained 60 votes in the affirmative, the motion is withdrawn.
  Mr. SALAZAR. I move to reconsider the vote.
  Mrs. MURRAY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________