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November 2007

Dear Fellow Citizens,

While Americans gathered for Thanksgiving and prepared for the upcoming holidays, the news out of Washington for November has been of a decidedly mixed bag.

On the bright side, in November the Senate passed legislation reauthorizing the nation's Amtrak passenger rail system, reauthorized the preeminent early childhood Head Start program, and by a vote of 79-14 overrode the presidential veto of the Water Resources Development Act (WRDA), which authorizes federal water development, infrastructure, flood control and other water projects around the country, including over $120 million for water-related projects in Colorado contained in the bill at my request.

On the other hand, the President continued to oppose our bipartisan effort to provide health care to the nation's children. While we passed a second, more restrictive, version of the Children's Health Insurance Program (S-CHIP) reauthorization in response to the President's veto of the first bill to provide health care for 10 million of our nation's children, the President rejected this second version as well and has made no meaningful effort to find a compromise. While the President immediately signed when it got to his desk the FY 08 Defense Appropriations bill which provides significant increases in military spending, hours later he vetoed the FY 08 Labor-HHS-Education Appropriations bill, which provides badly needed funding increases for existing domestic programs. In fact, the President is opposing any funding increases in all non-military spending bills even as he proposes nearly $200 billion in emergency funding for the war in Iraq.

The Senate minority leadership blocked consideration of a Democratic proposal to provide some of the President's requested supplemental funds for Iraq. The Democratic proposal tied the funding to a change in mission from Iraq from one of combat to the limited missions supported in the Iraq Study Group legislation I offered earlier this year, redeploying our troops out of a civil war, and ensuring that the troops receive the training, equipment and rest they need.

The Senate minority leaders also successfully blocked the Senate from considering the Farm Bill (see details of this bill below), the FY 08 Transportation-HUD Appropriations bill, legislation to help families facing home foreclosure stay in their homes, legislation to enhance assistance to veteran small business owners or prospective owners, and continue to block consideration of the Renewable Energy Bill both chambers have previously passed.

Republicans even blocked Senate consideration of proposals to fix the Alternative Minimum Tax to prevent 19 million middle class Americans from falling under this tax come January.

Ominously, the Senate minority is making good on its threat earlier this year to procedurally block the majority agenda. This year alone, the Senate majority has been forced to file 56 "cloture" motions to avoid filibuster and proceed to action on legislation-an unprecedented pace for obstruction that threatens to shatter the record of 61 cloture motions in a full, two-year Congress.

What this means is that the minority has forced a 60-vote requirement in the Senate on virtually every major piece of legislation that departs from this Administration's agenda. Notwithstanding the successes of this Congress (see my earlier newsletters), the public is frustrated by what it sees as inaction in Congress to make changes in government policy. But it is important to understand that this inaction is not through lack of effort, it is through the lack of 60 votes in the Senate. The Senate is divided 49-49 between Democrats and Republicans, plus two Independents. On any major policy change, we need 9-10 Republican Senators at a minimum and those votes just have not been there.

Nevertheless, we push on, knowing that the keeping up the good fights is important to achieve success.

The following is an update on some of my activities in November.

Honoring our Wounded Veterans. On Veterans' Day, I visited Colorado soldiers wounded in Iraq at Walter Reed Hospital, where I once again saw firsthand the horrific and painful costs of war. With every death and every injury suffered by American men and women in uniform, that cost increases, which is why we must change direction in Iraq.

Attorney General Mukasey Nomination. I voted against confirmation of Judge Michael Mukasey to be U.S. Attorney General because I was deeply troubled that he was unwilling to clearly and unambiguously state that he will uphold U.S. law barring the use of the torture procedure commonly known as "waterboarding". When I personally met with him prior to the confirmation vote, I was disappointed with his response to my question whether an interrogation agent could use waterboarding in an interrogation setting. He said he did not know and that it depended on whether or not there was an intent to cause pain. For me, that response is unacceptable. The U.S. has prosecuted those who have engaged in this kind of torture since the 1898 Spanish-American War. The 2006 Military Commissions Act prohibits the use of torture. By U.S. law, the 1949 Geneva Conventions, and our most basic human sensibilities, waterboarding is torture and it is illegal. The has been further affirmed by the top lawyers in the Army, Navy, Air Force, and Marines-and just before the confirmation vote, by Secretary of Defense Gates. Three of the most respected Republicans in the Senate, Senators Warner, McCain and Graham wrote to Judge Mukasey, saying "Waterboarding, under any circumstances, represents a clear violation of U.S. law." This is not a complex issue. It is not open to interpretation or equivocation, and so I could not support this nomination.

Curbing Encroachment Around Military Facilities. Encroaching development and population growth in surrounding communities has had a growing effect on training and readiness at military installations around the country. It has been a problem successfully addressed by planning at Fort Carson and is of growing concern to the continued viability of Buckley Air Force Base. I spearheaded a bipartisan Senate letter to Defense Secretary Gates urging the Administration to adequately fund the Range and Environmental Protection Initiative (REPI), which allows the military services to create buffers around bases through cooperative partnerships with local communities and through the purchase of conservation easements. Our letter asks the Administration to submit a request for at least $75 million for REPI for FY 2009, with additional increases up to $100 million by 2015. A recent RAND Corporation report found that the REPI program is seriously under-funded and that the cost of effective action will only increase over time as developmental pressures intensify. The FY 08 Defense Appropriations bill also includes through my efforts $46 million to curb development encroachment around military bases around the country.

Addressing Denver International Airport Safety and Staffing Concerns. Just before Thanksgiving I met with DIA officials and local federal officials regarding security line delays, runway incursions and snow removal issues. Following that briefing, I wrote to Homeland Security Secretary Chertoff requesting that his department assign additional TSA screening officers to DIA. I also requested and obtained from Secretary Chertoff his commitment to swiftly investigate recent revelations that de-icing contractors at DIA were given instructions by their instructors on how to cheat on their qualification tests. Additionally, the Colorado congressional delegation joined together in a letter to the FAA urging accelerated deployment of a new ground radar system for DIA that gives air traffic controllers real-time information about all aircraft and vehicles on the airport grounds. The new radar system is not scheduled to be implemented until 2010. Our request was triggered by a federal report revealing that two of the most serious runway incursions in the nation in the last year occurred at DIA, the fourth busiest airport in the country.

Fighting for the Farm Bill. I continued to fight for passage of the 2007 Farm Bill reauthorization crafted by the Senate Agriculture and Finance Committees, both of which I am a member. It is important to note that the Farm Bill is not primarily about continuing crop assistance programs to farmers and ranchers, although these programs gain the most media attention. It may surprise many non-agriculturalists, but 67% of the Farm Bill's funding goes toward domestic food security, hunger, nutrition and school lunch programs that serve predominantly urban areas. The remainder of this year's Farm Bill contains a robust renewable energy title I fought hard to help craft, as well as rural development programs, the strongest land, water, air, wildlife habitat and open space conservation program reauthorization in the bill's history, and the agricultural assistance programs for our farmers and ranchers, which have been reformed in this Farm Bill to address waste, fraud and abuses in eligibility in farm assistance payments.

Saving Farm Agency Offices. In response to a U.S. Department of Agriculture plan to close Farm Services Agency (FSA) offices in five eastern and southern Colorado counties, I successfully added a provision to the pending Farm Bill to keep the FSA offices open for at least five additional years.

Helping South Platte Water Well Users. I successfully added to the Farm Bill two provisions to aid farmers along the S. Platte River in Northeast Colorado who have suffered losses and uncertainty over the past 1 ½ years since they were ordered to shut down the wells they rely upon to irrigate their crops.

Reevaluating Energy Demands and Impact on Water Resources. In a letter to Energy Secretary Bodman, I requested that the Department of Energy update its 2006 report to Congress which evaluated the expected water needs for certain energy sources. I have made this request because I believe the current report does not adequately present a comprehensive and comparative picture of the water needs for all of the traditional and alternative energy sources that have been included in recently passed energy legislation. As our Nation moves toward the greater use of renewable energy, I want to ensure that we do not do so at the expense of other critical resources, namely water.

Cleaning Up Roan Plateau. Senator Allard and I joined together in a letter to Interior Secretary Kempthorne requesting an update on the progress of the cleanup of the Anvil Points CERCLA site near Rifle. Under current law, Colorado cannot receive any oil and gas leasing revenues from new or existing leases on Navy Oil Shale Reserve lands on the Roan Plateau until the Anvil Points cleanup is completed. If there are sufficient funds to pay for the necessary cleanup, excess NOSR revenues should go where they're needed most, such as efforts to mitigate the impacts of gas development on western slope communities. While Senator Allard and I have differing views on the extent of development on top of the Roan Plateau, we both agree that the revenues Colorado is entitled to from whatever is developed should be made available to our state. The Anvil Points cleanup timetable is critical to that revenue stream.

Expanding Geothermal Energy Use. I introduced S. 2314, the Geothermal Heat Pump Development Act, which would provide American homes and businesses with tax credits to promote greater use of geothermal heat pumps (GHPs)-electrically powered devices that use the earth's natural heat storage ability to heat and cool homes and meet energy needs.. According to the EPA, GHPs are the most energy-efficient and environmentally clean space-conditioning systems currently in use. However, the comparatively high installation costs associated with GHP systems limits the number of American homes and businesses who can tap into this proven technology. My bill makes GHP systems eligible for the energy tax credit and the residential energy efficiency property tax credit, for businesses and consumers respectively.

Protecting Dominguez-Escalante. I continue to push for local input on the creation of a National Conservation Area (NCA) for the Dominguez and Escalante Canyons area in Western Colorado. In 2006 I urged local leaders to establish a formal, public process to solicit public opinion on establishing the NCA. It is my hope that early next year we can introduce consensus legislation to better protect and manage this amazing area in western Colorado.

Transforming Fountain Creek. I introduced S. 2384, the Fountain Creek Feasibility Study Act, directing the Army Corps of Engineers to conduct a feasibility study on the construction of a multipurpose project consisting of one or more dams, reservoirs or other structures to provide more reliable flood and sediment control, to conserve fish and wildlife and preserve their ecosystem, and to improve the water quality throughout the Fountain Creek watershed and the Lower Arkansas Valley. This bill is a first step in implementing a vision to restore Fountain Creek and transform this corridor between Colorado Springs and Pueblo into an environmental, agricultural, and recreational crown jewel for Southern Colorado.

Monitoring Northern Colorado Uranium Mining Proposal. In response to continued concerns about the possible environmental and economic impacts the proposed Centennial uranium mining project would have on Northern Colorado, I sent a letter to the EPA urging that agency to address these concerns in any review of the project's permitting application. I want to ensure that the possible impacts, such as groundwater contamination within the Denver Basin aquifer system, not just the smaller Laramie-Fox Hills aquifer, are analyzed as thoroughly as possible, given the fact that the proposed mine operation is located within 30 miles of a population of about 300,000 people.

Fighting for Rocky Flats Workers Health Care Needs. In response to the U.S. Department of Labor's belated, but welcome, decision to include 775 Rocky Flats workers under health care protection, Representatives John Salazar, Ed Perlmutter and Mark Udall joined me in sending a letter to Labor Secretary Chao emphasizing that much more remains to be done to address the needs of the thousands more Rocky Flats workers that deserve compensation for their health care needs resulting from the service they provided to their nation. The latest Labor Department ruling is just another example of how what should be a relatively straightforward process for designating these workers as eligible for health care compensation has become convoluted and twisted beyond recognition-a monstrous injustice to the Rocky Flats workers.

Ensuring Medicare Hospital Coverage for the Underserved. I introduced S. 2381, the Medicare Sole Community Hospital Preservation Act, to ensure that hospitals that provide critical care in isolated rural or underserved urban areas are properly reimbursed by Medicare. There are currently 15 sole community hospitals in Colorado and over 480 throughout the nation.

As always, for more information on my Senate activities in Colorado and in Washington, I urge you to visit my website at salazar.senate.gov.

Sincerely,


Ken Salazar
U.S. Senator
 
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