November 20, 2008 CONGRESSIONAL RECORD — SENATE S10721 

and the allocation provided to the Senate Commerce, Science, and Transportation Committee. 

I ask unanimous consent to have 

printed in the RECORD the following revisions to S. Con. Res. 70. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL 

YEAR 2009—S. CON. RES. 70; FURTHER REVISIONS TO 

THE CONFERENCE AGREEMENT PURSUANT TO SECTION 

223 DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AMERICA’S INFRASTRUCTURE 

[In billions of dollars] 

Section 101 

(1)(A) Federal Revenues: 

FY 2008 ............................................................................. 1,875.401 

FY 2009 ............................................................................. 2,029.667 

FY 2010 ............................................................................. 2,204.701 

FY 2011 ............................................................................. 2,413.291 

FY 2012 ............................................................................. 2,506.069 

FY 2013 ............................................................................. 2,626.577 

(1)(B) Change in Federal Revenues: FY 2008 ............................................................................. ¥3.999 FY 2009 ............................................................................. ¥67.732 FY 2010 ............................................................................. 21.303 

FY 2011 ............................................................................. ¥14.779 FY 2012 ............................................................................. ¥151.526 FY 2013 ............................................................................. ¥123.642 (2) New Budget Authority: 

FY 2008 ............................................................................. 2,564.237 

FY 2009 ............................................................................. 2,538.268 

FY 2010 ............................................................................. 2,566.829 

FY 2011 ............................................................................. 2,692.492 

FY 2012 ............................................................................. 2,734.106 

FY 2013 ............................................................................. 2,858.848 

(3) Budget Outlays: 

FY 2008 ............................................................................. 2,466.678 

FY 2009 ............................................................................. 2,573.280 

FY 2010 ............................................................................. 2,625.754 

FY 2011 ............................................................................. 2,711.453 

FY 2012 ............................................................................. 2,719.533 

FY 2013 ............................................................................. 2,851.944 

CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL 

YEAR 2009—S. CON. RES. 70; FURTHER REVISIONS TO 

THE CONFERENCE AGREEMENT PURSUANT TO SECTION 

223 DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AMERICA’S INFRASTRUCTURE 

[In millions of dollars] 

Current Allocation to Senate Commerce, Science, and Transportation Committee: 

FY 2008 Budget Authority 13,964.

FY 2008 Outlays ............................................................... 9,363 

FY 2009 Budget Authority ................................................ 14,435 

FY 2009 Outlays ............................................................... 10,253 

FY 2009–2013 Budget Authority ...................................... 75,947 

FY 2009–2013 Outlays ..................................................... 49,989 

Adjustments: 

FY 2008 Budget Authority ................................................ 0 

FY 2008 Outlays ............................................................... 0 

FY 2009 Budget Authority ................................................ 0 

FY 2009 Outlays ............................................................... 0 

FY 2009–2013 Budget Authority ...................................... ¥8 

FY 2009–2013 Outlays ..................................................... ¥8 

Revised Allocation to Senate Commerce, Science, and Transportation Committee: 

FY 2008 Budget Authority ................................................ 13,964 

FY 2008 Outlays ............................................................... 9,363 

FY 2009 Budget Authority ................................................ 14,435 

FY 2009 Outlays ............................................................... 10,253 

FY 2009–2013 Budget Authority ...................................... 75,939 

FY 2009–2013 Outlays ..................................................... 49,981 

f 

RENEWABLE ENERGY AND 

ENERGY EFFICIENCY CAUCUS 

Mr. ALLARD. Mr. President, I rise 

today to talk about a subject that is 

near and dear to my heart, the Senate 

Renewable Energy and Energy Efficiency Caucus. 

Would the distinguished gentlemen 

from North Dakota and Idaho engage 

in a colloquy with me on this topic? 

Mr. DORGAN. I would be pleased to 

engage in such a colloquy. 

Mr. CRAPO. I would also like to join 

my colleagues in a colloquy on this 

matter. 

Mr. ALLARD. I thank my colleagues. 

The need for a strong renewable energy 

policy has never been more timely. 

This is something I have worked on for 

many years. As a member of the House 

of Representatives I was a member of 

the House Renewable Energy Caucus, 

and when I was elected to the Senate, 

discovered that no such similar caucus 

existed here. So I, along with Senators 

JEFF BINGAMAN, TIM JOHNSON, JIM JEFFORDS, and BOB KERRY, founded the 

Senate Renewable Energy and Energy 

Efficiency Caucus. 

The caucus is still going strong today 

with leadership from Senator BYRON

DORGAN, Senator JOE LIEBERMAN, and 

myself. It is a nonpartisan group that 

strives to increase awareness of the 

various forms of renewable energy and 

energy efficiency technologies in the 

United States. 

I have been honored to serve as the 

Republican cochair since the inception 

of the Senate caucus, during this time 

we have seen the caucus membership 

grow and today more than a third of 

the Senate is a member. The caucus 

has hosted numerous events and briefings and helped hundreds of renewable 

energy groups display their ideas and 

technologies. It has also been a forum 

for sharing thousands of news articles 

relating to renewable energy and energy efficiency. 

As many of you know, I am retiring 

from the Senate at the end of this term 

and will no longer serve as cochair of 

the caucus. I am proud of the work 

that the caucus has done, and I am 

confident it will continue to do great 

work in the future. 

I know it will do great work in the 

future because it will have strong leadership. I greatly appreciate the work of 

the other cochairs, Senators DORGAN

and LIEBERMAN. They have a remarkable dedication to renewable energy. 

With the addition of the new Republican cochair, I have no doubt that the 

caucus will be as strong as ever. 

The man replacing me on the caucus 

is an ardent advocate for renewable energy, Senator MIKE CRAPO. As a member of the Senate Finance Committee, 

Senator CRAPO has helped craft successful legislation to provide tax credits for production and investment in 

renewable energy such as wind, solar, 

and geothermal, and as a member of 

the Senate Agriculture Committee, he 

supported expanded usage of renewable 

biofuels. 

Senator CRAPO also represents a 

State that is passionate about renewable energy and energy efficiency. The 

State of Idaho has received awards for 

its dedication to renewable energy and 

cutting edge research is taking place 

every day at the fine colleges and universities in Idaho. 

Mr ALLARD. Senator DORGAN, you 

have helped me cochair the caucus for 

several years, and your efforts have 

been invaluable. Do you share my estimation that Senator CRAPO will make 

a strong co-chair? 

Mr. DORGAN. Yes. 

Mr. ALLARD. Senator CRAPO you 

have been a strong advocate for renewable energy for years, and I am sure are 

looking forward to cochairing the caucus. Do you have any comments? 

Mr. CRAPO. Yes. I have long admired 

the work of Senator ALLARD in forming 

and developing the caucus over the 

years. I am honored to be chosen as the 

next cochair of the caucus and am 

eager to build on the work he has accomplished thus far. 

As you mentioned, my home State of 

Idaho is one of the Nation’s leaders in 

renewable energy. Idaho has significant 

and developed hydropower, wind, and 

geothermal energy resources, which 

has led us to have one of the five lowest per capita and total emissions profiles of any State. The research being 

done on these technologies, as well as 

energy efficiency, biofuels, and alternative energy resources such as nuclear power at the Idaho National Laboratory, University of Idaho, Boise 

State and Idaho State Universities, is 

remarkable and nationally recognized. 

Energy issues have arrived at center 

stage in the public eye and energy supply, prices, and environmental effects 

are at the forefront of concern. All of 

us here, regardless of political affiliation, can agree that developing a 

sound domestic energy plan that provides an adequate supply of clean and 

affordable energy is a benefit to our 

Nation. I look forward, along with Senators DORGAN and LIEBERMAN, to educating members and promoting renewable energy and efficiency measures in 

the upcoming Congress to achieve that 

goal. 

f 

SBIR/STTR REAUTHORIZATION ACT 

OF 2008 

Mr. KERRY. Mr. President, in July, 

the Committee on Small Business and 

Entrepreneurship passed S. 3362, the 

SBIR/STTR Reauthorization Act of 

2008, by a unanimous 19–0 vote. Since 

then, Senator SNOWE, myself, and others have worked diligently to address 

concerns that have been expressed to 

us by our colleagues and the administration, and we reached an agreement 

with the administration on the terms 

of the bill. Unfortunately, at the last 

minute, a colleague had objections and 

we cannot pass the bill. 

As the title suggests, the purpose of 

S. 3362 was to reauthorize the Small 

Business Administration’s Small Business Innovation Research and Small 

Business Technology Transfer programs, otherwise known as SBIR and 

STTR. The bill makes improvements to 

these programs that will allow them to 

work better for small businesses, while 

contributing to our economy, fulfilling 

the priority research needs of the nation, and expanding and diversifying 

our military’s supply base. 

Small businesses continue to receive 

only about 4 percent of Federal research and development dollars despite 


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S10722 CONGRESSIONAL RECORD — SENATE November 20, 2008 

the fact that they employ nearly 40 

percent of America’s scientists and engineers, produce more than 14 times 

more patents than large businesses and 

universities, and produce patents that 

are of higher quality and are more than 

twice as likely to be cited. Unlike large 

businesses, which tend to focus more 

on improving existing product lines, 

and university research, which leans 

toward education and publications, 

America’s small businesses and entrepreneurs are the ones willing to take 

on the high-risk, high-reward research 

that truly drives innovation. 

The SBIR and STTR programs are 

two of the very few Federal programs 

that tap into the scientific and technical community found in America’s 

small businesses. These programs foster government-industry partnerships 

by making competitive awards to firms 

with the best scientific proposals in response to the research needs of our 

agencies and by helping to move technologies from the lab to the marketplace or from the lab to insertion in a 

government program or system. 

Since the inception of the SBIR program in 1982, recipients of SBIR and 

STTR awards have gone on to produce 

more than 84,000 patents and to generate millions of well-paying jobs 

across all 50 States. Both programs 

have garnered high praise from well-respected sources, including from the National Academy of Sciences, which 

completed its comprehensive assessment of SBIR last year. Governments 

around the world are increasingly 

adopting SBIR-type programs to encourage innovation in their countries. 

Among the technologies pioneered by 

SBIR-funded small businesses are a 

machine that uses lasers and computer 

cameras to sort and inspect bullets at 

a much finer level than the human eye 

can manage, the technology that creates the ‘‘invisible’’ condensation trail 

of the B–2 bomber, a therapeutic drug 

to treat chronic inflammatory disease, 

and a nerve gas protection system. 

With regard to the bullet sorting technology, developed by CyberNet Systems, a small, women-owned business 

located in Ann Arbor, MI, and currently in use in Iraq and Afghanistan, 

that SBIR technology is estimated to 

have saved taxpayers more than $300 

million. Those are real cost savings 

and tangible technological improvements and we could have more such 

technologies if we increased the SBIR 

and STTR allocations, as the legislation that passed Committee proposed 

to do. 

S. 3362 is the result of much deliberation and compromise and reflects a 

truly bipartisan effort to strengthen 

and improve the SBIR and STTR programs. I am proud that Senator SNOWE, 

Senator BOND, myself, and others were 

able to come together to reach agreement on a number of very difficult 

issues, including on the involvement of 

firms majority-owned and controlled 

by multiple venture capital companies 

in the SBIR program, and that we 

unanimously passed this legislation 

out of committee. And as I said at the 

start of my remarks, I am also proud 

that we were able to resolve our differences with the administration to 

craft a bill that would keep these programs going strong. 

It is truly a shame that one Republican in this Chamber has blocked this 

bill from passing, and that all of the effort and all of the compromises that 

went into getting the legislation to 

this point will be lost. I ask my colleagues to be aware that the SBIR program is temporarily authorized 

through March 20, 2009, that the STTR 

program expires on September 30, 2009, 

and that we should act fast in the new 

year to extend or comprehensively authorize these programs to help keep 

our country ahead in technology. 

f 

INTEREST ON LAWYERS’ TRUST 

ACCOUNT PROGRAM 

Mr. LEAHY. Mr. Presdient, last 

week, I joined Senator CARDIN and Senators SPECTER, and others in sending a 

letter to the Federal Deposit Insurance 

Corporation, FDIC, in an effort to preserve the viability of the Interest on 

Lawyers’ Trust Account program, 

IOLTA. We have asked the FDIC to ensure that the Transaction Account 

Guarantee Program, TGLP, through 

which the FDIC guarantees funds in 

bank accounts, will also cover lawyer 

trust accounts. The IOLTA program, 

which distributes interest on client 

funds held in lawyer trust accounts to 

legal aid programs, has been an enormous success in securing legal representation for lower-income Americans. All 50 States have IOLTA programs, and many States mandate participation by practicing attorneys. 

This program provides funding to important legal aid programs and helps 

ensure that no person goes without 

legal representation because of a lack 

of resources. 

Our concern stems from the fact that 

the TGLP Interim Rule concerning account insurance issued on October 23 

would not extend unlimited FDIC insurance to interest bearing lawyer 

trust accounts, ultimately hurting the 

public benefit generated by these accounts. According to the FDIC’s proposed rules for the TGLP, noninterestbearing accounts would be insured to 

protect an unlimited amount of funds. 

But the insurance for interest-bearing 

accounts would be limited to $250,000. 

The lack of an exception for lawyer 

trust accounts threatens the IOLTA 

program because it poses a potential 

conflict for attorneys. Many lawyer 

trust accounts contain pooled client 

funds, often in excess of $250,000. As a 

result of the FDIC’s proposed rules, 

there is legitimate concern that attorneys would move client funds in excess 

of $250,000 to noninterest-bearing accounts in order to gain the insurance 

protection, and in an effort to manage 

client funds as responsibly as possible. 

This potential ethical dilemma could 

be prevented by a modification of the 

proposed rules. 

Senator CARDIN, Senator SPECTER, 

and I have suggested to the FDIC that 

it modify its proposed rules to make an 

exception for lawyer trust accounts 

and provide unlimited insurance on interest bearing accounts containing client funds. This would be an important 

step towards preserving the success of 

the IOLTA program, and would remove 

any potential ethical dilemma for attorneys. Such a modification would ensure that the interest generated by 

IOLTA accounts continues to be distributed through local nonprofit organizations in each State to fund invaluable legal aid services for low-income 

families. 

I am hopeful that the FDIC will recognize the national importance and 

success of this program, and will create 

the exception we have proposed. I 

would like to particularly thank the 

Vermont Bar Association for its advocacy in this regard, as well as the 

American Bar Association for its attention to this issue. Legal representation for everyone is an imperative for a 

fair and effective judicial system. The 

IOLTA program has been successful in 

helping to ensure legal representation 

for more Americans, and where these 

goals can be accomplished without the 

use of tax dollars, such a program 

should be preserved. 

f 

REMEMBERING COLONEL JOHN W. 

RIPLEY 

Mr. LEAHY. Mr. President, I regret 

to have to inform the Senate of the 

passing of a truly great American: 

John W. Ripley, a retired Marine Corps 

colonel and hero of the Vietnam war. 

Colonel Ripley will be best known for 

his achievements and self-sacrifice during the Vietnam war—particularly on 

April 2, 1972, when he singlehandedly 

blew up the Dong Ha bridge. That 

bridge over the Cua Viet River was a 

major thoroughfare for an invasion 

force from North Vietnam. Colonel 

Ripley, serving with a marine unit 

from South Vietnam, moved around 

the bridge like it was a trapeze and 

hung charges that would blow it up and 

prevent the enemy’s advance. 

That story is the subject of innumerable books and articles. It is an absolutely incredible feat, showing us how 

an act of individual bravery can have a 

large strategic impact that affects an 

entire force. Indeed, the removal of 

that bridge created a bottleneck that 

allowed allied forces to apply overwhelming air power and blunt that invasion. 

After Vietnam, Colonel Ripley had a 

distinguished career that included 

going through some of the most challenging training programs among the 

world’s militaries, including U.S. Army 

Ranger School. In his willingness to 

undergo the ardors of combat and 

training, he emerged a marine’s marine, a steely and strong individual always ready to put his country and his 

fellow marines before himself. 


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