January 14, 2009 CONGRESSIONAL RECORD — SENATE S397 

with the Secretary of Transportation, shall 

prepare, maintain, publicize, and make 

available through the Internet, lists of automobiles, classified by make and model, 

which are classified under this section as— 

(1) eligible high fuel consumption automobiles; 

(2) new fuel efficient automobiles; or 

(3) used fuel efficient automobiles. 

(e) PROGRAM SPECIFICATIONS.— 

(1) LIMITATIONS.— 

(A) VOUCHERS PER PERSON.—Not more than 

1 voucher may be issued to a person in any 

period of 3 successive calendar years. A person may be issued a voucher if the person 

demonstrates, in a manner prescribed by rule 

by the Secretary, that such person— 

(i) is the registered owner of an eligible 

high fuel consumption automobile; and 

(ii) attests that such high fuel consumption automobile has not been imported into 

the United States during the previous 4- 

month period. 

(B) VOUCHERS FOR ELIGIBLE FLEETS.—A 

voucher for the purchase of a new or used 

fuel efficient automobile from a dealer may 

be issued to an eligible fleet operator for 

each eligible high fuel consumption automobile for which such eligible fleet operator 

is the registered owner, as demonstrated in a 

manner prescribed by rule by the Secretary. 

(C) OFFSET.—A dealer— 

(i) shall credit the amount of the voucher 

being applied toward the purchase of a fuel 

efficient automobile; and 

(ii) may not offset the amount of the 

voucher against any other rebate or discount 

otherwise being offered by the dealer or manufacturer. 

(D) JOINT OWNERSHIP.—Not more than 1 

voucher may be issued to the joint owners of 

an eligible high fuel consumption automobile, unless such automobile is operated 

by an eligible fleet operator. 

(E) NO COMBINATION OF VOUCHERS.—A person may not apply 2 or more vouchers issued 

under the Program toward the purchase of a 

single fuel efficient automobile. 

(F) COMBINATION WITH OTHER INCENTIVES

PERMITTED.—Notwithstanding any other provision of law, the availability or use of a 

Federal or State tax incentive or a Stateissued voucher for the purchase of a fuel efficient automobile shall not limit the value or 

issuance of a voucher under the Program to 

any person or eligible fleet operator otherwise eligible to receive such a voucher. 

(G) DURATION.—Each voucher shall expire 2 

years after the date on which the voucher is 

issued and may not be renewed. 

(H) PROMPT FULFILLMENT OF REDEMPTION

REQUESTS REQUIRED.—The Secretary shall 

provide for the payment of all vouchers submitted to the Secretary for redemption in 

accordance with the provisions of this Act 

not later than 60 days after such submission, 

or within such lesser period as the Secretary 

determines to be practicable. 

(I) NUMBER AND AMOUNT.—The total number and value of vouchers issued under the 

Program may not exceed the amounts appropriated for such purpose. 

(2) CONSUMER EDUCATION PROGRAM.—The 

Secretary shall carry out a consumer education program aimed at informing persons 

about the Program, its fuel economy purposes, and the availability of vouchers under 

the Program. 

(3) TRANSIT FARE CREDITS.—The Secretary 

shall promulgate regulations that allow operators of bus and rail public transit systems 

to redeem vouchers properly issued to any 

person under this Act to offset the purchase 

price of annual transit passes or any other 

form of individual transit fare credit designated by the transit system operator. Participating transit system operators shall establish the terms and conditions for the ownership, use, and expiration of any transit 

fare credits acquired through the use of a 

voucher issued under this Act. 

(4) DISPOSITION OF ELIGIBLE HIGH FUEL CONSUMPTION AUTOMOBILES.— 

(A) IN GENERAL.—Any automobile dealer, 

dismantler, or scrap recycling facility who 

receives a certificate of title to any eligible 

high fuel consumption automobile in exchange for a voucher under the Program 

shall certify to the Secretary, in such manner as the Secretary shall prescribe by rule, 

that such automobile and engine— 

(i) have been crushed or shredded within 

such period as the Secretary prescribes; 

(ii) have been processed prior to crushing 

or shredding to ensure the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury switches, and 

such other toxic or hazardous vehicle components as the Secretary may specify by rule; 

and 

(iii) have not been, and will not be, sold, 

leased, exchanged, or otherwise disposed of 

for use as an automobile in the United 

States or in any other country. 

(B) SAVINGS PROVISION.—Nothing in subparagraph (A) may be construed to preclude 

a dismantler from— 

(i) selling any parts of such scrapped automobile other than the engine block and drive 

train for use as replacement parts; or 

(ii) retaining the proceeds from such sale. 

(C) COORDINATION.—The Secretary shall coordinate with the Attorney General to ensure that the National Motor Vehicle Title 

Information System is appropriately updated to reflect the crushing or shredding of 

high fuel consumption automobiles under 

this section. 

(f) RULEMAKING.—Not later than 120 days 

after the date of the enactment of this Act, 

the Secretary shall promulgate regulations 

to implement the Program, including— 

(1) the removal and disposition of toxic or 

hazardous materials from eligible high fuel 

consumption vehicles presented for participation in the program; and 

(2) the enforcement of the penalties described in section 4. 

(g) DISCLAIMER.—Nothing in this Act or 

any other provision of law limits the authority of Congress or the Secretary to terminate or limit the Program or the issuance of 

vouchers under the Program. 

SEC. 4. PENALTIES. 

(a) VIOLATION.—It shall be unlawful for any 

person to violate any provision under this 

Act or any regulations issued pursuant to 

section 3(f). 

(b) PENALTIES.—Any person who commits a 

violation described in subsection (a) shall be 

liable to the United States Government for a 

civil penalty of not more than $5,000 for each 

violation. A separate violation shall be 

deemed to have occurred for each day the 

person continues to be in violation of any 

provision under this Act. 

SEC. 5. REPORT. 

The Secretary shall submit a report to the 

Committee on Energy and Natural Resources 

of the Senate and the Committee on Energy 

and Commerce of the House of Representatives every 6 months that specifies, for the 

most recent 6-month period— 

(1) the number of vouchers which have 

been used under the Program; and 

(2) the make, model, model year, location 

of sale, and manufacturing location of each 

vehicle traded in or purchased under the Program. 

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated, 

for each of the fiscal years 2009 through 2014, 

such sums as may be necessary to carry out 

this Act, which sums shall remain available 

until expended. 

By Mr. BOND: 

S. 248. A bill to prohibit the use of 

certain interrogation techniques and 

for other purposes; to the Select Committee on Intelligence. 

Mr. BOND. Mr. President, I rise to introduce the Limitations on Interrogation Techniques Act of 2009. This bill is 

identical to one I introduced last summer, along with Senators HATCH, 

CHAMBLISS, BURR, and WARNER. Last 

week, my colleague and good friend on 

the Intelligence Committee, Senator 

FEINSTEIN, introduced a bill that, 

among other things, requires all intelligence interrogations to be conducted 

only in accordance with the Army 

Field Manual. The Army Field Manual 

was designed to monitor and to describe the techniques which could be 

used by the many thousands and tens 

of thousands of Army personnel who 

might be engaged in interrogating people caught in field operations. Unfortunately, I believe this is the wrong approach. 

First, the Army Field Manual is a 

document that can be changed by the 

Secretary of the Army without ever 

coming back to Congress. It was meant 

to deal with Army personnel—the fine 

men and women of the Army. The next 

problem is that by setting legislative 

standards according to a departmental 

policy manual, Congress, in effect, 

would be ceding our legislative function to the Secretary of the Army. 

Even more importantly, I don’t believe 

we should have a one-size-fits-all approach when we are talking about interrogations that would be conducted 

by the military or the FBI over here or 

the CIA over here and a host of other 

different agencies, all with different 

missions and priorities. 

Mr. President, if you have followed 

the history of intelligence from the 

post-9/11 system, you know there are 

certain high-value detainees—who are 

captured on infrequent occasions—who 

are questioned at length by skilled interrogators to find out the details of 

potential plans of which they know— 

attacks on allies or in our country. It 

is different from capturing somebody 

in the field who might be able to yield 

tactical intelligence but certainly has 

no strategic intelligence. We are much 

safer today because we have been able 

to garner intelligence from high-value 

detainees who have known about a 

broad range of people involved and 

those potential operations they may 

undertake. 

The final, and perhaps the most important reason not to limit interrogation techniques for other agencies beyond the Army—to limit them to that 

published in the field manual—is because broadcasting to al-Qaida and 

other terrorists exactly what techniques will be used in interrogating 

them is a recipe for failure. We know 

these high-value targets, the people 

who are leaders of these organizations, 

will train for whatever techniques we 

tell them we are using. It is not too 

hard to figure out that if we tell them 


rfrederick on PROD1PC67 with SENATE
S398 CONGRESSIONAL RECORD — SENATE January 14, 2009 

with certainty only 19 techniques listed in the field manual will be used, 

they will train to resist them, and the 

net result will be we will not get anymore intelligence. 

The bill I am introducing does not 

have that flaw. Rather than authorizing intelligence agencies to use only 

those techniques that are allowed in 

the Army Field Manual—the AFM—I 

believe the better approach, if any 

change needs to be made to current 

law, is to preclude the use of specific 

techniques that are prohibited under 

the AFM. Specifically, the bill says 

you cannot use interrogation techniques; No. 1, forcing the individual to 

be naked, to perform sexual acts or 

pose in a sexual manner; No. 2, placing 

hoods or sacks over the heads of individuals or using duct tape over the individual’s eyes; No. 3, applying beatings, electric shock, burns or similar 

forms of physical pain; No. 4, using the 

technique known as waterboarding; No. 

5, using military working dogs; No. 6, 

inducing hypothermia or heat injury; 

No. 7, conducting mock executions; or, 

No. 8, depriving the individuals of adequate food, water, or medical care. 

Now, these list the kinds of techniques that are generally described as 

torture. Let me assure you there are 

many techniques which are similar in 

degree of duress to those permitted in 

the Army Field Manual. The reason to 

be able to use others is because the 

most important part of any interrogation technique is the unknown. When 

the detainee does not know what techniques are permitted, then the detainee 

does not know what to expect. Under 

those circumstances, even though the 

techniques are no more harsh, no more 

painful than Army Field Manual techniques, there is a much greater chance 

a skilled interrogator will get that information. 

I believe in this way Congress can 

state clearly that harsh interrogation 

techniques will not be permissible 

without advertising the techniques 

that are permissible. The Intelligence 

Committee will be briefed on any techniques that are considered for use and 

have the opportunity to object to anything we believe should not be permissible. This new approach allows for the 

possibility that new techniques that 

are not explicitly authorized in the 

Army Field Manual but which comply 

with law may be developed in the future. 

I invite my colleagues to join me in 

supporting this legislation. This legislation establishes an important principle, and I hope we can adopt this legislation. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 22. Mr. REID (for Mr. NELSON, of Florida) proposed an amendment to the resolution S. Res. 13, congratulating the University of Florida football team for winning the 

2008 Bowl Championship Series (BCS) national championship. 

TEXT OF AMENDMENTS 

SA 22. Mr. REID (for Mr. NELSON, OF

FLORIDA) proposed an amendment to 

the resolution S. Res. 13, congratulating the University of Florida football team for winning the 2008 Bowl 

Championship Series (BCS) national 

championship; as follows: 

On page 3, strike lines 11 through 18 and insert the following: 

(A) President of the University of Florida, 

J. Bernard Machen; 

(B) Athletic Director of the University of 

Florida, Jeremy N. Foley; and 

(C) Head Coach of the University of Florida 

football team, Urban Meyer. 

f 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON AGRICULTURE, NUTRITION, AND

FORESTRY

Ms. MIKULSKI. Mr. President, I ask 

unanimous consent that the Committee on Agriculture, Nutrition, and 

Forestry be authorized to meet during 

the session of the Senate on Wednesday, January 14, 2009, at 10 a.m. in 

room G50 of the Dirksen Senate Office 

Building to consider the nomination of 

Gov. Thomas J. Vilsack, of Iowa, to be 

Secretary of Agriculture. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Ms. MIKULSKI. Mr. President, I ask 

unanimous consent that the Committee on Commerce, Science, and 

Transportation be authorized to hold a 

hearing during the session of the Senate on Wednesday, January 14, 2009, at 

2:30 p.m., in room 253 of the Russell 

Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON ENVIRONMENT AND PUBLIC

WORKS

Ms. MIKULSKI. Mr. President, I ask 

unanimous consent that the Committee on Environment and Public 

Works be authorized to meet during 

the session of the Senate on Wednesday, January 14, 2009, at 10 a.m. in 

room 406 of the Dirksen Senate Office 

Building to hold a hearing on the nominations of Lisa P. Jackson to be Administrator of the U.S. Environmental 

Protection Agency and Nancy Helen 

Sutley to be Chairman of the Council 

on Environmental Quality. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Ms. MIKULSKI. Mr. President, I ask 

unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to 

meet during the session of the Senate 

on Wednesday, January 14, 2009, at 2 

p.m. to consider the nomination of 

Peter R. Orszag to be Director, Office 

of Management and Budget. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON VETERANS’ AFFAIRS

Ms. MIKULSKI. Mr. President, I ask 

unanimous consent that the Committee on Veterans’ Affairs be authorized to meet during the session of the 

Senate on Wednesday, January 14, 2009, 

at 10 a.m. to conduct a hearing on the 

nomination of General Eric Shinseki to 

be Secretary of the Department of Veterans Affairs. The committee will meet 

in room 106 of the Dirksen Senate Office Building beginning at 10 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PRIVILEGES OF THE FLOOR 

Mr. INHOFE. I ask unanimous consent that Ryan Levesque be granted 

the privileges of the floor for the duration of my time. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

CONGRATULATING THE UNIVERSITY OF FLORIDA FOOTBALL 

TEAM 

Mr. REID. Mr. President, I ask unanimous consent that the Judiciary Committee be discharged from further consideration of S. Res. 13 and the Senate 

proceed to its consideration. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. The clerk 

will report the resolution by title. 

The legislative clerk read as follows: 

A resolution (S. Res. 13) congratulating the 

University of Florida football team for winning the 2008 Bowl Championship Series 

(BCS) national championship. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. REID. Mr. President, I ask unanimous consent that a Nelson of Florida 

amendment, which is at the desk, be 

agreed to, the resolution, as amended, 

be agreed to, the preamble be agreed 

to, the motions to reconsider be laid 

upon the table, with no intervening action or debate, and that any statement 

relating to the resolution be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment (No. 22) was agreed 

to, as follows: 

On page 3, strike lines 11 through 18 and insert the following: 

(A) President of the University of Florida, 

J. Bernard Machen; 

(B) Athletic Director of the University of 

Florida, Jeremy N. Foley; and 

(C) Head Coach of the University of Florida 

football team, Urban Meyer. 

The resolution (S. Res. 13), as amended, was agreed to. 

The preamble was agreed to. 

The resolution, as amended, with its 

preamble, reads as follows: 

S. RES. 13 

Whereas on January 8, 2009, before a crowd 

of more than 78,000 fans in Miami, Florida, 

the University of Florida Gators won the 2008 

Bowl Championship Series (BCS) national 

title with a stunning 24–14 triumph over the 

University of Oklahoma Sooners; 

Whereas the University of Florida is one of 

the premier academic institutions in the 

State of Florida; 

Whereas the University of Florida Gators 

captured the Southeastern Conference championship title on December 6, 2008; 


rfrederick on PROD1PC67 with SENATE