Floor Statements

Mr. President, it is my understanding the Senator from Arizona does desire to object to this unanimous consent proposal and could not be here on the floor, so on his behalf, I do object.

Madam President, I rise today to speak about a tremendous event that happened in the Senate, and that is that the Senate today confirmed my good friend, Randy Smith, to be a judge on the Ninth Circuit.

Madam President, today really is the conclusion of a sometimes unnecessarily long and difficult process for the confirmation of Judge Smith. Judge Smith was originally nominated by the President back on December 16, 2005, for a seat on the Ninth Circuit Court of Appeals that was vacated when Idaho Judge Stephen Trott took senior status.

Earlier this year, through negotiations with the White House, Judge Smith was renominated to a different Idaho seat on the Ninth Circuit that had been vacated when Judge Thomas Nelson took senior status.

Since 1996, Judge Smith has served as district judge for the Sixth Judicial District of Idaho. Judge Smith earned his undergraduate and law degrees from Brigham Young University. Throughout his career, both in private practice and as a judge, Judge Smith has continued to be a student and teacher of the law. He taught courses in business law and tax law at Brigham Young and later at Boise State University. Since 1993 he has served on the faculty at Idaho State University teaching legal environment and business law.

Prior to becoming a judge, Randy Smith spent more than 15 years in private practice, gaining significant experience before both State and Federal courts. He is a member of the bar of the U.S. Supreme Court, the Ninth Circuit Court of Appeals, U.S. District Court for the State of Idaho, U.S. Tax Court, the Idaho Supreme Court, and all of the other courts of the State of Idaho.

In addition to his current position as district judge in Idaho, Judge Smith also serves from time to time as pro tem justice on the Idaho Supreme Court, as a judge on the Idaho Court of Appeals, also, and as a temporary judge in district courts throughout the State of Idaho. He literally handles approximately 100 Federal and State civil cases each year.

In 2004, Judge Smith received the George C. Granata, Jr., Award presented by the Idaho State judiciary in recognition of demonstrated professionalism as an Idaho trial judge, and for motivating and inspiring his colleagues on the bench by his character and actions. In 2002, he received the Outstanding Service Award from the Idaho State Board of Commissioners. Judge Smith is also a member of the board of directors and is a past president of the Idaho State Civic Symphony.

The American Bar Association has given him its unanimous ``well qualified'' rating for his nomination to the Ninth Circuit.

It is my honor today to personally congratulate Judge Smith. As I said, he is a personal friend. I have known him for years and have watched him give service to the people of the State of Idaho of the highest caliber. He has shown himself to have the principles and values to be the kind of judge that America needs. He understands that we need a conservative understanding and interpretation of the U.S. Constitution, and that the role of a judge is interpretation of the law, not creation of the law. He understands the value that comes from having solid adherence to the principles of our Constitution as issues are adjudicated. He will be a tremendous new asset and addition to the Ninth Circuit Court of Appeals.

As I said at the outset, this has been a long, sometimes very unnecessarily burdensome and difficult process to get his nomination to the floor. I am sure that the strength he will bring to the Ninth Circuit was shown by the vote of confidence given to him today, a unanimous vote by the Senators present, 94 to 0, confirming him to be the next judge on the Ninth Circuit Court of Appeals.

This is a tremendous day for Randy Smith, but it is also a tremendous day for the Ninth Circuit Court of Appeals, the people who live in that circuit, and, frankly, for the people of America.

Madam President, I yield the floor, and I suggest the absence of a quorum.

Mr. President, I rise today to speak to a global competitiveness amendment to H.J. Res. 20 and to call attention to the challenges facing U.S. financial markets. The first half of the amendment highlights findings from two recent reports that the U.S. is already losing ground in the key areas of global initial public offerings, IPOs, and over-the-counter, OTC, derivatives. The second half of the amendment expresses the sense of the Senate about what steps should be taken to bolster the competitiveness of this essential sector of the U.S. economy.

IPOs are critical to our economy because when a company goes public, it creates capital--and that means jobs and investment opportunities with great potential payoffs. The risk-taking exemplified by IPOs is in the most important sense the critical fuel of a market economy. OTC derivatives play a critical role in our economy, assisting investors to more precisely match their investments to their risk preferences, and helping companies to manage or hedge their risks. Additionally, these instruments provide liquidity to financial markets and reduce volatility by helping to diversify and distribute risk. At the same time the OTC derivatives industry attracts highly skilled professionals who, by virtue of the demand created by their talents, have the potential to contribute significantly to an area's tax base.

Together, IPOs and OTC derivatives contribute to a robust and dynamic capital market which is a tremendously beneficial force for our economy and an empowerment to our citizens. It is critical to ensuring economic growth, job creation, low costs of capital, innovation, entrepreneurship, and a strong tax base in key areas of the country. The U.S. financial sector acts as a catalyst for all other sectors in the U.S. economy. That is why the decline in global initial public offerings in the United States, and the fact that London already enjoys clear leadership in the fast growing OTC derivatives market, are such worrying trends.

Fortunately, academics, business leaders, and politicians are working together to study this issue. They have identified several specific problems that hinder the competitiveness of the U.S. capital markets and have issued reports outlining possible solutions. Chaired by former White House economic adviser Glenn Hubbard and former Goldman Sachs president John Thornton, the Committee on Capital Markets Regulation was formed in September 2006 and issued its preliminary report in November 2006. Mr. Schumer of New York along with New York Mayor Bloomberg released the McKinsey Report on New York Competitiveness in January 2007 outlining regulatory, legal, and accounting changes they say are necessary to maintain the city's status as a leading global financial center.

Both reports add considerably to the understanding of the challenges that American capital markets face and

offer solutions that could help American markets, companies, and workers to better compete.

According to the Committee on Capital Markets Regulation:

A key measure of competitiveness, one particularly relevant

to the growth of new jobs, is where new equity is being

raised--that is, in which market initial public offerings

(IPOs) are being done. The trend in so-called ``global'' IPOs

i.e., IPOs done outside a company's home country, provides

evidence of a decline in the U.S. competitive position. As

measured by value of IPOs, the U.S. share declined from 50

percent in 2000 to 5 percent in 2005. Measured by number of

IPOs, the decline is from 37 percent in 2000 to 10 percent in

2005.

According to the McKinsey Report on New York Competitiveness:

London already enjoys clear leadership in the fast-growing

and innovative over-the-counter (OTC) derivatives market.

This is significant because of the trading flow that

surrounds derivatives markets and because of the innovation

these markets drive, both of which are key competitive

factors for financial centers. Dealers and investors

increasingly see derivatives and cash markets as

interchangeable and are therefore combining trading

operations for both products. Indeed, the derivatives markets

can be more liquid than the underlying cash markets.

Therefore, as London takes the global lead in derivatives,

America's competitiveness in both cash and derivatives flow

trading is at risk, as is its position as a center for

financial innovation.

The challenge we are facing is that the U.S. capital markets are losing their competitive edge in intensifying global competition. A shrinking proportion of international companies are listing shares on U.S. stock exchanges and the fast-growing OTC derivatives market are growing more rapidly elsewhere.

This amendment welcomes these reports and encourages Congress and the administration to begin to vet and consider their recommendations.

(1) Congress, the President, regulators, industry leaders, and other stakeholders should carefully review the Interim Report of the Committee on Capital Markets Regulation, published in November 2006, and the McKinsey Report on New York Competitiveness, published in January 2007, and take the necessary steps to reclaim the preeminent position of the United States in the financial services industry.

(2) The Federal and State financial regulatory agencies should, to the maximum extent possible, coordinate activities on significant policy matters, so as not to impose regulations that may have adverse unintended consequences on innovativeness with respect to financial products, instruments, and services, or that impose regulatory costs that are disproportionate to their benefits, and, at the same time, ensure that the regulatory framework overseeing the U.S. capital markets continues to promote and protect the interests of investors in those markets.

(3) Given the complexity of the financial services marketplace today, Congress should exercise vigorous oversight over Federal regulatory and statutory requirements affecting the financial services industry and consumers, with the goal of eliminating excessive regulation and problematic implementation of existing laws and regulations.

I urge my colleagues to join me in supporting this amendment.

Mr. President, one of the marks of a successful government official is his or her ability to bridge the gap between the public and the agency in order to foster a positive and productive relationship that benefits the public good. Someone who not only accomplishes this, but takes this principle to a level of excellence, is nothing short of exceptional. A fellow Idahoan, Pat Takasugi, is just such an individual. Pat retired from the Idaho State Department of Agriculture on December 31, 2006, serving as its director for the past 10 years, under three governors. A third-generation farmer from Wilder, ID, Pat promoted excellence in Idaho agriculture on multiple fronts for a decade: foreign trade, conservation, regulation, compliance, inter- agribusiness partnerships, and beneficial relationships among producers, processors, consumers, and international partners.

Pat served his country with distinction even before leading the Idaho Department of Agriculture. He attained the rank of captain in the Army and served as a Green Beret A-team commander in the Special Forces.

Pat's knowledge of agriculture is rooted deeply in his family and, as a grower of alfalfa seed, onions, wheat, pea seed, and garden bean seed, he has a well-rounded sense of Idaho crops and the conditions and processes necessary for success. It is a fact that agriculture in Idaho and in the United States is a complex and highly interdependent system. All parts, from regulations to funding to common practices to the actual production on the ground, must work in concert in order to keep our food supply safe and efficient, and our agri-businesses thriving. Pat understands these multifaceted relationships on a systemic level; this strength lent itself to superior leadership and accomplishment in his role as director.

Regulations pose particular challenges to any commodity system; Pat met these challenges headon, pushing for a commonsense, financially feasible regulatory system. He created a Customer Assisted Inspection Program for fruits and vegetables. He moved the Weights and Measures Bureau to computerized inspection forms. He streamlined the pesticide applicator licensing process. He increased education on the proper use and application of pesticides; and he was instrument, in drafting a Memorandum of Understanding among EPA, Idaho DEQ, and industry to deal with regulatory compliance of confined animal operations including feedlots and dairies. Compliance goes hand in hand with regulations: Pat worked to improve chemigation site and equipment inspections.

Agriculture today is responding in positive and responsible ways to the environment. Pat led the way in many efforts to help Idaho agriculture respond to environmental concerns, including better identification of ground water pollutants and response strategies, increasing collections of unused pesticides, successfully fighting both Eurasian Milfoil and noxious weeds and improving the smoke management program, including local outreach to affected communities.

Throughout, Pat worked to promote Idaho agriculture products by initiating the ``Idaho Preferred'' marketing program. He also consistently worked to protect Idaho's agriculture producers by creating a seed fund to mirror the Commodity Indemnity Fund and improving the Warehouse Control Program. Finally, he emphasized protection of Idaho's food industry by creating the Idaho Food Quality Assurance Lab and working to isolate the potato cyst nematode outbreak and reassure our trading partners that Idaho produce remains dependably safe. Others recognized his expertise and vision. He served as president of the National Association of State Directors of Agriculture; chairman of several national committees supporting the State's commodity indemnity fund, foreign market development and agriculture research. He served as cochair of NASDA's Warehouse Task Force, a member of USDA's Agricultural Air Quality Task Force, and cochair of the US-Canada Provincial State Advisory Group.

Undoubtedly, Pat recognizes the importance of foreign markets to Idaho agriculture. He was particularly supportive of market development overseas, participating in several foreign trade missions and several commodity groups.

I especially appreciate Pat's commitment to including multiple stakeholders during agriculture policy formulation and review. He reached out to national organizations, State, and industry leaders in Idaho and the tribes to promote partnerships that aimed to solve rather than perpetuate challenges to successful agriculture in Idaho. Pat's community outreach efforts included support of the Access Yes Program to allow sportsmen and women on to private land and the creation of a user-friendly public Web site for the Department.

Pat handled challenges such as the detection of brucellosis in Idaho livestock, grass-burning issues, and the bankruptcy of the ABT alfalfa seed company with strong leadership and deft crisis management.

Pat will be sorely missed, and his boots impossible to fill. I am honored to have worked with such a remarkable individual over the years and wish him well as he, in his own words, goes home and ``starts walking fields and driving tractors--doing what real people do.'' Idaho agriculture will always bear the indelible mark of Pat's legacy.

Mr. President, today I join millions of people across our Nation to commemorate Black History Month.

Black History Month is a time to honor those heroes of the past and present who have played pivotal roles in African American history. During this month, we celebrate the lives of these extraordinary individuals and pay tribute to their many sacrifices and great accomplishments in strengthening the diverse cultural history we have in America. We are especially reminded during this month to renew our commitment to ensuring equality and justice for all Americans.

Black History Month was originally established as Negro History Week, later known as Black History Week, in 1926 by Dr. Carter G. Woodson, a son of former slaves who became the second African American to earn a Ph.D. from Harvard University. Woodson chose the second week in February in remembrance of the birthdays of two prominent individuals in the history of African Americans--President Abraham Lincoln, who promulgated the Emancipation Proclamation, and Frederick Douglass, one of the most renowned black abolitionists. In 1976, Black History Week was officially expanded to a month-long celebration--Black History Month, or African-American History Month.

Since 1926, the Association for the Study of Afro-American Life and History, ASALH, has established the national theme for Black History Month. This year's theme is ``From Slavery to Freedom: The Story of Africans in the Americas.'' Long after slavery was abolished, people of African descent struggled for the basic rights afforded American citizens. This year's theme brings to light this quest for equality and freedom during the age of emancipation, when Africans throughout the Americas were emerging from the bonds of slavery to take their rightful place in society. The path was not an easy one--independence and liberty remained elusive for many. Yet through the work of visible leaders and heroes and those individuals who quietly persevered, we see great achievements in the African-American experience--triumph that went hand in hand with some of the greatest struggles and most severe obstacles.

In Idaho, many individuals have continued Woodson's vision to educate and inform our communities about the great contributions of African Americans. For over 85 years, Idaho's National Association for the Advancement of Colored People, NAACP--comprised of some of Idaho's finest citizens and humanitarians--has served as a leader for promoting cultural diversity and awareness in our state.

I also commend the work at the Idaho Black History Museum. Established in 1995, this museum is the only one of its kind in the Pacific Northwest. Through its exhibits and community outreach programs such as lectures, workshops, literacy courses, and musical performances, the Idaho Black History Museum successfully fosters a deeper understanding of cultural diversity in the State of Idaho.

Honoring Mamie Oliver

Today, I join with the Idaho Black History Museum in honoring a special Idahoan--Dr. Mamie Oliver--for her outstanding record of achievement and efforts on behalf of Idaho's communities. A historian, professor, and community leader, Dr. Oliver truly embodies what Black History Month is all about.

When Mamie Oliver accepted a position at Boise State University in 1972, she became Idaho's first African-American professor. At Boise State, Dr. Oliver and her students completed foundational research on African-American history in Idaho, launching the early development of what was previously untold history.

Dr. Oliver was influential in getting the St. Paul Baptist Church building on the Historical Register. The church, established in 1909, was one of two African-American churches in Idaho and is now the home of the Idaho Black History Museum. Together with her husband and fellow community leader, Dr. H. Lincoln Oliver, Ph.D., B.D., she sought to meet the needs of the less fortunate in the community by founding the Treasure Valley Council for Church and Social Action 25 years ago.

For her remarkable service, Dr. Oliver was recognized as a Distinguished Citizen by the Idaho Statesman and as one of the ten Outstanding Women in Idaho by the Boise March of Dimes. Dr. Oliver was selected for the Jefferson Award for Outstanding Public Service Benefiting Local Communities by the American Institute for Public Services and received the 2004 Women of Today and Tomorrow Award from the Girl Scouts of Silver Sage Council (Boise).

Dr. Oliver was appointed by Governor Evans to chair the first Martin Luther King, Jr., Task Force and by Governor Kempthorne to serve two terms on the Governor's Coordinating Council for Families and Children.

Dr. Oliver and her late husband, Dr. Lincoln Oliver, have two adult children and two grandchildren. Currently, she teaches at Northwest Nazarene University in Nampa, ID.

We in Idaho are proud to have individuals such as Dr. Mamie Oliver in our community. It is through the dedication of people like Dr. Oliver that we realize as a Nation our strengths and are empowered by what is integrally part of our American history and brought to the forefront this February--Black History Month.

Our Nation has made great strides in putting civil and human rights challenges behind us. But we must be ever vigilant in pursuing the fundamental principles of equality and justice and in continuing the legacy that so many individuals have worked so hard to achieve. In Congress, one of our most important duties is to protect these core personal freedoms that we as American citizens enjoy.

Mr. President, I am pleased to reintroduce a bill today with my colleague, Senator Craig to formally convey title a portion of the American Falls Reservoir District from the Bureau of Reclamation to the National Park Service in our home State of Idaho.

The Minidoka Internment National Monument Draft General Management Plan and Environment Impact Statement proposes, the transfer of these two publicly owned parcels of land, which are both within and adjacent to the existing 73-acre NPS boundary, and have been identified as important for inclusion as part of the Monument. The sites were both within the original 33,000-acre Minidoka Relocation Center that was operated by the War Relocation Authority, where approximately 13,500 Japanese and Japanese Americans were held from 1942 through 1945.

The smaller 2.31-acre parcel is located in the center of the monument in the old warehouse area and includes three historical buildings and other important cultural features. The Draft General Management Plan proposes to use this site for visitor services, including a Visitor Contact Station within an original warehouse to greet visitors and provide orientation for the monument. The other, a 7.87-acre parcel, is on the east end of the monument and was undeveloped during WWII. The NPS proposes to use this area for special events and to provide a site for the development of a memorial for the Issei, first-generation Japanese immigrants. These two publicly-owned properties are critical for long-term development, visitor services, and protection and preservation of historical structures and features at Minidoka Internment National Monument.

I would like to add that this legislation was developed with and is strongly supported by both the agencies involved and the local communities. I ask my colleagues to join me in enacting this small land transfer that we might move a step closer toward properly memorializing an important, but often forgotten, chapter of our Nation's history.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I am pleased to reintroduce a bill today with my colleague, Senator Craig to formally convey title a portion of the American Falls Reservoir District from the Bureau of Reclamation to the National Park Service in our home State of Idaho.

The Minidoka Internment National Monument Draft General Management Plan and Environment Impact Statement proposes, the transfer of these two publicly owned parcels of land, which are both within and adjacent to the existing 73-acre NPS boundary, and have been identified as important for inclusion as part of the Monument. The sites were both within the original 33,000-acre Minidoka Relocation Center that was operated by the War Relocation Authority, where approximately 13,500 Japanese and Japanese Americans were held from 1942 through 1945.

The smaller 2.31-acre parcel is located in the center of the monument in the old warehouse area and includes three historical buildings and other important cultural features. The Draft General Management Plan proposes to use this site for visitor services, including a Visitor Contact Station within an original warehouse to greet visitors and provide orientation for the monument. The other, a 7.87-acre parcel, is on the east end of the monument and was undeveloped during WWII. The NPS proposes to use this area for special events and to provide a site for the development of a memorial for the Issei, first-generation Japanese immigrants. These two publicly-owned properties are critical for long-term development, visitor services, and protection and preservation of historical structures and features at Minidoka Internment National Monument.

I would like to add that this legislation was developed with and is strongly supported by both the agencies involved and the local communities. I ask my colleagues to join me in enacting this small land transfer that we might move a step closer toward properly memorializing an important, but often forgotten, chapter of our Nation's history.

I ask unanimous consent that the text of the bill be printed in the Record.

Madam President, I will take 5 minutes or less to speak on a matter of importance, in terms of the process we are following as we consider the Small Business and Work Opportunity Act.

The concern I raise is regarding compensation-related tax increases that came out of the Senate Committee on Finance as part of this package.

The Small Business and Work Opportunity Act includes $8.3 billion worth of business tax reductions that are paid for with offsetting tax increases. Two of these tax increases relating to the tax treatment of compensation are brandnew proposals that have never been examined by either the Committee on Finance or the full Senate. In fact, the legislative language was not even available when H.R. 2 was brought to the Senate.

The concern I have about the process is this: Almost half of the business tax cuts in the package we are considering are extensions of current tax law provisions that Congress has previously passed with broad bipartisan support without offsetting tax increases.

I understand the desire to offset the cost of new tax policies, but I am concerned about increasing taxes on individuals and employers to offset extensions of current policy. Mandatory spending programs, which are the real source of budgetary pressure, are automatically extended every year. These automatic extensions are not paid for because they represent extensions of current law. The same standard should apply to current tax policy.

We will engage in a debate over the pay-as-you-go budget requirements when a pay-go proposal is submitted to the Senate. Until that time, I urge my colleagues, we should not raise taxes to offset current tax law, particularly if the tax increase proposals have never been vetted. Making major changes to the tax law without full examination of the policy proposals will lead to unintended consequences and create real burdens on many of the employers that this bill seeks to help.

I will point out a few of the concerns these new proposals do raise that, as I said, were not raised in the Committee on Finance as we did not have time to review them carefully.

One of the proposals, the new limits on deferred compensation, limits the amount of compensation an employee can save in a nonqualified deferred compensation plan or an NQDC plan. I know we are getting into acronyms and some of the complications of the code, but these things have real consequences in the business of our country. I have several significant concerns with this proposal which were not addressed during the Committee on Finance consideration of the bill.

First, the proposal does not target executives. NQDC plans benefit a wide range of workers, including nonmanagerial employees. The Committee on Finance proposal affects all employees in the plan, not just executives. As a result, the proposal would limit the amount that mid- level workers can set aside for retirement, attacking one of the objectives that we in America need to be paying strong attention to, the ability of Americans to begin saving assets for retirement.

Second, the proposal does not target multimillion dollar salaries-- again, one of the justifications for the proposal. It is said that this is the million-dollar salary provision. Yet the cap on annual deferrals is set at the lesser of $1 million or a 5-year average of past compensation. This could have negative consequences on employees at a much lower salary level.

For example, consider a nonmanagerial employee who worked at a manufacturing plant for 13 years at an average salary of $60,000 over the past 5 years. In the process of downsizing, this employee may be offered a severance package that includes 1 year of health benefits plus 2 years of severance pay for every year on the job. A severance package of this size would add up to $141,000 paid over a number of years. The present value of this package--in other words, the value stream of the payments in today's dollars--is $125,000. Since the employee is bound by a $60,000 cap on deferrals, this severance would be taxed and hit with a 20-percent tax penalty. This is hardly the result we would want.

This proposal does nothing to create parity in compensation between executives and rank-and-file workers and, in fact, does not limit the amount that executives can be paid as, again, is the stated intention behind the inclusion of this proposal in the bill. It simply requires them to pay taxes on their compensation sooner rather than later. Yet it has that unintended consequence that we often speak so much about in the Senate of reaching much more broadly than the payment of high salaries to the high-paid executives and hitting the mid-level managers in the businesses around our country who will pay tax penalties because we did not take the time to pay close attention to the kinds of provisions contained in the bill.

All of us have been contacted by those in the country who are concerned about this, organizations such as the American Bankers Association, the American Benefits Council, the American Council of Life Insurers, the Association for Advanced Life Underwriting, the ERISA Industry Committee, FEI's Committee on Benefit Finance, FEI's Committee on Taxation, the HR Policy Association, the National Association of Manufacturers, the Securities Industry and Financial Markets Association, the Financial Services Roundtable, and, of course, the U.S. Chamber of Commerce. These groups which represent businesses of all sizes around the country, which seek to provide benefits and support for their employees, are asking us to pay attention to the process by which we put proposals of this kind into the Tax Code without the kind of due deliberation they deserve.

Hopefully, during the process of the consideration of this bill, we will have

an opportunity to correct these unintended consequences and make sure that the midlevel managers and others who are involved in NQDC plans-- nonqualified deferred compensation plans--do not face these tax penalties we never intended them to face.

I thank the Chair.

Mr. President, as modern communication makes our world increasingly smaller, linking global societies at unprecedented business, government and social levels, it is critical that America and other democracies worldwide engage in a process of ongoing co-education about the efforts and work of democratic governments. This educational exchange is best facilitated by hands-on learning and personal experience. A terrific example of this effort is the Uni-Capitol Washington Internship Programme, in which outstanding college students from seven of Australia's top universities compete for the opportunity to serve as interns for Members of the U.S. Congress. In its eighth year, the program has facilitated internships for 68 Australian students thus far.

I am fortunate to be able to participate this year. Charis Tierney from Brisbane, Queensland, has been a wonderful addition to my office this winter. She says of this opportunity:

The UCWIP has been a once in a lifetime to not only observe

but participate in the work of the U.S. Congress. Working

within Senator Crapo's office has given me the kind of unique

appreciation for the United States Senate's work that can

only be gained from behind the scenes. My daily interaction

with the fantastic staff of the Senator's office has only

enhanced the experience.

I offer my congratulations to Director Eric Federing and his wife Daphne for their support and dedication of this important educational program. The additional activities such as visits to historic sites, meetings with other government agencies and outside organizations and special events helps enhance the experience for these promising young women and men. The Federings' commitment to comprehensive bilateral civic education has made it possible for students like Charis to take their experiences here in the legislative branch of the U.S. Government back to Australia and apply lessons learned as they pursue their own course of study across a wide range of academic pursuits.

This valuable program bridges the 9,000 miles that separate the United States and Australia with the friendship of shared experiences and realization and application of common goals and interests.

Mr. President, today I introduce the Improving No Child Left Behind (INCLB) Act. As a father and a legislator, I am committed to advocating for public education in Idaho and throughout the Nation. Ensuring that every child receives a good education is one of my top priorities. President Bush's sweeping education reforms included in the No Child Left Behind Act have had measurable positive effects on many students across the country, and I support the law's objective of ensuring that every child achieves his or her potential.

However, five years after passage of the law, it is now appropriate to review opportunities for needed improvements to the underlying program. After conferring with a number of organizations in Idaho and at the national level, I have identified implementation concerns that seem common to various stakeholder groups. In response, I have created the INCLB Act. This bill contains a number of workable, common-

sense modifications to the law. These provisions preserve the major focus on student achievement and accountability and, at the same time, ensure that schools and school districts are accurately and fairly assessed. The act ensures that local schools and districts have more flexibility and control in educating our Nation's children. The goal of the act is expressed in its name: to improve No Child Left Behind.

The bill does a number of things: INCLB would allow supplemental services like tutoring to be offered to students sooner than they are currently available; INCLB would provide flexibility for States to use additional types of assessment models for measuring student progress; INCLB grants states more flexibility in assessing students with disabilities; INCLB would ensure more fair and accurate assessments of Limited English Proficiency (LEP) students; INCLB would create a student testing participation range, providing flexibility for uncontrollable variations in student attendance; INCLB would allow schools to target resources to those student populations who need the most attention by applying sanctions only when the same student group fails to make adequate progress in the same subject for two consecutive years; and INCLB would ensure that students are counted properly and accurately in assessment and reporting systems.

Taken together, these provisions reflect a realistic assessment of both the strengths and weaknesses of No Child Left Behind. While there may be many issues that divide us, our responsibility in education is clear. We must promote successful, meaningful public education for our children. The INCLB Act will ensure that NCLB continues to be an avenue to success for educators and students throughout Idaho and the Nation.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I introduce the Improving No Child Left Behind (INCLB) Act. As a father and a legislator, I am committed to advocating for public education in Idaho and throughout the Nation. Ensuring that every child receives a good education is one of my top priorities. President Bush's sweeping education reforms included in the No Child Left Behind Act have had measurable positive effects on many students across the country, and I support the law's objective of ensuring that every child achieves his or her potential.

However, five years after passage of the law, it is now appropriate to review opportunities for needed improvements to the underlying program. After conferring with a number of organizations in Idaho and at the national level, I have identified implementation concerns that seem common to various stakeholder groups. In response, I have created the INCLB Act. This bill contains a number of workable, common-

sense modifications to the law. These provisions preserve the major focus on student achievement and accountability and, at the same time, ensure that schools and school districts are accurately and fairly assessed. The act ensures that local schools and districts have more flexibility and control in educating our Nation's children. The goal of the act is expressed in its name: to improve No Child Left Behind.

The bill does a number of things: INCLB would allow supplemental services like tutoring to be offered to students sooner than they are currently available; INCLB would provide flexibility for States to use additional types of assessment models for measuring student progress; INCLB grants states more flexibility in assessing students with disabilities; INCLB would ensure more fair and accurate assessments of Limited English Proficiency (LEP) students; INCLB would create a student testing participation range, providing flexibility for uncontrollable variations in student attendance; INCLB would allow schools to target resources to those student populations who need the most attention by applying sanctions only when the same student group fails to make adequate progress in the same subject for two consecutive years; and INCLB would ensure that students are counted properly and accurately in assessment and reporting systems.

Taken together, these provisions reflect a realistic assessment of both the strengths and weaknesses of No Child Left Behind. While there may be many issues that divide us, our responsibility in education is clear. We must promote successful, meaningful public education for our children. The INCLB Act will ensure that NCLB continues to be an avenue to success for educators and students throughout Idaho and the Nation.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, with sadness I recognize the passing of Dan Harpole, former executive director of the Idaho Commission on the Arts, president of the National Assembly of State Arts Agencies, and dedicated father and friend. I had the pleasure of working with Dan in recent years as he promoted arts in Idaho and truly changed the face of the Idaho Commission on the Arts. Dan successfully worked to integrate art appreciation and education into Idaho communities through local, State and Federal collaboration efforts. Dan's spirit has transformed the arts in Idaho, bringing them to a place of cultural and community preeminence. I respectfully submit a portion of his obituary, written by his good friend and fellow Idaho artist, Cort Conley, that describes, in detail, Dan's remarkable achievements in Idaho.

In November 2000, Dan was unanimously singled out from a

field of 36 distinguished candidates as the new executive

director of the Idaho Commission on the Arts. Although chosen

for his reputation and recognition earned elsewhere, he was

also selected for his optimistic, companionable disposition

and pragmatic views, his ability to build bridges and get

things done. Chair Marilyn Beck's estimate that he was the

perfect person for the job proved astute. He came to inhabit

Idaho arts the way paint does a painting. Dan thrived on the

lives and challenges around him on what is now called

networking. His attitude and leadership led to a legacy of

accomplishments on behalf of the arts in Idaho. Not a little

of it was his talent for consensus or accord, which he once

attributed to being the seventh of ten children: When you're

in a big family, you learn to negotiate for your life, he

quipped. While in Idaho, Dan served on the executive

committee of the board of directors for the National Assembly

of State Arts Agencies and was elected president in 2005. He

also served as trustee for the Western States Arts

Federation. Among the exceptional achievements of his legacy:

uniting the Idaho Congressional Delegation not only in

support of the budget for National Endowment for the Arts,

but for its first increased appropriation in over a decade;

bringing the annual conference of the National Assembly of

State Arts Agencies to Boise, 2005; statewide Arts Matter

conferences; pursuit of strategies for a cultural trust and

for art in public places; more recently, the unanimous

support of the Joint Finance-Appropriations Committee and the

Idaho Legislature for a significant one-time increase in the

Commission s budget; and, finally, being awarded, in

memoriam, the Chairman's Medal from the chair of the NEA for

serving the National Endowment for the Arts and arts in

America with distinction.

I was glad to hear of the NEA Chairman's Medal that Dan's family will receive on his behalf this month, but not the least bit surprised. I had the opportunity to recognize Dan's remarkable abilities and accomplishments in this Chamber almost a year ago when he was chosen to be president of the National Assembly of State Arts Agencies. Dan fully deserved this and all accolades that he received over the years. His love of the arts, his work promoting their appreciation in Idaho and his ability to provide leadership, vision, insight, and compassion lives on unmistakably in his legacy. Cort Conley concludes his tribute to Dan's life by stating:

In summary, then: love, laughter, courage. All estimable

indeed. Still, as a tombstone in County Kerry reads, ``Death

leaves a heartache no one can heal/Love leaves a memory no

one can steal.'' Nothing more appropriate can be said.

My wife Susan and I offer our condolences to his family and especially to his young children, Hunter and Fiona, at this difficult time.

Mr. President, if a football victory on New Year's Day is a harbinger of things to come, 2007 looks to be a thrilling year marked by success and celebration. Most of my colleagues here know that Boise State University won the Tostitos Fiesta Bowl on New Year's Day. This bowl victory completes an undefeated football season, 13 to 0, thanks to the hard work, dedication, and love of the game by the Boise State football players, fans, coach Chris Petersen, his staff, the athletic department, and the university administration. They all worked very hard to reach this remarkable achievement, and they have not only my congratulations, but the congratulations, of Idahoans and Americans everywhere.

Idaho is home to just over a million people and has some surprising secrets, not the least of which has been the five-time defending Western Athletic Conference Champion Boise State Broncos football team. It is a source of tremendous pride to see the team make national headlines, once again, for Idaho in this incredibly positive manner. The victory that barely eluded them in last year's MPC Computers Bowl came riding home and riding home hard. The Fiesta Bowl game against traditional football powerhouse the University of Oklahoma was college football at its best, and the BSU players and coaches came through with some stunning plays. While Boise dominated the first three-quarters of the game, the Sooners came roaring back. The last 2 minutes of the game were as good as college football gets. When the game went into overtime, the Sooners didn't waste a play they immediately scored a touchdown to temporarily take the lead. With the game on the line, the Boise State players came through and scored a touchdown along with a thrilling two-point conversion to bring the final score to 43 to 42, Boise State. Earlier in 2006, Boise was named the eighth most inventive city in the Nation. That creativity and innovation was certainly the Spirit of Idaho at its best on the field of play at crunch time and made this dreamed Bronco victory a reality.

The BSU Broncos are committed to excellence both on and off the field. The players take the energy they generate on the field and spread it throughout the community and State. The extraordinary progress and development of the BSU football program and the entire university stand as a testament to what can be accomplished with leadership, commitment, determination, and, most importantly, teamwork.

As the Nation marvels at the ``hook and lateral'' and ``Statue of Liberty'' plays that sealed the victory, I congratulate Coach Petersen, President Bob Kustra, Athletic Director Gene Bleymaier, the entire team, loyal students, alumni, and fans on their collective victory which all Idahoans enthusiastically share. I offer a friendly condolence to my colleagues from Oklahoma, and I am confident that their fine program will continue its tradition of excellence. And I offer this statement as a friendly notice to my colleagues from States that are home to traditional college football powerhouses: that thunder you hear is from our charging Broncos. I look forward to another great season this fall when the Broncos will run again.

Mr. President, I rise to comment briefly on the Tax Relief and Health Care Act of 2006. This bill includes a number of important provisions, including tax relief and reforms to the Medicare system. I wish simply to highlight two sections for the record.

Section 103 contains an update of the composite rate component of the basic case-mix adjusted prospective payment system for dialysis services. The intent of this section is to provide an update of 1.6% for a period of 1 year to the current composite rate for dialysis care. This section does not address any other payment system modifications for the ESRD Program. The GAO report is intended to explore the cost of home dialysis and how to more effectively educate dialysis patients about the possible advantages of home dialysis.

Section 110 relates to the reporting of anemia quality indicators for Medicare Part B cancer anti-anemia drugs. The intent of this section is to require the Secretary to develop a process through full notice and comment rulemaking that requires providers to report hemoglobin or hematocrit levels for patients being treated with cancer chemotherapy. Nothing in this section is intended to require the Secretary to change the coverage or payment rules for any products under Part B.

Mr. President, Idahoans have a strong reputation for being staunchly patriotic and supporting our military men and women. I am proud to say that this patriotism has its roots even in our children, as evidenced by the recent penny drive held at Hawthorne Middle School in Pocatello, ID.

More than 500 seventh and eighth graders, with the help of teachers and administrators, raised $1,000 over the course of 3 weeks to purchase special gifts for our troops in Iraq and Afghanistan. That $1,000, mostly in change, required daily counting by the students and, from what I understand, taking it to the bank required multiple bags and boxes! In fact, 100,000 pennies weigh close to 700 lbs, so I am certain that it was a heavy deposit despite the fact that it wasn't all collected in pennies. This remarkable achievement and dedication to supporting our military overseas deserves recognition and congratulations. Hawthorne Middle school's success reflects a sense of civic duty and national pride, refreshing in middle school students in today's world. This is indicative of the influence of strong families and strong educators at this Idaho school. I commend them on their generosity and commitment to our troops, and present Hawthorne Middle School students, parents, and teachers as models of patriotism, civic duty, and selfless giving.