Floor Statements

Madam President, I rise today to urge my colleagues to review the findings of the congressionally mandated Research Advisory Committee on Gulf War Veterans' Illnesses. This report, which was released a few weeks ago, confirms what many veterans of the Gulf War, lawmakers, physicians, and researchers have long suspected that the mysterious illnesses suffered by one in four gulf war veterans are real, and are a result of their exposure to neurotoxic chemicals.

It was not long after the successful conclusion of the gulf war that many of our soldiers returned home with multiple persistent symptoms including headaches, memory loss, gastrointestinal problems, and widespread pain. The symptoms were real, yet the cause and effective treatment have remained frustratingly elusive. As a leading member of the Senate Committee on Veterans' Affairs, I pushed hard for oversight hearings and continued research efforts.

Finally, 17 years after the end of that conflict, this report confirms that veterans' neurotoxin and pesticide exposure during the gulf war has been consistently found to be causally associated with gulf war illness. Unfortunately, this report also concludes that few veterans have recovered from their exposure, and treatments remain ineffective. While it is important that the cause of this illness has been established, it is unacceptable for our veterans to continue to suffer from these wounds of war.

In light of the findings of the Research Advisory Committee on Gulf War Veterans' Illnesses, there must be a continued investment in gulf war illness research. It is estimated that 175,000 to 210,000 gulf war veterans are suffering from the effects of neurotoxin exposure directly related to their time spent in the Gulf. Once again, hundreds of thousands of soldiers find themselves back in the area as part of Operation Iraqi Freedom. Therefore, it is vital that we do all that we can to adequately fund gulf war research.

We also need to learn the lesson of the value of candor and research. DOD and VA must be more open with Congress about the concerns facing our troops, from neurotoxin and pesticide exposures in the gulf war to the troubling issue of suicide, mental health issues, and traumatic brain injury, TBI, in the current conflict. We must address all the wounds of war, both visible and invisible, for our veterans who have served so bravely.

Mr. President, I rise today to discuss a very important change that is set to occur all across America on February 17, 2009: The final switch from analog to digital broadcast television called the DTV, or Digital TV, Transition.

In many respects this is not a new issue. The wheels have been in motion on this change since 2005--spurred by the horrible tragedy of September 11th which starkly highlighted our desperate need for a national, interoperable communications network. The transition to digital TV will free up spectrum for public safety use so the national emergency communications network America needs can be put in place.

But there have been serious concerns about our readiness to make the shift to digital TV, and several of my colleagues and I have been raising red flags about them for years now. Not because we believe the change is a mistake, but because we believe that not enough has been done to prepare, to educate, and to help American consumers so that the screens on their television sets do not go black 88 days from now.

What is the change from analog to digital broadcast? Over-the-air broadcasters will send their signal over digital spectrum, not analog spectrum that is currently used. The change won't affect consumers with cable or satellite TV or those who have a converter box for their older analog TV set. And the switch to digital will improve the definition and clarity of the TV picture.

Why are we making this change? Primarily to modernize our airwaves and use the more efficient digital spectrum for a smarter use of our limited spectrum resources for the public good. The change will, again, free up critically needed spectrum so that we can move toward the nationally interoperable public safety communications network we need. It will also allow over-the-air broadcasters to offer new and innovative programming and provide new spectrum for wireless technologies.

The DTV Act was enacted as part of the Deficit Reduction Act of 2005. It directs the Federal Communications Commission, FCC, to require all full power television stations to cease analog broadcasting following February 17, 2009. That day is 88 days from now. What this means--and let me be very clear--is that any consumer with traditional analog televisions--regular TV sets that use an antenna to get a signal--will not be able to watch free, over-the-air television without taking one of three steps to adapt their TV to receive a digital signal. The most common and least expensive way that consumers can adapt their TV will be to buy a digital-to-analog converter box to hook up to their analog television set. While seemingly a highly technical issue to some, this is no small matter to the 10-13 million Americans who might well lose their TV signal on February 18th of next year.

I firmly believe that our Nation is not ready to make this transition without substantially more involvement from every level of government, the entire communications industry, and willing community organizations across America. At present, most experts agree that the transition will unleash a massive amount of consumer confusion. And when people are cut off from their televisions, it is not just a matter of convenience, but it is a matter of public safety. We simply cannot stand by and let people lose access to emergency alerts and public safety communications.

I am especially concerned because this transition is going to hit our most vulnerable citizens--the poor, the elderly, the disabled, and those with language barriers--the hardest. We risk leaving those who are most reliant on over-the-air broadcast television for their contact with the outside world literally in the dark. These consumers are disproportionately rural.

In 2005, the outgoing administration and its proponents decided to leave almost all of the implementation of the transition to the private sector--broadcasters, cable and satellite companies, and consumer electronics retailers. While there are claims that hundreds of millions of private sector dollars have been spent making Americans aware of the DTV transition, it seems that most Americans have no idea what it really is even if they have heard of it. New surveys suggest more consumers are growing aware of the transition, but that consumers remain confused about what steps they need to take to get ready for it. Consumer Reports has found that 63 percent have major misconceptions about what steps they need to take to prepare.

The recent DTV transition test market of Wilmington, NC demonstrated that, even with extraordinary levels of outreach, some still did not know anything about the DTV transition. I would note that Wilmington received far more attention than any market in West Virginia is likely to receive, or any other part of the country for that matter.

Even in the test market, several thousand people called into the FCC for assistance--they could not set up their converter box, they could not receive certain digital signals, or their antennae needed adjustment--just to name a few of the problems. Consumers, especially the elderly and those with limited English proficiency, are going to need help in managing the transition. On February 18, 2009, those thousands of calls will become millions.

There is no question the transition to DTV could have and should have been far better managed and far better planned. But at this point, we must focus on fixing it, not laying blame.

Last night, I asked unanimous consent for the Senate to take up S. 3663, the Short-term Analog Flash and Emergency Readiness Act, as amended. This piece of legislation will help make sure those consumers who fail to make the DTV transition by February 17, 2009 are not left without access to emergency information. This bill will also allow those consumers to understand what steps they need to take in order to restore their television signals by allowing an analog signal to continue to be broadcast in each regional market for an additional 30 days past February 17th.

Let me be clear: This bill is far from a silver bullet that will fix all the problems associated with the transition.

I can assure my colleagues that the new Democratic leadership in Congress and the White House is committed to protecting the American consumer. Over the next few months, I will work with my colleagues on a more comprehensive plan of action to make sure millions of Americans receive the support and assistance they need to make this transition.

Mr. President, Labor Day is our opportunity to celebrate the millions of American workers who have given, and continue to give, so much of themselves to make our Nation great. I am happy to have had the opportunity to celebrate this Labor Day in Racine, WV, with many old friends. Today, on the holiday especially devoted to the social and economic achievements of the American workforce. I would like to thank all of the miners, teachers, nurses, service technicians, firefighters, police, repairmen, and all those who dedicate their lives to making their communities and their country a better place. As summer is winding down and children are preparing to go back to school, we should all take a moment to appreciate what working Americans do for us.

Honest, hard-working people, with the core American values of faith and family, are what make West Virginia such a wonderful place to live and call home. Miners work long shifts, miles under the ground, often in tight spaces with frigid water up to their knees, to get the coal that provides 50 percent of our Nation's electricity. Yet people rarely think of that when they flip on the light switch. Teachers spend much of their own personal time preparing lesson plans and finding creative ways to teach our next generation. They always go above and beyond the call of duty for their students. Those in public service work day in and day out to get Social Security checks processed and in the mail on time, to manage tax returns, or to deliver basic health services to our citizens. I applaud each and every one of these Americans.

I am glad Congress succeeded, finally, this year in raising the minimum wage to $6.55, to help our working families. Increasing the minimum wage so it is a living wage is something I have advocated since 1998, and now all of our workers will get the increase they need and deserve to help make ends meet in this struggling economy. This Labor Day I am especially aware of the need to change the direction of our country and that has to start with turning around our economy. It is unfair for hard-working Americans to have to deal with stagnant wages and rising costs for gas, food, and health care with no help. The minimum wage will continue to rise until it reaches $7.25 in 2009.

These workers are the heart and soul of West Virginia. Opportunities do not come easily to them. They work hard every day to get the things they need for their families--gas, school supplies, and maybe new sneakers or a pair of jeans for the next school year. Before the rise of unions, we did not enjoy a 40-hour work week, the benefits of Social Security, or the right to organize. But West Virginians always fought for the American dream. They have a high regard for quality and strive for excellence in everything that they do. In an unfortunate Forbes survey, West Virginia was listed as one of the least desirable states in which to do business. But that is only because some companies do not yet know the men and women that make up West Virginia's workforce; they do not realize that West Virginia's future and potential is about more than just coal. They do not see the small business owners, the nurses and doctors, the educators, the entrepreneurs, the manufacturers, and artists who keep our State moving and make it so special. They must not have heard that companies from all over the world such as DuPont, Union Carbide, and Phone Poulenc have put plants in West Virginia and tapped into our dedicated work force. Northrop Grumman, MPL Corporation, Orrick, Herrington, and Sutcliffe, that's the real West Virginia--with a bright future fueled by all its abundant resources, the most precious of which are the men and women of our workforce. Our Toyota plant is the fastest growing plant in the history of Toyota Motor Company. It has been named the plant with the most productive workers in all of North America 5 years in a row. This is a testament to West Virginia employees' unmatched work ethic.

As we celebrate Labor Day, we need to remember that it is the commitment and diligence of our workers that makes us great. We as West Virginians are fighters, always have been, always will be, but even fighters need a day off. West Virginians have earned a day of rest.

Mr. President, I rise today, at this difficult moment in the history of our Nation, as a proud Senator from West Virginia--a State whose people know a thing or two about working hard, playing by the rules, and protecting and defending the American dream in the face of adversity. They believe in looking out for one another, and they deserve just that in return from their Government.

For some time now, many West Virginia families have been besieged by rising gas prices and increased food and utility bills. Already strained paychecks are being stretched to the limit, and families are increasingly finding

themselves on shaky ground. They know they are one illness, one lost job, one accident away from falling into a deep hole. People are worried that they are going to lose their homes, they are watching their property values decrease as neighbors face foreclosure, and they are fearful that this will be the week their job gets cut or their retirement plan goes under. This anxiety is not just being felt by those who make the minimum wage, it is being felt by everyone in every corner of my State. People are angry, and I share that anger.

I have spent my entire career fighting for West Virginians to have a voice and to make sure they don't get the short end of the stick. The Putnam County factory worker who relies on their job at the plant, the St. Marys High School student who is dreaming of attending college to be a teacher, and the thousands of homeowners across the state who are entitled to real peace of mind knowing that the house they have been paying for every month like clockwork for 20 years will not be taken from them.

As our financial markets have deteriorated, banks have collapsed and credit has begun drying up. Small businesses have had a tougher time accessing capital to operate and keep workers employed. Even prominent American companies such as GE, GM, and Caterpillar are beginning to feel this credit crunch. That means less investing in the future, fewer plants opening, and--what I fear most--massive layoffs, long unemployment lines, and a real run on the banks.

Just yesterday I was contacted by the president of a midsized West Virginia manufacturing company that is feeling the pain of this financial crisis. Because of the credit crunch, his customers can't get the capital to purchase his products, cutting in to his company's sales. Monday's huge drop in the stock market, after the House failed to pass a rescue bill, caused his employees' 401(k) plans to lose a full year's worth of value in one day. That means his employees would have to work one additional year in order to recover the value in their retirement plan.

We all knew the economy was weakening but the magnitude of this crisis--watching our financial system crumble--has been shocking. The full impact of this disaster is not yet known, but it is safe to say this is the most troubling series of financial events I have seen in my lifetime.

In response to this crisis, the President sent the Congress a request for a $700 billion blank check--with no details on how the money would be spent, no oversight, no regulations for greedy Wall Street bankers, and most importantly no protections for taxpayers.

With my colleagues on both sides of the aisle, I have been working to determine the best way forward. I have considered the situation and the options very carefully. I have consulted experts in West Virginia and elsewhere, and I have concluded that what we face is extremely serious; and if we do not take action now, the impact on West Virginia families will be devastating.

We should not be in this situation. The lack of regulation or warning by the Bush administration is reprehensible, but the challenge is very serious and we must face it together head on. There is no guarantee that a rescue plan will stop the bleeding, but we must try.

From the beginning, I made it very clear that I would only support a rescue plan that looked out for the needs of people on Main Street and for the taxpayers who work to keep this country strong. The rescue plan we have agreed to is designed to help West Virginians get some of the financial help and tax relief they need and will need in the difficult months ahead. The plan is not perfect and we must do more--but it is an important step.

Six key pieces of the legislation were critical for my support:

First, the bill mandates that taxpayers share in any future profits in order to recoup their funding if at all possible.

The legislation gives the Treasury Department the authority to take warrants or equity in companies that participate, effectively acquiring stock in the company. The warrants help reduce the risk to the taxpayers. If the price the government pays for the assets is low and the banks end up benefiting, the government would own a share of that benefit. If the government is unable to recover the money spent by Treasury after five years, the President must submit a plan to recover the shortfall from the financial services industry.

Second, the bill establishes an oversight board and an independent Inspector General who will watch over the day-to-day operations of the Treasury from the inside out.

I joined some of my Senate colleagues led by the distinguished chairman of the Senate Finance Committee, Max Baucus, in calling for this IG. The American people deserve the advocacy of a tough, independent IG who wakes up every morning with one mission in mind: to track the work of the Treasury--in the greatest detail possible--in order to hold the officials executing this plan accountable and protect taxpayer dollars.

Third, the bill limits executive pay for failed CEOs who abused the public trust, and for continuing or future CEOs whose companies participate in the Government rescue.

It was recently reported that Wall Street's five biggest firms paid more than $3 billion in the last 5 years to their top executives while they presided over the sale of the subprime loans and securities that brought down our financial markets. This is offensive and immoral. These are taxpayer dollars--the American people's money--and we cannot allow this to continue.

The legislation limits CEOs and corporate executives from leaving companies they drove into bankruptcy with ``golden parachutes''-- especially with taxpayer dollars. The bill cuts the current tax deduction on executive pay in half and then charges a 20 percent excise tax on any company that gives excessive compensation packages. These restrictions were hard fought, and in my view not enough, but if some companies or executives find a loophole and try to take advantage of taxpayer dollars here, I assure you we will clamp down even further.

Fourth, the bill provides relief to homeowners who have been caught up in the current mortgage crisis and are trying to save their homes.

The bill starts to address the root of this financial crisis-- foreclosures--not by giving a pass to individuals who took out loans they could not afford, but by allowing the Government to renegotiate mortgage terms. Two million more foreclosures are projected in the next year and it is in everyone's interest to bring that number down, keeping more families in their homes and paying off their debts.

Fifth, the bill raises the FDIC insurance limit temporarily to $250,000, providing more liquidity to banks and addressing the current crisis of confidence, which is causing people to pull their money out of their banks and contributing to the credit crunch.

This is especially important to small businesses which employ over 50 percent of our private work force in West Virginia and which rely on banks to loan them the necessary capital to make payroll, stock their shelves, and invest in new projects and jobs.

Sixth and lastly, the bill includes very substantial tax relief, so that working Americans also get the financial help they need in this time of crisis.

Now 24 million families who can't afford a higher tax bill--including 86 thousand in West Virginia--will be protected from the Alternative Minimum Tax. The parents of almost 80,000 West Virginia children will now qualify for an even better child tax credit, and families will get help with college costs. Teachers who put out money from their own pocket to buy school supplies will get a deduction to help pay them back, and companies will get a boost to do more research and development and create new jobs.

And very importantly--for a secure future on all fronts--the bill puts into law a whole host of energy and clean coal provisions: $5 billion for renewable energy, $1.5 billion for clean coal facilities, $1.2 billion for the Black Lung Trust Fund, and an incentive for the steel industry fuel, a $20 credit for carbon sequestration, and more protection for our coal miners with increased investment in mine rescue teams and state-of-the-art mine safety equipment.

As a Governor of West Virginia during the early 1980s, I saw the crippling

and damaging effects that the recession had on the people of my state. I don't want to see our industries fail, thousands of people lose their jobs, or the kind of fear, uncertainty, and hopelessness that defined those times.

Nothing matters more to me than helping West Virginia families hold on to their life savings, their jobs, their homes, their retirement, and their hopes for the future.

Failure to act will severely hurt West Virginia families and that is a risk I am not willing to take.

I also want to be clear that there are likely more tough times ahead. This plan is intended to prevent an economic catastrophe, but it alone will not put us on the path to prosperity.

We still must turn our attention to broader economic recovery, from healthcare, to increased wages, to expanded job opportunities, to major public infrastructure investments, to restoring fairness to our tax system so that the middle class can once again prosper.

The people of West Virginia deserve lasting solutions and I will fight every day to make sure this happens.

timber tax provisions

Mr. President, I wish today to congratulate Larry G. Salyers on his years of service as the manager of Tri-State Airport. Larry's hard work and continuous efforts have greatly enhanced this important regional airport as well as the community it serves. I am honored to have served with him and to share his story with you today.

In December 1975, Larry began working at the airport as Director of Operations and Security. He exhibited extraordinary dedication and hard work and, in March 1980 he was promoted to assistant airport manager. In 1981, he was named acting manager and by May 1982 he was appointed as the airport manager.

Under Larry's leadership, the airport has experienced many positive changes. He has overseen numerous structural renovations in Tri-State's terminal design and the conditions of the runways. At present, the airport is in the process of a major runway extension which will allow Tri-State to continue its reputation for excellence for many years to come. Larry has also diligently worked to ensure that the airport has the best maintenance vehicles and equipment possible.

Throughout his long service, Larry has seen Tri-State Airport through some of the aviation industry's hardest times. He has seen the deregulation of the industry which left many small communities across the country with significantly diminished air service. The September 11 terrorist attacks also had enormous repercussions throughout the aviation business as many airlines went into bankruptcy and new security measures were required at all the Nation's airports. Tri- State, like many small airports across the country, is often the first to feel the pain during trying times for the aviation industry and the last to recover. Despite these challenges, Larry was able to successfully keep everything going, and I am pleased to say that in recent years, Tri-State Airport has seen significant financial and passenger growth. Between 2006 and 2007, passenger traffic increased by 62 percent, and the airport is currently producing its highest boarding numbers in over 13 years. Much of this success can be directly contributed to Larry's efforts to bring Allegiants Air's low-fare flights to the airport. This accomplishment has helped Tri-State Airport to contribute roughly $50 million annually to the local economy.

The hard work and dedication of Larry Salyers personifies the attitude of America and the true nature of West Virginians. When he retires, he will have left Tri-State Airport and the region around the city of Huntington better than it was when he first began his career there over 33 years ago.

Let me assure the Senator that I am very well aware of the numerous and considerable contributions that have been made by the law firm of Martin and Seibert L.C. over the past century. The grandfather of one of the firm's current top partners, Clarence E. Martin III, was an American original. The first Clarence E. Martin was what one might call ``the real deal.'' Not only an astonishing legal mind, he was also a pioneer, a leader, and was knighted by two Popes for his service to the church and community, a tradition that has been carried on by subsequent members of the firm. Clarence E. Martin not only founded Martin and Seibert L.C., but was one of only two West Virginians, and the only practicing West Virginia lawyer ever, to serve as president of the American Bar Association, ABA, from 1932 to 1933.

Martin and Seibert L.C. has grown surely and steadily over the past century. Clarence Martin founded the firm along with Cleveland M. Seibert. These two men brought national attention to West Virginia, and the solid foundation they built for Martin & Seibert, L.C. remains evident today. The firm constantly strives to provide both the best possible service for its clients, and responsible leadership for its community.

Mr. President, I rise today to voice my support for the Resource Family Recruitment and Retention Act of 2008, which was introduced on September 16, 2008, by my good friend Senator Blanche Lincoln of Arkansas. This is an important piece of legislation, and I am proud to be an original cosponsor.

I have long been a member of the Congressional Coalition on Adoption and worked in a bipartisan manner to support adoptive and foster parents and children. In 1997, I strongly advocated for the passage of the Adoption and Safe Families Act which has made a significant difference in the lives of vulnerable children. Since the implementation of the Adoption and Safe Families Act, the number of children adopted out of foster care has more than doubled. In West Virginia alone, more than 3,600 children have been adopted out of the West Virginia foster care system. This is a real victory for these children who deserve the love and comfort of a safe, permanent home.

However, with more than 500,000 children still in foster care, it is clear that more needs to be done. This is why I was so pleased when the Senate passed the Fostering Connections to Success and Increasing Adoptions Act by unanimous consent. This legislation will provide additional support for grandparents and other relatives who provide a safe home for children in foster care. Additionally, this legislation will allow states to continue to assist older foster children, those who are 18, 19, 20, or 21 years old, so that these children aging out of the system do not have to choose between pursuing an education or working to prevent becoming homeless. I believe that this legislation is another step towards the ultimate goal of each child having a safe, permanent home.

Senator Lincoln's legislation would also help bring us closer to this goal. A study conducted in 2005 by the U.S. Department of Health and Human Services found that one in five foster homes leaves the system each year. One-fifth of the foster parent population provides 60 to 80 percent of all foster care. Foster parents sacrifice in tremendous ways to provide a home for vulnerable children. The Resource Family Recruitment and Retention Act would support their efforts by awarding grants to States to improve the leadership, support, training, recruitment, and retention of foster care, kinship care, and adoptive parents.

It is my hope that organizations and individuals such as Mr. Dennis Sutton of the Children's Home Society of West Virginia, who has worked tirelessly in his effort to secure a home for all of West Virginia's vulnerable children, will have the financial support to find and retain enough foster parents to make this goal a reality. Foster and adoptive parents will greatly benefit from the Resource Family Recruitment and Retention Act, but the big winners will be the children who are placed loving homes. We need to invest and focus on these families.

Mr. President, I rise today to introduce the Short- term Analog Flash and Emergency Readiness Act. This simple piece of legislation will help make sure those consumers who fail to make the transition to Digital Television, DTV, by February 17, 2009 are not left without access to emergency information. This bill will also allow those consumers to understand what steps they need to take in order to restore their television signals.

I voted against the Deficit Reduction Act of 2005, which directs that on February 18, 2009, over-the-air full-power television broadcasts, which are currently provided by television stations in both analog and digital formats, will become digital only. I voted against this bill in both the Commerce Committee and during its consideration by the full Senate because it failed to address the core policy questions of the implementation of the transition to DTV. Specifically, it did not adequately address the minimization of consumer disruption and the establishment a national interoperable communications network with the analog spectrum that broadcasters were vacating. I was one of only three ``No'' votes in Committee.

When the Commerce Committee passed its portion of the Deficit Reduction Act of 2005, the then-Republican majority on the Committee did not want to spend significant resources on the DTV transition to minimize consumer disruption. Nor, did they want to spend any resources on building a national interoperable public safety communications network. The only thing that mattered to Republicans in 2005 was generating sufficient money to meet our budget reconciliation instructions. Because the Committee failed to set forth coherent policy objectives in 2005, consumers and our Nation's first responders will bear the brunt of that failure.

I believe that many have forgotten why we moved forward with the DTV transition. It was to free up much needed spectrum to create a national interoperable public safety communications network. I know the people of West Virginia strongly support their first responders and would have gladly accepted that transition to make sure that in times of crisis our local police, fire, and emergency response teams could communicate. Instead, the DTV transition has been sold as nothing more than having a better television picture. That is unfortunate because we are making this transition to address a critical public safety need--one identified by the 9/11 Commission.

Unfortunately, the Federal Communications Commission still has not devised a plan to establish this national public safety communications network. The spectrum has been auctioned and the big wireless companies have secured their futures. But our nation's first responders, which should have been this Administration's first priority, are not much closer to achieving interoperable communications.

As my good friend FCC Commissioner Michael Copps has stated, ``the question of public safety is . . . the first obligation of the public servant.'' In a

more perfect world, our nation's first responders would already have access to an interoperable and fully-funded broadband network that makes use of dedicated public safety spectrum. We are still a long way from developing this network for public safety, and that is something of which we all should be ashamed. If we fail to establish this network quickly and in a manner that works for the public safety community, I am afraid we may have lost the opportunity forever.

This Administration has failed consumers as well. In 2005, Congress left almost all of the implementation of the transition to the private sector--broadcasters, cable and satellite companies, and consumer electronics retailers. Although well-heeled industries state that they have devoted hundreds of millions of dollars to making Americans aware of the DTV transition, I am not sure that it is going to minimize the disruption.

The recent DTV transition test market of Wilmington, North Carolina demonstrated that, even with extraordinary levels of outreach, some did not know about the DTV transition. I would note that Wilmington received far more attention than any market in West Virginia is likely to receive, or any other part of the country for that matter.

Even if a consumer was aware of the DTV transition, several thousand people called into the FCC for assistance--they could not set up their box, they could not receive certain digital signals, or their antennae needed adjustment, to name just a few of the problems. Consumers, especially the elderly and those with limited English proficiency, are going to need help in managing the transition.

Among its many shortcomings, the DTV Act did not require the Federal agencies charged with administering the transition to develop a program to assist consumers with attaching the converter boxes to their sets. By contrast, in the United Kingdom, there is an assistance program, known as ``Help Scheme,'' that will assist a many as 7 million households with selecting, installing, and using DTV equipment.

Unfortunately, in the remaining time before the transition, we are not going to be able to replicate the United Kingdom's consumer assistance plan. But, we may be able to take small steps that can help consumers.

My legislation is one such step. It simply allows the FCC to permit analog television signals to be broadcast for thirty days after the transition so that, at a minimum, one station in a market can send a signal explaining what has happened to a consumer's television signal and how to restore that signal. Far more importantly, it will allow the broadcast of emergency information so that people are aware of impending storms, floods, or other emergencies.

This was done in the Wilmington television market and people found it to be beneficial. A hurricane almost hit Wilmington around the time of its DTV transition. Because it was a test market, the government would have had the luxury of postponing the transition if a hurricane struck the region. On February 18, 2009, Americans left in the dark will not have that luxury. They would not know if a Nor'easter is on its way, or catastrophic flooding is occurring, or if a terrorist has once again truck our Nation.

We cannot let that happen. We must pass this legislation before we adjourn for the year.

Mr. President, I rise today to introduce the Short- term Analog Flash and Emergency Readiness Act. This simple piece of legislation will help make sure those consumers who fail to make the transition to Digital Television, DTV, by February 17, 2009 are not left without access to emergency information. This bill will also allow those consumers to understand what steps they need to take in order to restore their television signals.

I voted against the Deficit Reduction Act of 2005, which directs that on February 18, 2009, over-the-air full-power television broadcasts, which are currently provided by television stations in both analog and digital formats, will become digital only. I voted against this bill in both the Commerce Committee and during its consideration by the full Senate because it failed to address the core policy questions of the implementation of the transition to DTV. Specifically, it did not adequately address the minimization of consumer disruption and the establishment a national interoperable communications network with the analog spectrum that broadcasters were vacating. I was one of only three ``No'' votes in Committee.

When the Commerce Committee passed its portion of the Deficit Reduction Act of 2005, the then-Republican majority on the Committee did not want to spend significant resources on the DTV transition to minimize consumer disruption. Nor, did they want to spend any resources on building a national interoperable public safety communications network. The only thing that mattered to Republicans in 2005 was generating sufficient money to meet our budget reconciliation instructions. Because the Committee failed to set forth coherent policy objectives in 2005, consumers and our Nation's first responders will bear the brunt of that failure.

I believe that many have forgotten why we moved forward with the DTV transition. It was to free up much needed spectrum to create a national interoperable public safety communications network. I know the people of West Virginia strongly support their first responders and would have gladly accepted that transition to make sure that in times of crisis our local police, fire, and emergency response teams could communicate. Instead, the DTV transition has been sold as nothing more than having a better television picture. That is unfortunate because we are making this transition to address a critical public safety need--one identified by the 9/11 Commission.

Unfortunately, the Federal Communications Commission still has not devised a plan to establish this national public safety communications network. The spectrum has been auctioned and the big wireless companies have secured their futures. But our nation's first responders, which should have been this Administration's first priority, are not much closer to achieving interoperable communications.

As my good friend FCC Commissioner Michael Copps has stated, ``the question of public safety is . . . the first obligation of the public servant.'' In a

more perfect world, our nation's first responders would already have access to an interoperable and fully-funded broadband network that makes use of dedicated public safety spectrum. We are still a long way from developing this network for public safety, and that is something of which we all should be ashamed. If we fail to establish this network quickly and in a manner that works for the public safety community, I am afraid we may have lost the opportunity forever.

This Administration has failed consumers as well. In 2005, Congress left almost all of the implementation of the transition to the private sector--broadcasters, cable and satellite companies, and consumer electronics retailers. Although well-heeled industries state that they have devoted hundreds of millions of dollars to making Americans aware of the DTV transition, I am not sure that it is going to minimize the disruption.

The recent DTV transition test market of Wilmington, North Carolina demonstrated that, even with extraordinary levels of outreach, some did not know about the DTV transition. I would note that Wilmington received far more attention than any market in West Virginia is likely to receive, or any other part of the country for that matter.

Even if a consumer was aware of the DTV transition, several thousand people called into the FCC for assistance--they could not set up their box, they could not receive certain digital signals, or their antennae needed adjustment, to name just a few of the problems. Consumers, especially the elderly and those with limited English proficiency, are going to need help in managing the transition.

Among its many shortcomings, the DTV Act did not require the Federal agencies charged with administering the transition to develop a program to assist consumers with attaching the converter boxes to their sets. By contrast, in the United Kingdom, there is an assistance program, known as ``Help Scheme,'' that will assist a many as 7 million households with selecting, installing, and using DTV equipment.

Unfortunately, in the remaining time before the transition, we are not going to be able to replicate the United Kingdom's consumer assistance plan. But, we may be able to take small steps that can help consumers.

My legislation is one such step. It simply allows the FCC to permit analog television signals to be broadcast for thirty days after the transition so that, at a minimum, one station in a market can send a signal explaining what has happened to a consumer's television signal and how to restore that signal. Far more importantly, it will allow the broadcast of emergency information so that people are aware of impending storms, floods, or other emergencies.

This was done in the Wilmington television market and people found it to be beneficial. A hurricane almost hit Wilmington around the time of its DTV transition. Because it was a test market, the government would have had the luxury of postponing the transition if a hurricane struck the region. On February 18, 2009, Americans left in the dark will not have that luxury. They would not know if a Nor'easter is on its way, or catastrophic flooding is occurring, or if a terrorist has once again truck our Nation.

We cannot let that happen. We must pass this legislation before we adjourn for the year.

Mr. President, today I am pleased to submit, along with Senator Bennett, a resolution supporting National Cyber Security Awareness Month.

The connectivity provided by the Internet has profoundly changed almost every aspect of our lives, but it has also given rise to what I view as the next great threat to our national security and our economic security, the danger of cyber attack, cyber espionage, and cyber crime.

At the policy level, responding to this threat requires the development of advanced technologies combined with creative new Government policies. Above all, we need to focus on improving the cyber security of the Federal Government and the critical infrastructure, including our electric power grid, communications, banking, and transportation systems. These are all critical to our way of life and we must work together to ensure they are secure.

Of course, whatever we do to monitor and thwart bad actors on the Internet, we must be careful to preserve the privacy and civil liberties of U.S. persons, especially during the transition from a legal structure based on older technologies to a legal structure designed for the Internet age.

We must also think about the best way to communicate our national cyber security policy to the public. Though some elements of the threat and our response must be kept classified, the public needs to understand the general nature of the threat we face, the Government's responsibility to secure the internet, and how Government involvement will affect U.S. persons and privacy.

Fortunately, I am happy to report an increasing level of interest and debate on Capitol Hill and around the country. Here in Washington, in the past year, the Senate Intelligence Committee has held two hearings and many Member briefings, setup a working group with seven staff, sponsored two Technical Advisory Group studies, and worked with other congressional committees in a bipartisan manner on cyber issues.

Back home in West Virginia, at our State Homeland Security Summit, we held a productive session focused on cyber security for State and local leaders. I have taken on this issue as a priority of increasing importance, but much work remains to be done. I encourage everyone to help me raise awareness and develop effective channels of communication on this issue.

One of the ways we can raise awareness is by supporting National Cyber Security Awareness Month, coming up in October. Each year, the National Cyber Security Division of the Department of Homeland Security joins with the National Cyber Security Alliance, the Multi-State Information Sharing and Analysis Center, and other organizations working to improve cyber security in the U.S. to support National Cyber Security Awareness Month.

The goal is to educate and empower Internet users to take simple steps to safeguard themselves from the latest online threats and respond to cyber crime; and to bring Federal agencies, national organizations, businesses, and educational institutions together to encourage development and implementation of cyber security best practices.

I thank my distinguished colleague, Senator Bennett, for cosponsoring this resolution and for his leadership on this issue. I look forward to working with Senator Bennett and other members of Congress to improve our cyber security in the future.

Mr. President, I am pleased to support the Renewable Energy and Job Creation Act of 2008, which includes a provision that extends a credit under section 45 of the Tax Code to ``steel industry fuel.'' Steel industry fuel is a feedstock for the production of coke that is important to our Nation because it provides significant energy, environmental, economic, and financial benefits.

The energy and environmental benefits include utilizing a high Btu content hazardous waste in a fuel product that is created using a process that has been approved by the Environmental Protection Agency. The use of steel industry fuel makes our domestic steel industry economically more competitive by lowering production and operational costs. This in turn provides national defense benefits from a stronger domestic manufacturing base. It also provides financial benefits to steel company employees and retirees who all gain from a more competitive steel industry.

The addition of steel industry fuel to the section 45 credit is intended to promote the use of the steel industry fuel process to manufacture a feedstock for the production of coke that recaptures the Btu content of ``coal waste sludge.'' Coal waste sludge is the tar decanter sludge and other byproducts of the coking process. These materials have generally been treated as hazardous wastes under applicable Federal environmental rules (and in the past have been stored in the ground and in lagoons). Coal waste sludge has an energy content ranging from 7,000 Btus to 16,000 Btus per pound.

Coal waste sludge can generally be disposed of by one of several methods--use as part of a fuel product, steel industry fuel, incineration, or foreign land-filling. The most favorable method, from an energy resource and environmental perspective, is to use a process that liquefies the coal waste sludge and combines the liquefied coal waste sludge with coal to create steel industry fuel for use as a fuel product in steel producers' coke batteries. This method recaptures the significant energy content of the coal waste sludge and can be performed onsite at the steel producers' coke operations. The disposal of coal waste sludge in this manner has been approved by the Environmental Protection Agency. See 50 Federal Register No. 120, June 22, 1992.

The alternative methods of disposal are to transport the coal waste sludge offsite for incineration or to foreign countries for landfilling. Offsite disposal has significant drawbacks, including the need to physically convey a hazardous waste, which is a dangerous, cumbersome, and expensive undertaking, and the failure to recapture the energy content of the coal waste sludge if it is incinerated or landfilled in a foreign country. Incineration of coal waste sludge also requires the utilization of energy resources to burn up another energy resource, the coal waste sludge.

Steel industry fuel is produced using a facility that liquefies and distributes on each ton of coal approximately one-quarter to one-half gallon of coal waste sludge. Liquefied coal waste sludge in these amounts avoids operational and equipment problems with the coke batteries that use steel industry fuel as a feedstock to produce coke. An excessive amount of coal waste sludge in the coke battery causes adverse and irreparable damage to the coke battery. Steel industry fuel facilities include a facility that is comprised of one or more batch tanks and/or one or more storage tanks, steam and spray pipes, processing pumps, variable speed drives, a flowmeter, and related electrical equipment.

Explanation of Credit: The refined coal credit for steel industry fuel in the act is intended to provide an incentive for the expanded production of steel industry fuel. This expanded production is intended to provide energy and environmental benefits by promoting the use of an alternative fuel that recaptures the energy content of a byproduct of the coking process, coal waste sludge, which would otherwise be treated as a hazardous waste. Accordingly, a credit is provided for the barrel- of-oil-equivalent production of steel industry fuel. The steel industry fuel provision the Senate approved would modify the current credit under section 45 with regard to the amount of the credit and the time period for the availability of the credit. This is necessary to differentiate the refined coal product that becomes steel industry fuel from the refined coal product currently eligible for a credit under section 45. Without the distinctions passed in this legislation, steel industry fuel would continue to be denied the tax treatment that will enable the steel industry to continue to produce coke domestically and prevent having to bury toxic waste into landfills.

To reflect differences between the refined coal currently eligible for a credit and refined coal credit that is steel industry fuel, such as higher coal costs for the metallurgical coal used to manufacture steel industry fuel, the steel industry fuel provision modifies Section 45 with regard to the amount of the credit, the placed in service period, the credit period, and other items.

The steel industry fuel provision in the act is drafted to provide greater certainty to steel industry fuel producers that their fuel production is eligible for the credit by providing specific definitions for both ``steel industry fuel'' and ``coal waste sludge.'' This greater specificity is designed to attract the outside investment that is needed to finance steel industry fuel projects and expand the use of the steel industry fuel process.

Mr. President, today I would like to talk about the history of adoption and child welfare policy and the importance of the Fostering Connections to Success and Increasing Adoptions Act of 2008 which passed in wrap-up on Monday, September 22, 2008.

First, I want to commend Chairman Baucus and Senator Grassley and their professional staffs who have done incredible work to forge a consensus and develop this bold package. Subcommittee Chairman McDermott and Congressman Weller and their staffs showed the same leadership and commitment in the House. It was a privilege to be part of the process. This is a strong package with extraordinary broad-based support from the adoption community, child advocates, and even State groups. That consensus was essential to move the legislation and act on behalf of vulnerable children in foster care.

This strong bipartisan, bicameral package will help promote adoption, support guardianship, and improve the outcomes in foster care. The package and the process build on the legacy of the 1997 Adoption and Safe Families Act. In 1997, a bipartisan group came together and developed legislation that started the adoption incentive program, an initiative that spurred genuine change in the child welfare system

including doubling the number of adoptions from foster care over the decade. This means that 443,000 children from foster care have a permanent home and a family, and 3,600 are West Virginia children. A family and a permanent home makes all the difference for a child. The 1997 act also changed the reasonable efforts provisions to restore balance and help focus on the best interest of a child, and providing a safe, stable and permanent home.

The Fostering Connections to Success and Increasing Adoptions Act of 2008 is a historic initiative to further promote adoption and permanency for children. It will eliminate, over time, the outdated connection between adoption assistance eligibility with the broken Aid To Families with Dependent Children, AFDC, a program that was terminated in 1996. The new Adoption Assistance Program is phased in over 10 years, starting with the oldest children or children who have been in care for over 5 years. The package also updates the adoption incentive program.

The bill gives States the option to invest in relative guardianship, a program that was tested and found very successful during the child welfare waivers. Children in relative placement tend to move less and get better reports from the teachers. The package also makes a special investment to promote the promising kinship navigator program to provide support and referrals to the millions of grandparents and relatives raising their kin. It provides new tools and direction to locate relatives as possible care providers. This is an important option that will lead to more permanency for children.

The bill also requires States to do more on educational stability and directs that each child has a coordinated health plan that includes dental and mental health care. This is fundamental for each child. To help staff do a better job serving children, the bill also invests in training programs.

The legislation will also invest in the more than 20,000 young people who age out of foster care, each year. First, it requires that the youth have full support in developing a transition plan 90 days before leaving care. It is not right or appropriate for a foster teen to leave care and move into a homeless shelter. The legislation also encourages States to extend foster care beyond the age of 18 if the young person is engaged in education, job training, employment, or has a disability that prevents such engagement. Young people need and deserve support, and we know that it makes a positive difference.

Finally, for the first time, thanks to Chairman Baucus' leadership, the Tribes and Tribal organization will have the option of direct access to Federal foster care to serve Native American children directly.

Many of the provisions in this package, particularly improvements in adoption assistance, have been among my priorities for years. It is exciting to work with colleagues on a success, and it will be even more rewarding to work on its implementation for children and families in West Virginia and nationwide.

Madam President, today I honor the town of Spencer, WV, which is celebrating its 150th anniversary. Spencer is a town with a long, rich history that is proudly considered by some as West Virginia's largest small city. It is located centrally in West Virginia and is filled with lots of character and many wonderful people. And I am proud stand here today to brag about this town's fine citizens and share their story.

Even from the earliest days, the people of Spencer have been tough, resourceful, and committed to making good lives for their families. The history of the great town of Spencer began in 1812 when the first settlers, Samuel Tanner and Jonathan Wolfe, sought shelter for their families in a large cave. The area was so beautiful that others decided to make it their home as well. As more settlers gathered, the town evolved. The town's name was changed from Tanner's Cross Road to Cassville and then to New California when a settler stopped by on his way to California.

In 1858, the town was officially chartered by the Virginia General Assembly and renamed Spencer, reportedly in honor of Judge Spencer Roane. Today we celebrate that official charter and recognize all those who made Spencer what it is today, and those who will help fulfill its future promise.

Spencer currently has a population of nearly 2,300. These residents have really made their home a warm, special place to live and visit. And they're proud of the events and activities that help define their beloved town and honor its history. Presently, Spencer hosts a variety of outdoor events that draw hundreds of people each year. The Black Walnut Festival is filled with exciting attractions--from baking contests and car shows, to grand parades and golf tournaments. The Tour de Lake brings mountain bike racers from all over the State to compete at the scenic Charles Fork Lake. These events, coupled only with the warmth of its people, make Spencer a place people want to visit time and again.

Spencer is an extraordinary town that embodies the greatness and uniqueness of rural America. Its long history and diverse attractions and its terrific, one-of-a-kind people represent the very best of our Mountain State. I hope I have given my colleagues and the rest of our nation just a glimpse of our little town of Spencer--which is big and great in so many ways.

Mr. President, today I honor Tommy L. Harbour, a fellow West Virginian from Milton. He is a shining example of the self sacrifice and willingness to serve that is an important part of the culture of West Virginia. I am privileged to represent him and share his story with you today.

Tommy Harbour proudly served his country during World War II. He joined the Coast Guard on July 5, 1943, where he was assigned to the USS Bayfield and served on the landing craft PA33-4. During the invasion of Normandy, Mr. Harbour's landing craft first helped reinforce Omaha Beach with soldiers before making several more landings on Utah Beach under constant gunfire from several fortified German positions. After the European campaign was over, Tommy continued to serve in the Pacific Theater. He and his fellow soldiers played crucial roles in the invasion of Iwo Jima and the invasion of Okinawa in 1945.

Following the war, Tommy Harbour was honorably discharged on May 27, 1946, when he returned home to Milton, WV. Tommy went on to once again answer the call of duty, serving as the mayor of Milton for 17 years. During his time as mayor, Tommy showed strong commitment to helping those he served. Mr. Harbour had a reputation for thoroughly examining the issues before him and ensuring the best possible course of action was taken. As mayor, Tommy was approachable and always willing to listen to people's thoughts and concerns. The enhancements he helped orchestrate, such as flood protection and improving the police department, will be attributes to Milton for years to come.

Tommy Harbour is an outstanding American and a true West Virginian. He is a perfect model of the impact one man can have. Mr. Harbour has lived a life of service, always giving and never asking for anything in return. This story of his bravery and willingness to serve his community is a great example of the accomplishments we are all capable of and I hope it has inspired my fellow colleagues and individuals nationwide.

Mr. President, today I honor the love and commitment exhibited by two of my fellow West Virginians, Jeff and Amy Dunford of Spanishburg, my 2008 nominees as West Virginia's Angels in Adoption. I have participated in this program by the Congressional Caucus on Adoption since its inception, and I am proud to talk about this year's West Virginia family.

In 2003, Jeff and Amy made the wonderful decision to become foster parents. They, like many caring West Virginia families, opened up their home and created a loving environment for children in need of such a place.

The Dunfords started with a sibling group, and by the spring of 2005, the Dunfords have successfully adopted three children, all the while continuing to provide both a short-term and long-term home for additional foster children. In fact, it was not long after the adoption process was completed that another sibling group was placed in the Dunford home. These three boys, all under the age of 3, would also be adopted by the Dunfords.

Being a foster and adoptive family always has its challenges, as well as its unique rewards. Taking care of young children often means sleepless nights, unexpected emergency room visits, and countless parent-teacher conferences. They were also faced with situations unique to foster families, including biological parent visits and counseling sessions. Through it all, the Dunfords faced these challenges with love and determination and now six children have a permanent and loving home.

Today, the Dunford family consists of Jeff and Amy, Jeremy, Walter, Holly, Richard, Greg, and Christopher. Jeff and Amy continue to be active in the foster care system, providing assistance with recruitment and training.

Jeff and Amy are a testament to the wonderful men and women involved in foster care and adoption services. Throughout my Senate career and as a member of the Congressional Coalition on Adoption, I have worked hard in a bipartisan manner to expand and support adoptive and foster parents. Over the years, progress has been made, and since the 1997 Adoption and Safe Family Act which I fought for, adoptions for foster care have doubled--a true sign of success. But with over 100,000 children still in foster care and waiting to be adopted, there is more to do.

This year, I am working with a bipartisan coalition to expand the adoption incentives program, improve adoption assistance and on programs enhancing foster care. As important as policy can be, the true heroes are the parents like the Dunfords, who have selflessly opened up their home to vulnerable children. I hope their story, and the stories of all this year's Angels in Adoption, will inspire my colleagues and families nationwide to promote adoption and other supports for vulnerable children.