Carl Levin

Mr. LEVIN

Mr. LEVIN. Mr. President, April 16 marked 1 year since the deadliest shooting rampage in our Nation's history, a tragedy that took the lives of 32 Virginia Tech students and faculty members and wounded 17 more. April 16 was a day that forever changed the lives of many and we struggle to make sense of this senseless tragedy. In almost 32 States, and on at least 32 college campuses, survivors and family members of those killed or injured in that shooting recently joined students, parents, and concerned citizens to remember the lives lost on April 16, 2007. During remembrance events across the country, hundreds laid silently on the ground in groups of 32 to honor the 32 innocent victims murdered at Virginia Tech. In my home State of Michigan, people gathered in Detroit and Kalamazoo to ring bells, read names, and recite prayers, all to remember the victims of this horrible tragedy. These commemorations also sought to remember the families and loved ones of the more than approximately 100,000 people who are killed or injured by a firearm every year in America. Hundreds joined in expressing their frustrations at the glaring gaps in our Nation's gun laws. In August 2007, a panel of experts, commissioned by Virginia Gov. Tim Kaine, issued a report based upon their independent review of the tragedy at Virginia Tech. Among other things, the report pointed to weak enforcement of and gaps in regulations regarding the purchase of guns, as well as holes in State and Federal laws. It also emphasized the critical need for improved background checks and the danger firearms can present on college campuses. Despite these calls from experts and outcries from the American people, the Congress has yet to act to make it harder for dangerous people to obtain dangerous weapons. By strengthening our background check system, closing the gun show loophole, and renewing the assault weapons ban we could help put an end to the type of tragedies such as the one that occurred at Virginia Tech.

Mr. LEVIN

Mr. LEVIN. Mr. President, I congratulate Davenport on the recent successes of their Athletic Department and student athletes. The men's hockey team won their first American Collegiate Hockey Association, ACHA, Division II National Championship with a 5-2 victory over Indiana University. The women's basketball team won the Wolverine Hoosier Athletic Conference Championship, WHAC, and made it to the Sweet 16 of the National Association of Intercollegiate Athletics, NAIA, Division II National Tournament. These are both extraordinary feats considering the Athletic Department at Davenport University was formed only 6 years ago. Both programs were honored in a celebration at Davenport University on March 26, 2008. These accomplishments bring great joy and satisfaction to all those associated with Davenport University and across the State of Michigan. The hockey team's National Championship came after a third consecutive appearance in the ACHA Division II Final Four. The championship game ended an exciting week in Fort Myers, FL. Outscoring their five opponents by a combined total of 40-7, the Panthers dominated with their strong offensive attack. Under the leadership of head coach Paul Lowden, the team finished the season with a 35-11-4 record and won their third straight Great Midwest Hockey League, GMHL, regular season and tournament titles. Each player of the Davenport University team made significant contributions to the winning season, including Alex Mikla, Wes Baughman, Pat Collar, Justin Poorman, Bill McSween, Jon Stolarz, Jeremy Bultema, Justin Welker, Eric Troup, Will Collar, Rick Gadwa, Dayne Gluting, Chad Anguilm, Bobby Collar, Jeff Kraemer, Adam Tomacari, Kevin Doyle, Adam Thomas, Kevin Moodie, Chris Joswiak, Scott Knight, Chad Rutzel, Eddie Wheeler, Jared Mailloux, Chris Green, Brit Ouelette, Brett Hagen, Luke Bonnewell, Kenny Jacobs, Jason Kraemer, Jonah Rogowski, Ben Duthler, head coach Paul Lowden, and assistant coaches Phil Sweeney, Jamie Bradford, and Joe Messina. After only six seasons at Davenport University, head coach Paul Lowden was named the 2008 ACHA Men's Division II Coach-of-the-Year. He was honored with this award at the American Hockey Coaches Association Coach-of-the-Year Celebration this past weekend. Coach Lowden was also selected by the ACHA as the inaugural head coach for the Men's Division II Select Team. The select team traveled to Europe this winter and finished with a perfect 5-0-0 record. The Lady Panthers basketball team, under the leadership of head coach Mark Youngs, earned their second consecutive Wolverine Hoosier Athletic Conference title. Senior Jeanette Woodberry, who was named both the WHAC Player of the Year and a First Team All-American, led the team to victory. Sara Haverdink and Kristin Bergsma were both named to the NAIA Academic All-American team. The basketball team finished this outstanding season with a record of 28-6 overall and 13-1 in their conference. Teamwork, determination and a commitment to excellence by each member of this basketball team led to their success. The members include Lyndsey Shepherd, Megan Peters, Sara Haverdink, Andrea Kimm, Brittany Lyman, Kristin Bergsma, Kristi Boehm, Lynne Blomberg, Kayla Chapman, Jeanette Woodberry, Emily Rosenzweig, Kallie Benike, Sylvia Welch, Shannon Slattery, Stephani Roles, along with head coach Mark Youngs, and assistant coaches Kelly Wandel, Shannon Callaghan, and Alicia Barczak. I am proud to recognize the outstanding achievements of the Davenport University Athletic Department. Their student athletes compete admirably in athletics and in the classroom, and maintain an average GPA of 3.22. I extend my best wishes to the players, coaches, families, and the University community that supported them throughout this triumphant season. I know my colleagues in the Senate join me in congratulating Coach Lowden, Coach Youngs, and the Davenport University Panthers.

Mr. LEVIN

Mr. LEVIN. Mr. President, I support the Genetic Information Nondiscrimination Act. Medical science has made amazing progress over the past century and a half, and I hope that we can pass this legislation, which will allow our nation to harness the promise of personalized medicine through an understanding of individual genomes, while ensuring that Americans are protected against the misuse of such powerful knowledge. The past 140 years have marked an increasingly frequent series of scientific breakthroughs regarding that intricate and vital component of life called deoxyribonucleic acid, or DNA. In 1869, Friedrich Miescher found the microscopic substance that would come to be called DNA within the nuclei of cells. In 1952, Alfred Hershey and Martha Chase confirmed that DNA plays a role in heredity. The following year, James Watson and Francis Crick used images produced by Rosalind Franklin to propose what many believe to be the first accurate model of the structure of DNA, the now-familiar double helix. In 1977, Fred Sanger boosted the ``phi X'' bacteriophage into the limelight by making it the first organism to have its genome sequenced. With the advent of genome sequencing came the need for a common location to store all that information. Efforts to develop the Los Alamos Sequence Database, which was established in 1979, led to the establishment in 1982 of the GenBank to store genome sequences, which was jointly funded by the National Institutes of Health, NIH, the National Science Foundation, NSF, and the Departments of Defense and Energy. In 1990, the Human Genome Project, a bold new international collaboration, was established. While there is more work to be done, by about February of 2003, approximately 92 percent of the human genome had been sequenced. As scientists discover more about the human genome, we learn more about disease and illness. Understanding the relationship between our genes and disease has already led to improvements in screening, diagnosis, treatment, and even prevention where possible. In 2006, George Church announced the Personal Genome Project, which seeks to record the complete genome of each volunteer. The ability to unlock an individual's genome could, combined with the knowledge developed through genetic research, allow for personalized medicine to a degree that would have been unheard of only years ago. Though there are many diseases we do not yet fully understand and though much additional research is needed, we have at our grasp the ability to make stunning breakthroughs in medicine by looking inside ourselves, to our own genes. With the incredible advances in modern medicine resulting from our new understanding of, and ability to analyze, our own genes comes great responsibility. Genetic information about an individual could be used for great good: it could hold the keys to identifying the best way to treat each person for their illnesses. However, we must be careful to guard against the use of this information to discriminate against those of differing genetic compositions. It would be absolutely unacceptable, for example, for an employer to use genetic information in making hiring decisions or determining pay. Likewise, it would be unconscionable to allow insurance companies, whose business combines both health and risk assessment, to utilize genetic information for the purpose of denying coverage for, or charging higher rates to, an individual merely because of that person's unalterable building blocks of life, their DNA. Probabilities and statistical measures derived from analysis of the human genome may be able to help us to be proactive and preventive in caring for patients. However, we must not allow discrimination on the basis of that information. There is always the chance that an individual will never develop a particular disease and, therefore, never incur the cost of treating the disease that never developed. It would be unjust to force an additional burden upon an individual as a result of the potential, as opposed to the fact, of developing a particular disease. Unfortunately, the risk of discrimination is real. Our history has shown us that some employers have discriminated on the basis of a range of impermissible categories. As a result, Congress has passed laws such as the Civil Rights Act, CRA, the Americans with Disabilities Act, ADA, and the Age Discrimination in Employment Act, ADEA. These laws have made significant steps in reducing discrimination in employment, but problems remain and Congress continues to work to pass additional antidiscrimination legislation to expand those protections. Likewise, the economics of the health insurance industry, in its current form, demand that Congress act to pass legislation to protect individuals from being discriminated against, perhaps because their DNA indicates a possible disease or disorder that the insurance provider would rather not cover. Or perhaps merely because people with certain genetic markers might require more attention and care--and therefore represent a higher cost to the insurer--than others. I believe we have a moral obligation as a Nation to ensure that all Americans have access to quality, affordable health care. Part of that obligation includes ensuring that no American is denied health care because of their DNA. We do not determine our own DNA. We are born with it. We cannot allow discrimination on the basis of such a fundamental aspect of life and one in which we had no choice. Beyond the genes that set the backdrop for our physical existence, we are, each of us, unique beings with the freedom to choose our paths in life. We must not allow the use of genetic information to constrain our freedoms. The Genetic Information Nondiscrimination Act provides essential protections to preserve our individual freedom and protect our rights. I support this bill and I hope that it will receive speedy passage in the House of Representatives and that the President will act quickly to sign this critical legislation.

Mr. LEVIN

Mr. LEVIN. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. LEVIN

Mr. LEVIN. Mr. President, it is my pleasure, along with that of my colleague from Michigan, Senator Stabenow, to recognize the 175th anniversary of Kalamazoo College. Kalamazoo College enjoys the distinction of being Michigan's oldest college and one of our Nation's 100 oldest colleges. This occasion will be marked by a series of celebrations this spring, beginning with the Founder's Convocation on April 24, 2008. It is with pride that Senator Stabenow and I bring this milestone to the attention of the Senate. Since its inception in 1883, Kalamazoo College has made immeasurable contributions to the academic, economic, and cultural life of the Greater Kalamazoo area, the State of Michigan, and the world community. Founded by Baptists as the Michigan and Huron Institute, this institution was formally named Kalamazoo College in 1855. Devoted to the study of liberal arts and sciences and with an enduring mission ``to prepare its graduates to better understand, live successfully within and provide enlightened leadership to a richly diverse and increasingly complex world,'' Kalamazoo College has earned a national reputation as a respected, private, 4-year coeducational college. Central to this mission is the Kalamazoo Plan, a program established in 1962 that integrates career development internships and study abroad experiences with a rigorous academic curriculum and an individualized senior project. The Kalamazoo Plan was initiated under president Weimer Hicks and seeks to create an academic community where students are engaged in leadership and connected to their global surroundings. This year also marks the 50th anniversary of the college's study abroad program. Kalamazoo College offers over 50 study abroad programs on 6 continents, and more than 80 percent of its students participate in these programs, which is among the highest of any college in the Nation. In addition, Kalamazoo College ranks among the top 10 in the number of alumni participating in the Peace Corps. Guided by the concept of ``fellowship in learning,'' Kalamazoo College has continued to strive to meet the challenges presented by an ever changing and increasingly interdependent world. Notably, Kalamazoo College ranks among the top 20 liberal arts colleges in the country for students receiving Fulbright awards and 19th nationally in the percentage of graduates who earn doctoral degrees. In addition, the college received the State of Michigan Governor's Service Award in 2006, with the Kalamazoo Public Schools, for the AMIGOS Program, a bilingual program for mentoring middle school students. Kalamazoo College is an NCAA Division III school and offers eight intercollegiate sports for both men and women. An especially impressive athletic accomplishment is the tennis team's record of 69 successive MIAA championships, from 1936 to 2007, the longest streak by any athletic team at any level at any time. Kalamazoo College is also proud to have hosted the USTA Boys 18 & 16 national tennis championships since 1943. We know our Senate colleagues will join us in congratulating the past and current faculty, staff, and students of Kalamazoo College as they celebrate the school's 175th anniversary. We wish them continued success in the years ahead.

Mr. LEVIN

Mr. LEVIN. Mr. President, I would like to take this opportunity to highlight a memorable trip recently taken by a group of students from University of Michigan. Each spring, many students head for warmer climates during spring break. However, the University of Michigan's Gospel Chorale, comprised of 40 students, spent this year's spring break accompanying university president Mary Sue Coleman and other faculty and staff to the nation of Ghana. During this trip, the Michigan Gospel Chorale performed at churches, schools, colleges and public forums, including the National Theatre and the Kofi Annan International Peacekeeping Training Center, where they were warmly received. In fact, they performed before an audience of more than 2,500 at Ghana's National Theatre. One of their most moving performances occurred when the chorale sang in the dungeons of the Elmina Castle, where slaves were once held captive before they were transported across the ocean. The purpose of the University's trip to Ghana was to strengthen existing relationships the University of Michigan has in Africa and to explore opportunities for new research programs and for faculty and student cultural exchanges. Currently, more than 120 University of Michigan faculty members are involved in various projects in Ghana and South Africa, and numerous students are taking courses or are involved in research activities. As you know, the United States has a long history with Ghana, and that partnership continues to grow. The people of Ghana will remember the efforts of the University of Michigan and the Michigan Gospel Chorale's visit for a long time. For the Michigan Gospel Chorale, the journey provided a significant global learning experience. Many of the students had never traveled by air or had been out of the country. I am sure my colleagues agree that it is important for our young people to have opportunities to explore, and to contribute to, our ever-expanding global community. I know my colleagues join me in commending the University of Michigan and the Michigan Gospel Chorale for their outstanding efforts in fostering goodwill between the United States and the nation of Ghana.

Mr. LEVIN

Mr. LEVIN. Mr. President, since the first library society was formed in Detroit in 1817, libraries have played a central role in the cultural and economic development of the people of Michigan. Nearly 200 years after that first foray into book-sharing, libraries have spread across our State. Today I would like to take a moment to recognize the Capital Area District Library in Ingham County, which is celebrating a decade of enriching the Lansing area, and in doing so has continued the long history of libraries making important contributions to our State. The Capital Area District Library system plays a significant role in the early stages of learning for children in Lansing, and provides important resources for continuing education for adults. The 13 libraries and the book mobile are places where all are welcome to access and pursue a wealth of information. Patrons can work on their own, in organized programs, or with the assistance of the highly effective library staff, who are focused on promoting learning and enjoyment. The resources available through the Capital Area District Library also play a critical role in economic development. Considering that more than half of all American households do not have computers or Internet access, the Capital Area District Library resources are more important than ever to connect our citizens to technology and information in this rapidly changing world. Thomas Jefferson once wrote to John Adams, ``I cannot live without books.'' Books and education were a bedrock of life for our Nation's Founding Fathers and of our democracy; books and education and new learning resources that the Founding Fathers could not have imagined must be readily available to citizens across the country. The Capital Area District Library continues to fulfill this need in Lansing and Ingham County, and has done so for 10 years with remarkable effectiveness. I congratulate all who have worked so hard on this venture, and extend my deepest appreciation for their service to the citizens of our State.

Mr. LEVIN

Mr. LEVIN. Mr. President, the progress this bill represents is overdue. The foreclosure crisis is dire, and there is much still to be done. But this bill offers some immediate help. Over the past few months, I have hosted a series of roundtable meetings in Michigan communities with leaders from local and State government, as well as organizations that are in the trenches working with families facing foreclosure, to discuss practical ways to help homeowners and protect our economy from further damage. When I have asked for their feedback on this bill, they think it would help address a number of the problems they highlighted. Across Michigan, communities would like to rehabilitate abandoned and foreclosed properties so that surrounding property values do not continue to fall. But currently there are not funds to meet the growing demand. This bill provides Federal block grants to areas with the highest foreclosure rates and filings to help rehabilitate abandoned or foreclosed properties and prevent further damage to local housing values and neighborhoods. In addition, taxpayers who purchase a home that has been foreclosed upon will be eligible for a tax credit. This bill also provides funding for much needed pre-foreclosure counseling. I am encouraged by the good work currently being done by many counseling organizations who are trying to help families avoid foreclosure. But across Michigan, foreclosure prevention counselors are overwhelmed, and a lack of funds is tying the hands of local groups trying to help keep families on track. This bill also helps address the critical need for more affordable loans to help families refinance and stay in their current homes. States are authorized to issue new tax-exempt bonds to help homeowners refinance adjustable rate mortgages. Providing refinancing options for homeowners in potentially solvent situations is an important component in the effort to reverse the current tide of foreclosures. Ending the foreclosure crisis will require a team effort among Federal, State, and local governments, community and neighborhood organizations, and lenders, brokers, and borrowers. This bill recognizes that fact. It provides an opportunity to help keep struggling families in their homes. It provides an opportunity to help restore our housing markets by keeping declining property values stable. It will protect neighborhoods from a glut of vacant homes. There is much more we need to do, but this bill represents a long overdue start. I am hopeful that an even stronger version will return quickly to the Senate from a House/Senate conference committee so we can get much-needed help to people in Michigan as soon as possible.

Mr. LEVIN

Mr. LEVIN. I move to lay that motion on the table. The motion to lay on the table was agreed to. Vote on Amendment No. 4520

Mr. LEVIN

Mr. LEVIN. Mr. President, it is my pleasure to recognize the efforts of Dr. Philip P. Mason, widely regarded as one of Michigan's most distinguished living historians, on the opening of the 50th Annual Conference on Local History; ``Michigan in Perspective.'' This conference, which Dr. Mason founded in 1958 and continued to organize and nurture for a half century, is one of our Nation's most outstanding historical gatherings, appealing to historians of all ranks. Dr. Mason's efforts throughout the years to preserve, promote, and facilitate the use of historical records is, indeed, an important endeavor. Dr. Mason graduated from Boston University with a degree in liberal arts in 1951, and subsequently moved to Michigan to pursue a master's, and ultimately a doctorate, in history from the University of Michigan. While at the University of Michigan, he served as Michigan's State Archivist from 1953 to 1958. In 1958, Dr. Mason launched a long and distinguished career at Wayne State University as a professor of history. That same year, he founded the Archives of Labor and Urban Affairs and served as its director until he retired in 1992 to return to teaching. By 1992, the Labor Archives had grown to become the official depository for the inactive records of nine international labor unions, including the United Auto Workers, Service Employees International Union, American Federation of State, County and Municipal Employees, Airline Pilots, American Federation of Teachers, and the United Farm Workers. The archives also preserved and made available to researchers the historical files of several thousand labor leaders, reformers, and prominent community leaders. In May 1975, the new Walter Reuther Library opened on the Wayne State University campus. By the end of his tenure as director, the library had become one of the major research centers in the world and an integral part of the research of hundreds of scholars, writers, film producers, and other researchers. Dr. Mason was promoted to full professor in the department of history in 1966. He also became professor of library and information science in 1993 and his popular archives curriculum educated and inspired hundreds of young professional archivists. In 1990, Wayne State University named Dr. Mason a distinguished professor of history, a rank he retained until his retirement in 2006. Throughout his career, he received numerous awards, including the Alumni Faculty Service Award in 2005, the President's Exceptional Service Award in 2001, and the Distinguished Graduate Faculty Award in 1985. During his career as an archivist, he assisted many institutions, including Penn State University, Georgia State University, the University of Texas at Austin, and San Francisco State University to establish their labor archives. He was the major consultant to the AFL- CIO in establishing the George Meany Archives at Silver Spring. He also assisted 15 other international unions to set up archives and records management programs. Dr. Mason played an active role as a member of at least seven professional societies ranging from the American Association of State and Local History to the Michigan Historical Society. From 1986 to the present he served as co-editor of Wayne State's award-winning Great Lakes Books Series, and in 1992, he became the editor of Michigan State University Press' Henry R. Schoolcraft series. He authored or coauthored eight books including ``Rum Running and the Roaring Twenties,'' 1995, ``The Ambassador Bridge,'' 1987, and Tracy W. McGregor: Humanitarian, Philanthropist and Detroit Civic Leader,'' 2008. In addition to authoring and contributing to numerous other articles and television series, Dr. Mason has traveled for decades giving popular presentations that broaden the appreciation of Michiganders of their colorful Michigan heritage. And, along the way, Dr. Phil Mason has selflessly befriended, assisted, and inspired hundreds of young scholars to carve out careers in local history. I know my colleagues join me in honoring Dr. Philip Mason. I wish him continued success in the years ahead.

Mr. LEVIN

Mr. LEVIN. Mr. President, I am hopeful that we can proceed to a debate on this important Foreclosure Prevention Act without further delay. Homeowners across the country are suffering, and there are a number of things Congress could do to improve the worsening situation. We need to put aside partisan bickering and work together to keep families in their homes and keep this crisis from further weighing down our economy. Since we last voted on whether to take up this measure in February, it has become even more obvious that the mortgage crisis is triggering a domino effect that threatens to weaken and undermine substantial portions of our financial system. The situation is dire. In Michigan alone, nearly 80,000 homes are expected to be lost to foreclosure by 2009. My State has seen an increase in the number of foreclosure filings of 282 percent since 2005. Michigan is not alone in this crisis, nor are homeowners facing foreclosure and declining housing values the only ones being affected. Over the past few weeks we have seen the near collapse of investment bank giant Bear Stearns and an unusually active Federal Reserve working overtime to ease widespread concerns over our financial markets. At the root of these concerns is the fact that there is a long chain of investors and lenders relying on American homebuyers to pay what, in many instances are, shaky home loans. It is urgent that we move forward on this bill to provide immediate help. Since we last tried to take up this bill, I have continued my series of roundtable meetings in Michigan communities. I have met with leaders from local and State government as well as organizations who are in the trenches working with families facing foreclosure to discuss practical ways to help homeowners and protect our economy from further damage. When I have asked for their feedback on this bill, they think it would help address a number of the problems they highlighted. Across Michigan, everyone recognizes that declining home values affect not just those who are being forced into foreclosure or to sell at a loss but everyone who owns a home and the neighborhoods in which those homes are located. Many communities would like to rehabilitate abandoned and foreclosed properties so that surrounding property values do not continue to fall. But currently there are not funds to meet the growing demand. This bill provides $4 billion in Federal block grants to areas with the highest foreclosure rates and filings to help rehabilitate abandoned or foreclosed properties and prevent further damage to local housing values and neighborhoods. I am encouraged by the work of many counseling organizations, such as those I met with during my roundtable meetings in Michigan, that are trying to help families avert foreclosure. But across Michigan, foreclosure prevention counselors are overwhelmed, and a lack of funds is tying the hands of local groups trying to help keep families on track. This bill would provide $200 million for this much needed pre- foreclosure counseling. Because each new foreclosure affects the value of properties around it, in Michigan and across the Nation, there are also many homeowners who are facing the financial pressures of owing more on their mortgages than the current dollar value of their houses, a situation known as being ``underwater.'' There is a critical need for more affordable loans to be made available to help these families refinance and stay in their current homes. Most homeowners do not want to uproot their children and leave their community behind, even if the balance of their mortgage is greater than the current market value of their home. This bill would help address this problem by authorizing States to issue $10 billion in new tax-exempt bonds to help homeowners refinance adjustable rate mortgages. Providing refinancing options for homeowners in potentially solvent situations is an important component in the effort to reverse the current tide of foreclosures. Ending the foreclosure crisis will require a team effort among Federal, State, and local governments, community and neighborhood organizations and lenders, brokers, and borrowers. This bill recognizes that fact. It provides an opportunity to help keep struggling families in their homes. It provides an opportunity to help restore our housing markets by keeping declining property values stable. It will protect neighborhoods from a glut of vacant homes. We need to take up this bill now, debate it, consider amendments, and then pass it. To not do so would be to sit idly by while too many needlessly suffer.

Mr. LEVIN

Mr. LEVIN. I suggest the absence of a quorum.

Mr. LEVIN

Mr. LEVIN. Mr. President, I wish to publicly commend and congratulate COL Michael P. Barbero, U.S. Army, upon his retirement after 26 years of military service. I have come to know and respect Colonel Barbero over the last 4 years, during which time he served as the Chief of the Army Senate Liaison Division in the Office of the Army Chief of Legislative Liaison. In that capacity, Colonel Barbero was instrumental in improving the understanding of senators and staff concerning a vast myriad of Army issues, in particular an understanding of the Army's role in the wars in Iraq and Afghanistan, and the effect of those wars on the Army and its soldiers and their families. Colonel Barbero escorted over 50 congressional delegations, including 13 to Iraq and 3 to Afghanistan. I myself was privileged to have Colonel Barbero as an escort at my specific request on several of my own trips to both of those areas. He worked tirelessly to ensure my visits were coordinated with all of the relevant agencies and individuals so that I could visit the places, meet with the people, and deal with the issues that were critical for me as the chairman of the Senate Armed Services Committee. I am extremely grateful for the service he provided me and my staff during those trips. Colonel Barbero's Senate assignment was the capstone to an outstanding career of service to our Nation. After graduating from the U.S. Military Academy at West Point in 1982, Colonel Barbero served as an armor officer in command and staff positions in a number of tank and cavalry units in the United States and Germany. These assignments culminated in a position as the operations officer for the 2nd Brigade of the famed 1st Cavalry Division. Colonel Barbero also served in a number of high-level positions on both the Army and Joint Staffs at the Pentagon, as an exercise planner, analyst, and strategist. As an assistant professor at the U.S. Military Academy, Colonel Barbero played an important role in the development of the future officers and leaders of the Army. Colonel Barbero holds a master of science degree in industrial engineering from the Georgia Institute of Technology. His military awards include the Legion of Merit, Defense Meritorious Medal, Meritorious Service Medal, Ranger Tab, Parachutist Badge, and is a holder of the Army Armor Association's Order of St. George. Colonel Barbero is married to the former Vicki Jo Drake of Storm Lake, IA. They have two children, Mary--14--and Michael--10. I congratulate them too on their husband's and father's retirement from the Army. The demands of military life are such that military families also sacrifice and serve the Nation along with their soldier. Mr. President, the Army, the Senate, and the Nation are lucky to have had the service of such a great soldier. He will be sorely missed.

Mr. LEVIN

Mr. LEVIN. Mr. President, Senator McCain and I are today introducing, by request, the administration's proposed National Defense Authorization Act for fiscal year 2009. As is the case with any bill that is introduced by request, we introduce this bill for the purpose of placing the administration's proposals before Congress and the public without expressing our own views on the substance of these proposals. As chairman and ranking member of the Armed Services Committee, we look forward to giving the administration's requested legislation our most careful review and thoughtful consideration.

Mr. LEVIN

Mr. LEVIN. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LEVIN. I move to reconsider the vote.

Mr. LEVIN

Mr. LEVIN. I am pleased to join Senator Collins today in offering the Collins-Levin energy independence amendment that sets forth important steps to be taken in the area of energy tax policy. The amendment we are offering will provide some improvements to the work already done by the Budget Committee. The budget resolution before us includes a reserve fund for clean energy and the environment that establishes a framework for Congress to enact legislation that will reduce our dependence on foreign oil, reduce our greenhouse gas emissions, and protect the environment. Tax incentives such as extension of the renewable energy production tax credit and the Clean Renewable Energy Bond, CREB, program will be key components of such legislation. Both will expire at the end of 2008, and both are critical to the development of new renewable energy projects. Without an extension of the renewable production tax credit, many projects will be put on hold because they will be less financially viable. With the tax credit, these projects can go forward, and provide both investment in the economy and creation of new jobs. Similarly, the CREB program provides interest free borrowing by public utilities for qualified projects, by providing a tax credit for the taxpayer holding the bond. Eligible renewable projects are the same as those that qualify for the renewable production tax credit, including wind, solar, biomass, geothermal energy, landfill gas, trash combustion, and qualified hydropower facilities. The amendment we are offering today adds several important tax incentives to those that may be included in the legislation under this reserve fund and it specifies an adjustment in the tax code that could be used to help pay for the tax credits proposed to be extended or established. The additions that we are proposing will help us take strides toward increased use of renewable sources of energy and away from our dependence on oil. I want to mention 3 tax incentives that are included in this amendment that offer the potential to reduce significantly both our dependence on oil and our greenhouse gas emissions. We propose 2 tax incentives that address the production of ethanol from cellulosic sources and the production of biodiesel fuels, and we propose a new tax credit for plug-in hybrid vehicles. Specifically, we propose extension of the current production tax credit for biodiesel fuel and the small-producer biodiesel tax credit, both of which will expire at the end of 2008. Extension of these tax credits were included in the 2007 energy bill but not enacted into law. Many of our small biodiesel producers are already having a hard time now because of the increasing prices of feedstock. Without this tax credit, they will not be able to stay afloat and we will lose these new sources of biodiesel fuels. We cannot afford to do that. We also propose a new production tax credit for cellulosic ethanol. Current law provides for an ethanol blenders tax credit for ethanol from any source. Ethanol produced from cellulosic sources, however, offers the potential to reduce greenhouse gas emissions by 80 percent or more. Therefore, we propose a new per gallon production tax credit for cellulosic ethanol, up to a limit of 60 million gallons. This provision was also included in the 2007 energy bill but not enacted into law. Again, this is a necessary boost needed by those pushing the technology toward cellulosic ethanol to ensure that they are able to bring the technology to commercialization. Finally, we propose a new tax credit for plug-in hybrid vehicles, including a tax credit for hybrid conversion kits that can modify current technologies with the latest in battery technology as it is developed. This new tax credit would provide for a base tax credit of $3,000, with up to an additional $2,000 available based upon kilowatt hours of battery power capacity. This tax credit was previously included in the 2007 energy bill but not adopted in the final package. The combination of advanced battery technology and advanced hybrid systems offer tremendous potential for reduction of oil consumption, but tax incentives will be necessary to offset the increased cost to consumers and to achieve widespread acceptance by consumers. These tax credits will accelerate significantly the availability of these new plug-in hybrid vehicles to consumers. Lastly, I want to say something about the offset that we propose. Our amendment specifies that legislation under this reserve fund may include adjustments to the amortization of geological and geophysical expenditures for major integrated oil companies to help pay for the new tax incentives. In 2005, the major oil companies testified that they do not need all of these tax breaks. Adjustment to these tax breaks could provide billions over 5 years--with that investment put into renewable sources of energy instead, I believe we can take significant strides toward reducing our dependence on oil and protecting the environment.

Mr. LEVIN. Mr. President, this budget resolution lays out a fiscally responsible plan with the right priorities, which include job creation, tax breaks for the middle class, and programs that ensure the safety, health, and education of our Nation's children. Our Nation is enduring hard economic times. Congress cannot neglect its responsibility to enact priorities which help our Nation return to a state of economic stability and prosperity. Through this budget, the Senate will set the blueprint for its work to help reverse the current administration's failed fiscal and economic policies. Since 2001, we have lost over 3 million manufacturing jobs nationwide. My home State of Michigan has lost over 250,000 manufacturing-related jobs. The manufacturing industry faces pressure from international corporations that are subsidized by their respective governments; our own government needs to act to keep American manufacturing companies competitive in the global marketplace and competing on a level playing field. That is why I am glad that the Budget Committee included in this resolution my proposal to establish a deficit-neutral reserve fund to promote American manufacturing. Congress needs to act to revitalize our domestic manufacturing sector. The American Manufacturing Initiative, which I announced last year with a number of my colleagues, would help address critical needs in the manufacturing sector by increasing Federal support for research and development; expanding the scope and effectiveness of manufacturing programs across the Federal government; increasing support for the development of alternative fuels and leap-ahead automotive and energy technologies; and creating tax incentives to encourage continued U.S.- based production of advanced technologies and supporting infrastructure. Over the last year, we have been able to give more support to some components of the AMI--primarily increasing authorized funding levels for the Manufacturing Extension Partnership and the Technology Innovation Program and providing significant new funding for defense manufacturing programs--but much more needs to be done. I look forward to continuing to work with my colleagues and the next president to support the manufacturing sector in a meaningful way, and make a wise investment in the long-term growth, health, and stability of the manufacturing industry. I am also pleased that this budget paves the way for a second, much- needed, economic stimulus package. The economic stimulus package that passed in January of this year was a very modest first step toward addressing our economy's problems. Further initiatives such as an extension of unemployment insurance and housing relief are urgently needed and this budget provides $35 billion toward that effort. The continuation of the pay-go rule, which would require any new spending or tax cuts to be paid for elsewhere in the budget unless a supermajority of at least 60 votes in the Senate agrees otherwise, shows that the Senate is committed to reversing the administration's digging into a deeper and deeper ditch of debt. I hope the Senate will live up to this important standard we set for ourselves. This budget resolution will also allow for much-needed tax relief for middle-class families by shielding them from the alternative minimum tax. Congress has long known that this is the only fair thing to do for America's middle-class families, since the tax was never intended to impact them in the first place. I am also pleased that we passed the Baucus amendment to pave the way for extending a number of existing tax cuts that help working families, including a tax credit provided for each child in a family and relief from the joint-filing penalty paid by America's married couples. It also extends estate tax reform at the 2009 level, meaning that married couples would be able to pass on to their beneficiaries estates worth up to $7 million before they become subject to the estate tax. The Baucus amendment also includes fully paid-for tax relief to members of America's military, including a provision allowing combat pay to count toward a refundable federal income tax credit. I am pleased that the Senate adopted the Collins-Levin amendment that sets forth important steps to be taken in the area of energy tax policy. Specifically, our amendment proposes extension of the current production tax credit for biodiesel fuel and the small-producer biodiesel tax credit, both of which will expire at the end of 2008. Many of our small biodiesel producers are already having a hard time now because of the increasing prices of feedstock. Without this tax credit, they may not be able to stay afloat and we could lose these new sources of biodiesel fuels. We cannot afford to do that. We also propose a new production tax credit for cellulosic ethanol, up to a limit of 60 million gallons. Ethanol produced from cellulosic sources offers the potential to reduce greenhouse gas emissions by 80 percent or more. Again, this is a necessary boost needed by those pushing the technology toward cellulosic ethanol to ensure that they are able to bring the technology to commercialization. Finally, we propose a new tax credit for plug-in hybrid vehicles, including a tax credit for hybrid conversion kits that can modify current technologies with the latest in battery technology as it is developed. The combination of advanced battery technology and advanced hybrid systems offer tremendous potential for reduction of oil consumption, but tax incentives will be necessary to offset the increased cost to consumers and to achieve widespread acceptance by consumers. These tax credits will accelerate significantly the availability of these new plug-in hybrid vehicles to consumers. I am also pleased that this budget plan provides for Congress to go after the offshore tax haven and tax shelter abuses that are undermining the integrity of our tax system, and I commend Chairman Conrad and the Budget Committee members for their willingness to address these complicated areas. Cracking down on these abuses is a critical step toward achieving fairness in our tax system. For many years, the Permanent Subcommittee on Investigations, of which I am chairman, has been looking at the problem of offshore corporate, bank, and tax secrecy laws and practices that help taxpayers dodge their U.S. tax obligations by preventing U.S. tax authorities from gaining access to key financial and beneficial ownership information. The subcommittee has also investigated abusive tax shelters, which are complicated transactions that are entered into to provide tax benefits unintended by the Tax Code. They are very different from legitimate, congressionally-approved tax shelters, such as deducting the interest paid on your home mortgage or taking tax credits for historic building preservation. Abusive tax shelters, on the other hand, are marked by one characteristic: no real economic or business rationale other than tax avoidance. We cannot tolerate high- priced accountants, lawyers and banks concocting ways for tax cheats to offload the missing revenue from their unpaid taxes onto the backs of honest taxpayers. That is why I have introduced The Stop Tax Haven Abuse Act, on which I am proud to have as cosponsors Senators Coleman, Obama, Salazar and Whitehouse. This bill provides a powerful set of new tools to clamp down on offshore tax and tax shelter abuses. If Congress addresses these inequities, it would bring in billions of dollars needed to pay for many important national priorities. These priorities are recognized in this budget, including education, children's health care, veterans' medical care, community development block grants, and law enforcement. We can go a long way toward paying for these critical programs by stopping these tax dodges that rob the Treasury of up to $100 billion a year, and shift the tax burden from high income persons and companies who are principal users of offshore tax havens onto the backs of working families who pay their taxes. This budget can provide for ample revenues by shutting them down, which is not only reasonable, but crucial to improving the integrity of our tax system. I applaud Chairman Conrad and the Budget Committee, as well as the Finance Committee and Chairman Baucus and Ranking Member Grassley, for their efforts on this front, and I look forward to working with them and other allies on this issue as we address these problems over the next year. The blueprint set forth in this resolution is worthy of support. It sets us on a course of fiscal responsibility and paves the way for important investments in America's future.

Mr. LEVIN

Mr. LEVIN. Mr. President, we recently marked the 14th anniversary of the enactment of the Brady Handgun Violence Prevention Act. This legislation was a major step in our fight to curb gun violence. According to Centers for Disease Control statistics, since the Brady law went into effect, the number of gun deaths in the United States has dropped 26 percent, from 39,595 in 1993 to 29,569 in 2004. Even more dramatically, the number of gun homicides dropped by more than 38 percent from 17,024 in 1993 to 10,661 in 2004. According to the Brady Campaign to Prevent Gun Violence, the Brady law's requirement that gun purchasers undergo a criminal background check before purchasing a firearm has prevented approximately 1.4 million prohibited purchasers from buying guns from federally licensed gun dealers. By preventing these potentially dangerous individuals from obtaining guns, the law has helped prevent countless tragedies. On this 14-year anniversary, I urge my colleagues to capitalize on the successes of the Brady law by taking up and passing additional gun safety legislation, such as closing the gun show loophole and establishing an assault weapons ban. In a New York Times Op-Ed written March 29, 1991, on the 10th anniversary of the assassination attempt on his life and that of his press secretary, James S. Brady, President Reagan described his incredible ordeal of surviving the shooting and then went on to talk about Jim Brady. President Reagan said: I was lucky. The bullet that hit me bounced off a rib and lodged in my lung, an inch from my heart. It was a very close call. Twice they could not find my pulse. But the bullet's missing my heart, the skill of the doctors and nurses at George Washington University Hospital and the steadfast support of my wife, Nancy, saved my life. Jim Brady, my press secretary, who was standing next to me, wasn't as lucky. A bullet entered the left side of his forehead, near his eye, and passed through the right side of his brain before it exited. The skills of the George Washington University medical team, plus his amazing determination and the grit and spirit of his wife, Sarah, pulled Jim through. His recovery has been remarkable, but he still lives with physical pain every day and must spend much of his time in a wheelchair. Thomas Delahanty, a Washington police officer, took a bullet in his neck. It ricocheted off his spinal cord. Nerve damage to his left arm forced his retirement in November 1981. Tim McCarthy, a Secret Service agent, was shot in the chest and suffered a lacerated liver. He recovered and returned to duty. Still, four lives were changed forever, and all by a Saturday-night special, a cheaply made .22 caliber pistol, purchased in a Dallas pawnshop by a young man with a history of mental disturbance. This nightmare might never have happened if legislation that is before Congress now, the Brady bill, had been law back in 1981. President Reagan was right. The record of prevention of gun sales to potentially dangerous buyers over the past 14 years and the lives saved dramatically demonstrate that and remind us of the wisdom embodied in the Brady law.

Mr. LEVIN

Mr. LEVIN. Mr. President, just this morning, the world learned of the death of Archbishop Paulos Faraj Rahho, who was kidnapped 2 weeks ago following the Way of the Cross ceremony at a church in Mosul. I extend my condolences to the Chaldean community in Iraq and in the United States on the tragic death of one of their church's spiritual leaders. The Chaldean community and those impacted by this tragic death are in the thoughts and prayers of people around the world from all religions. The death of this spiritual leader demonstrates the fragility of the situation in Iraq and the vulnerability of the Chaldean community. I hope the Archbishop's life of integrity and testimony to his faith in God and in his country will serve as an inspiration to the Chaldean community as they move forward in these difficult times. I also hope this tragic death will motivate President Bush to focus more attention on assisting this highly vulnerable community in northern Iraq, particularly as al-qaida shifts much of its operations to the north in search of new victims.

Mr. LEVIN

Mr. LEVIN. Mr. President, for the Committee on Armed Services I report favorably the following nomination lists which were printed in the Records on the dates indicated, and ask unanimous consent, to save the expense of reprinting on the Executive Calendar that these nominations lie at the Secretary's desk for the information of Senators.

Mr. LEVIN

Mr. LEVIN. Mr. President, I recently visited Birch Run High School in Michigan to learn about its biodiesel project. This project is an innovative, forward-thinking endeavor, and I am proud that young people in Michigan are making strides to understand and begin to solve some of our Nation's most pressing concerns. The biodiesel project was initiated in the second semester of the 2007-2008 school year at Birch Run by Mrs. Jan Pollard, a chemistry teacher at the school. Mrs. Pollard was instrumental in helping the school secure the funding necessary to establish this project by approaching officials associated with the Watershed Initiative Network--WIN--grant program. She wrote and submitted a proposal for $10,000 to WIN, which was ultimately approved. The biodiesel project is a part of a comprehensive effort that includes a greenhouse and a bee keeping component. The students currently working on the biodiesel project include Ross Fredenburg, the team leader; Derek Bentley; Ryan Johnson; and Dillon Fredenburg, the apprentice leader for the 2008-2009 school year. These students have completed all the construction work, installed the necessary equipment, and run the project, including all manufacturing and testing of the biodiesel fuel. They obtain, at no cost, used vegetable oil from the school and from local restaurants to convert to biodiesel fuel. The project has produced approximately 200 gallons of biodiesel fuel thus far. By next year, the school expects to be able to provide biodiesel fuel for its entire 26-bus fleet. This exciting project has the support of many in the community, including Birch Run School Superintendent Wayne Wright, Birch Run Principal Mike Baszler and members of the Birch Run School Board. Mrs. Pollard and her students have tirelessly worked on the many aspects of this project. And, most importantly, these students have been provided an excellent opportunity to pursue practical and timely solutions that will benefit the school, the environment, and their community. Indeed, these young people have embarked on an important endeavor. As a Nation, we must increase the diversity of our energy sources and enhance our Nation's energy independence. Biodiesel provides a part of the solution to our energy needs. It has the potential to improve our Nation's energy independence in the near term by replacing some of the oil we import from abroad with homegrown, sustainable biofuels. Utilizing this fuel source could reduce our impact on the environment and slow changes to our climate that will otherwise threaten our future. With this new technology, we could dramatically reduce carbon dioxide emissions and help create jobs as well as spur our economy. I know my colleagues will share my enthusiasm in recognizing everyone affiliated with the biodiesel project at Birch Run High School. I look forward to hearing about their many successes in the future.

Mr. LEVIN

Mr. LEVIN. Mr. President, I am pleased to support S. 2662, the Consumer Product Safety Commission Reform Act. The reforms that this bill makes to the Consumer Product Safety Commission are long overdue. S. 2663 takes important steps to shore up a weak and ineffective Consumer Products Safety Commission, CPSC. As a grandfather and consumer, I am appalled at the lack of resources and enforcement authority of the CPSC and its inability to adequately protect our children, our food supply, and the general public from harmful or contaminated products. We can and should be doing much more to protect the American consumer. As was recently underscored by the alarming number of children's products with high lead content, contaminated pet food, and defective imported tires, there are a lot of cracks in the systems that were supposed to be watching out for consumers. We need to know our children's and grandchildren's toys are safe. We need to know that the food we import is not tainted with harmful chemicals. We need to know the products we buy will not harm us or our children. I believe it is the Government's basic responsibility to protect the public. Those who work for the companies that make these products may often be in a position to detect and prevent serious problems or injuries before they occur. I am pleased that this bill includes important protections for corporate whistleblowers that will encourage employees to come forward about violations and defective products without the fear of retaliation by their employer. Many of the defective and contaminated products are imported. Even with its current limited resources and reach, CPSC recalled approximately 150 tainted products from China in 2007, including tires, toys, baby cribs, candles, bicycles, remote controls, hair dryers, and lamps. Imagine how many more contaminated or defective products are slipping through the cracks and reaching American consumers without being detected. We are being deluged by cheap imports from China and elsewhere. We should at least be making sure the products we import are not contaminated or dangerous. In this vein, last summer I wrote to President Bush requesting that his administration investigate dangerous products that have been imported from China. We need to strengthen our agencies and laws so that products that do not meet our health and safety standards are stopped at our borders. To do this we need to give the CPSC the necessary tools and resources, including more manpower to adequately inspect imports. Like most of my colleagues, I was shocked by CPSC Acting Chair Nancy Nord's claims that no additional funding was needed for her agency. To me this claim implied there was no desire by this administration to do more to protect American consumers. That is absurd given the recent and alarming incidents of contaminated products reaching consumers. The Senate's consideration of S. 2663 and the House passage of a similar bill is proof that Congress strongly disagrees with this point of view and will make the legislative changes needed to give the CPSC the necessary tools to improve on its past poor performance and reassure consumers that there will be more oversight of the marketplace in the future. This bill will increase overall funding for the CPSC by 50 percent over 7 years, increase CPSC staffing to at least 500 employees over the next 5 years, streamline product safety rulemaking procedures, ban lead in children's products and require certification and labeling, increase inspection of imported products so we are not allowing recalled or banned products to cross our borders, increase penalties for violating our product safety laws, strengthen and improve recall procedures, and ban the sale of recalled products. The legislation has the support of the following, among others: Thomas H. Moore, Consumer Product Safety Commissioner; Alliance for Patient Safety; American Academy of Pediatrics; American Association of Law Libraries; American Association of University Professors, AZ Conference; American Library Association; Circumpolar Conservation Union; Coalition for Civil Rights and Democratic Liberties; Consumers Union; Consumer Federation of America; Doctors for Open Government; DoorTech Industries, Inc;. Ethics in Government Group, EGG; Federation of American Scientists; Federal Employees Against Discrimination; Focus On Indiana; Fund for Constitutional Government; Georgians for Open Government; Government Accountability Project; HALT, Inc.--An Organization of Americans for Legal Reform; Health Integrity Project; Information Trust; Integrity International; Kids in Danger; Liberty Coalition; National Consumers League; National Association of State Fire Marshals; National Employment Lawyers Association; National Judicial Conduct and Disability Law Project, Inc.; National Research Center for Women & Families; National Whistleblower Center; No Fear Coalition; OMB Watch; OpenTheGovernment.org; Parentadvocates.org; Patrick Henry Center; Project on Government Oversight; Public Citizen; Public Employees for Environmental Responsibility; Sustainable Energy and Economy Network; Taxpayers Against Fraud; the 3.5.7 Commission; the New Grady Coalition; the Semmelweis Society International, SSI; the Student Health Integrity Project, SHIP; Truckers Justice Center; Union of Concerned Scientists; U.S. Bill of Rights Foundation; U.S. Public Interest Research Group; and Whistleblowers USA. I support this bipartisan legislation and I hope that it will quickly become law.

Mr. LEVIN

Mr. LEVIN. Madam President, Representative Aldo Vagnozzi is a beloved figure in Michigan. He is one of those people who talks the talk, walks the walk, and does both to the great benefit of all of those who are fortunate enough to cross his path. Aldo served in the U.S. Army during World War II as an interpreter in Italy, talking in English and Italian and rising to the rank of sergeant. He took advantage of the GI bill to finish his education at Wayne State University, graduating with a degree in journalism in 1948. That same year, he married Lois Carl, beginning a 50-year marriage. They would raise two daughters and two sons, seven grandchildren, and two great-grandchildren. As editor of several publications, including numerous labor newspapers, Aldo reported on and learned about Michigan's social and political environment and the workings of government. This understanding, along with his knack for making friends, would serve him and the State of Michigan well. Aldo would later serve on the Farmington Hills City Council, the Farmington District School Board, the Farmington Area Parent-Teacher Association, and as the mayor of Farmington Hills. He has been actively involved in numerous community organizations. In 2002, Aldo ran for election to the Michigan House of Representatives. He personally went door-to-door to 15,000 houses, walking over 900 miles including a 5-day, 70-mile walk from Farmington Hills to Lansing. Term limits will keep Aldo from continuing his service in the House of Representatives after his current term ends this year, and he will be deeply missed by his colleagues and his constituents. I salute my friend Aldo Vagnozzi for his years and years of service to Michigan, his indomitable spirit, and his remarkable ability to walk, talk, and sometimes do both while working for the people of Michigan. I have lost track of the retirement parties I have been to for Aldo Vagnozzi. I am confident his next one won't be his last as he moves on to other endeavors.

Mr. LEVIN

Mr. LEVIN. Mr. President, I have been asked about the timing of the colloquy that I entered into with Senators Inouye and Feinstein on December 13, 2007, during consideration of H.R. 6, the Energy Independence and Security Act of 2007. Immediately prior to the vote on cloture, on the motion to concur with an amendment to the House amendment to the Senate amendment to the text of H.R. 6, I was recognized on the Senate floor and requested and obtained consent ``that a colloquy between myself, Senator Inouye and Senator Feinstein be inserted in the record at this point.'' Agreement among the three of us on the content of that colloquy was critical to both my vote for cloture and my later vote for final passage, as I indicated in my own statement prior to final passage that was submitted later in the day. The colloquy between Senator Inouye, Senator Feinstein, and me read in its entirety, as follows: NHTSA Regulations on Fuel Economy Mr. LEVIN. Mr. President, I support this bill and, in particular, the provisions that require the Department of Transportation, through the National Highway Traffic Safety Administration, NHTSA, to set new fuel economy standards for vehicles that will reach an industry fleet wide level of 35 miles per gallon by 2020 based on my understanding that these new Federal standards will not be undercut in the future by regulations issued by the Environmental Protection Agency regulating greenhouse gas emissions from vehicles. I believe that we have taken historic steps in this legislation by putting in place ambitious but achievable fuel economy standards that will reduce our Nation's fuel consumption and greenhouse gas emissions. In this legislation, the Senate and House have come together and established the appropriate level of fuel economy standards and have directed NHTSA to implement that through new regulations. In this legislation, the Congress has agreed that the appropriate level of fuel economy to reach is 35 miles per gallon in 2020, or an increase of 10 miles per gallon in 10 years. But it is essential to manufacturers that they are able to plan on the 35 miles per gallon standard in 2020. We must resolve now with the sponsors of this legislation in the Senate any ambiguity that could arise in the future when EPA issues new rules to regulate greenhouse gas emissions from vehicles pursuant to its authority under the Clean Air Act so that our manufacturers can have certainty. With that in mind, I want to clarify both Senator Inouye's and Senator Feinstein's understanding and interpretation of what the Congress is doing in this legislation and to clarify their agreement that we want all Federal regulations in this area to be consistent. We do not want to enact this legislation today only to find later that we have not been sufficiently diligent to avoid any conflicts in the future. The Environmental Protection Agency has authority under the Clean Air Act to regulate greenhouse gas emissions from vehicles and to delegate that authority, as the agency deems appropriate, to the State of California. This authority was recently upheld by the U.S. Supreme Court, and it is not our purpose today to attempt to change that authority or to undercut the decision of the Supreme Court. We simply want to make clear that it is Congressional intent in this bill that, with respect to regulation of greenhouse gas emissions, any future regulations issued by the Environmental Protection Agency to regulate greenhouse gas emissions from vehicles be consistent with the Department of Transportation's new fuel economy regulations that will reach an industry fleet wide level by 35 miles per gallon by 2020. Does the Senator from California and original sponsor of this legislation, Mrs. Feinstein, agree with my view that the intent of this language is for EPA regulations on greenhouse gas emissions from vehicles to be consistent with the direction of Congress in this 35 miles per gallon in 2020 legislation and consistent with regulations issued by the Department of Transportation to implement this legislation? Mrs. FEINSTEIN. Yes, of course, we have worked hard to come together on this legislation directing NHTSA to issue new fuel economy regulations to reach an industry fleet wide level of 35 miles per gallon by 2020, and it is our intent in the bill before us that all Federal regulations in this area be consistent with our 35 miles per gallon in 2020 language. Mr. LEVIN. I thank the Senator for her clarification of her intent. Does the chairman of the Commerce Committee, the distinguished Senator from Hawaii, Mr. Inouye, agree with my understanding of the intent of this bill that any regulations issued by the Environmental Protection Agency be consistent with the direction of Congress in this legislation and regulations issued by the Department of Transportation to implement this legislation? Mr. INOUYE. Yes. I agree that it is very important that all Federal regulations in this area be consistent and that we provide clear direction to the agency that has responsibility for setting fuel economy standards, the Department of Transportation. Mr. LEVIN. I thank my distinguished colleague from Hawaii, Mr. Inouye, for his clarification. With the colloquy accepted and placed in the Congressional Record, I voted to invoke cloture. Sometime after the vote on cloture, later in the day, a separate colloquy between Senator Feinstein and Senator Inouye was inserted in the Congressional Record. It was placed in the Record immediately following the Levin-Feinstein- Inouye colloquy, quoted above, although it was, in fact, presented for inclusion in the Record at a later point in the day, as noted by Senator Inouye in the second sentence of the Inouye-Feinstein colloquy. Their colloquy reads as follows: Agency Management Mr. INOUYE. Mr. President, I have worked for many months with the Senior Senator from California and the original sponsor of this legislation, Mrs. Feinstein, to draft a sound policy to increase fuel economy standards in our country. I stated earlier today that ``all Federal regulations in this area be consistent.'' I wholly agree with that notion, in that these agencies have two different missions. The Department of Transportation has the responsibility for regulating fuel economy, and should enforce the Ten-in-Ten Fuel Economy Act fully and vigorously to save oil in the automobile fleet. The Environmental Protection Agency has the responsibility to protect public health. These two missions can and should co-exist without one undermining the other. There are numerous examples in the executive branch where two or more agencies share responsibility over a particular issue. The Federal Trade Commission and the Federal Communications Commission both oversee telemarketing practices and the Do-Not-Call list. The FTC also shares jurisdiction over antitrust enforcement with the Department of Justice. Under the current CAFE system, the Department of Transportation and the Environmental Protection Agency work together. DOT enforces the CAFE standards, and the EPA tests vehicles for compliance and fuel economy labels on cars. The President himself foresaw these agencies working together and issued an Executive Order on May 14, 2007, to coordinate the agencies on reducing automotive greenhouse gas emissions. The DOT and the EPA have separate missions that should be executed fully and responsibly. I believe it is important that we ensure that the agencies are properly managed by the executive branch, as has been done with several agencies with shared jurisdiction for decades. I plan on holding hearings next session to examine this issue fully. Mrs. FEINSTEIN. I would like to thank the chairman of the Commerce Committee, and I would like to clarify what I believe to be the intent of the legislation I sponsored to increase fuel economy standards in the United States. The legislation increasing the fuel economy standards of vehicles by 10 miles per gallon over 10 years does not impact the authority to regulate tailpipe emissions of the EPA, California, or other States, under the Clean Air Act. The intent was to give NHTSA the ability to regulate fuel efficiency standards of vehicles, and increase the fleetwide average to at least 35 miles per gallon by 2020. There was no intent in any way, shape, or form to negatively affect, or otherwise restrain, California or any other State's existing or future tailpipe emissions laws, or any future EPA authority on tailpipe emissions. The two issues are separate and distinct. As the Supreme Court correctly observed in Massachusetts v. EPA, the fact ``that DOT sets mileage standards in no way licenses EPA to shirk its environmental responsibilities. EPA has been charged with protecting the public's health and welfare, a statutory obligation wholly independent of DOT's mandate to promote energy efficiency. The two obligations may overlap, but there is no reason to think the two agencies cannot both administer their obligations and yet avoid inconsistency.'' I agree with the Supreme Court's view of consistency. There is no reason to think the two agencies cannot both administer their obligations and yet avoid inconsistency. The U.S. District Court for the Eastern District of California in Central Valley Chrysler-Jeep v. Goldstone has reiterated this point in finding that if approved by EPA, California's standards are not preempted by the Energy Policy Conservation Act. Title I of the Energy Security and Independence Act of 2007, H.R. 6, provides clear direction to the Department of Transportation, in consultation with the Department of Energy and the Environmental Protection Agency, to raise fuel economy standards. By taking this action, Congress is continuing DOT's existing authority to set vehicle fuel economy standards. Importantly, the separate authority and responsibility of the U.S. Environmental Protection Agency to regulate vehicle greenhouse gas emissions under the Clean Air Act is in no manner affected by this legislation as plainly provided for in section 3 of the bill addressing the relationship of H.R. 6 to other laws. I fought for section 3. I have resisted all efforts to add legislative language requiring ``harmonization'' of these EPA and NHTSA standards. This language could have required that EPA standards adopted under section 202 of the Clean Air Act reduce only the air pollution emissions that would already result from NHTSA fuel economy standards, effectively making the NHTSA fuel economy standards a national ceiling for the reduction of pollution. Our legislation does not establish a NHTSA ceiling. It does not mention the Clean Air Act, so we certainly do not intend to strip EPA of its wholly separate mandate to protect the public health and welfare from air pollution. To be clear, Federal standards can avoid inconsistency according to the Supreme Court, while still fulfilling their separate mandates.